These Terms of Service (“Terms”) are the agreement between Pinvesta Holdings Ltd, operating as Pinvesta Technologies, the operator of OneHive Mail (“OneHive Mail”, “we”, “us”), and the business that uses OneHive Mail (“you”). Please read them carefully. Our Privacy Policy, Acceptable Use Policy and Anti-Spam Policy are part of these Terms.
The agreement
By creating an account, starting a trial or using OneHive Mail, you agree to these Terms on behalf of yourself and the business you represent, and you confirm that you are at least 18 years old and have authority to bind that business. OneHive Mail is a service for businesses and professionals; it isn’t intended for personal or household use.
The service
OneHive Mail is software for email marketing and customer relationship management, including the email designer and templates, contact and audience management, campaigns, automations, reports and CRM tools described on our website. We regularly improve OneHive Mail and may add, change or remove features. Features we describe as “in development” aren’t part of the service until they are released.
Accounts and users
- You must give accurate information when you create an account and keep it up to date, including your business details and the sender details shown in your emails.
- You are responsible for everything done through your account, for keeping passwords secure, and for the people you invite. Each user must have their own sign-in.
- Organization Admins manage users, senders, compliance details and billing for the account.
- Tell us right away through our contact page if you believe your account has been accessed without permission. We may suspend access to protect an account or the service.
Free trial
New customers may start a 10-day free trial with up to 100 active contacts, 250 email sends in total and 1 user. A credit card is required to start a trial and you pay $0 that day. One free trial per business and per card: if your card has already been used for a OneHive Mail trial, there is no trial and your plan starts, and is charged, right away. When the trial ends, the plan you selected starts automatically and your card is charged, unless you cancel before the trial ends. Emails sent during a trial include a small “Powered by OneHive Mail” line. Everything you set up during the trial is kept when your plan starts.
Plans, billing and renewal
- Pricing. Plans are priced by the number of active contacts, as described on our pricing page. Active contacts are contacts who can receive your email: subscribed, not archived and not suppressed.
- Billing. Plans are billed in advance, monthly or yearly, in the currency shown when you subscribe (Canadian dollars for customers in Canada, US dollars everywhere else), and renew automatically for the same period until cancelled. Payments are collected by Pinvesta Holdings Ltd, operating as Pinvesta Technologies, through Stripe. Prices don’t include taxes, which we add where required.
- Sending allowance. Each plan includes a monthly allowance of email sends equal to ten times its contact limit. The allowance resets each month and unused sends don’t roll over. Email add-ons and additional users are billed as described on the pricing page.
- Limits. If you reach your plan’s contact limit, new contacts can’t be added or subscribed until you move to a larger plan. A send that would take you past your monthly allowance can’t go out until you add more sends or the next month begins.
- Price changes. We may change our prices. We’ll give you at least 30 days’ notice, and the new price applies from your next renewal.
- Failed payments. If a subscription payment fails, as confirmed by our payment processor, your paid features are restricted straight away, with no grace period: sending email (including campaigns, scheduled sends, automations and test emails), adding or importing contacts and adding users are paused until the payment succeeds. This applies to renewals and to the first payment after a free trial alike. Campaigns that were scheduled or part-way through stay paused after the payment succeeds until you resume them; we don’t send them automatically. While paid features are restricted, your content and data are kept, you can still sign in, update your payment method, pay the outstanding invoice and see your invoices, and your subscription isn’t cancelled; our payment processor keeps retrying the payment automatically. We’ll notify your account’s administrators when a payment fails and show a notice in the app, and paid features are restored automatically once the payment is confirmed.
Cancellation and refunds
You can cancel at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then. Fees already paid are non-refundable, including for partial periods and unused sends, except where the law requires otherwise.
Your content and data
- You own your data. Your contacts, CRM records, email content, images and other material you add to OneHive Mail (“your content”) belong to you.
- Our permission to use it. You give us permission to host, copy, process, transmit and display your content only as needed to provide, secure and support the service for you.
- Personal information. We process personal information in your content on your behalf, following your instructions and our Privacy Policy. You are responsible for having the right to collect and use it, and for telling your contacts how you handle their information.
- Export. You can export your contacts at any time while your account is active.
- After your account closes, we delete or anonymise your content within a reasonable time, as described in our Privacy Policy. Export anything you want to keep before your account closes.
Your responsibilities as a sender
You are responsible for the emails you send through OneHive Mail and the people you send them to. In particular, you must:
- Comply with all laws that apply to your emails, including Canada’s Anti-Spam Legislation (CASL), the US CAN-SPAM Act and applicable privacy laws.
- Only send marketing email to people who have given you permission, or with whom you have a valid implied-consent relationship, and keep records of that consent.
- Keep your business name, mailing address and sender details accurate, since they identify you in every email.
- Never import or email purchased, rented, scraped or otherwise unsolicited lists.
- Follow our Acceptable Use Policy and Anti-Spam Policy.
OneHive Mail adds an identification footer and an unsubscribe link to every campaign and honours unsubscribes automatically, but these tools don’t make you compliant on their own. Our guides are general information, not legal advice.
Deliverability and automatic protections
Email delivery depends on recipients’ email providers, which we don’t control, so we can’t guarantee that any email will be delivered or reach the inbox. To protect recipients and every customer’s ability to send, we monitor bounce and spam complaint rates. If an account’s rates exceed the limits in our Acceptable Use Policy, sending pauses automatically until we review it with you. We may also pause sending or suspend an account that we reasonably believe breaks these Terms or our policies, or puts the service, our providers or other customers at risk. Where we can, we’ll tell you why and work with you to resolve it.
Third-party services
OneHive Mail relies on third-party providers, including Amazon Web Services for email delivery. If you connect a third-party service, such as your Google or Microsoft calendar, your use of it is governed by that provider’s terms, and we aren’t responsible for third-party services.
Using the platform properly
You may not copy, modify, resell or sublicense the service; reverse engineer it, except where the law allows; access it by automated means other than features we provide; test its security or overload it without our written permission; or use it to build a competing product.
Our intellectual property
OneHive Mail, including the software, design, templates and our brand, belongs to us and our licensors. During your subscription we give you a limited, non-exclusive, non-transferable right to use the service for your business, including using our templates in emails you send through OneHive Mail. If you send us feedback or ideas, we may use them without any obligation to you.
Availability and changes
We work to keep OneHive Mail available and reliable, but we don’t guarantee that it will be uninterrupted or error-free, and we may need to perform maintenance. If we make a change that significantly reduces the features you rely on, we’ll give you reasonable notice.
Disclaimers
To the extent permitted by law, OneHive Mail is provided “as is” and “as available”, and we disclaim all warranties and conditions not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in OneHive Mail or on our website is legal advice.
Limitation of liability
To the extent permitted by law, neither party is liable to the other for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to these Terms or the service. Our total liability for all claims arising from or related to these Terms or the service is limited to the fees you paid us in the 12 months before the event giving rise to the claim. These limits don’t apply where the law doesn’t allow them to.
Indemnity
You will defend and indemnify OneHive Mail against claims, damages, fines and costs (including reasonable legal fees) arising from your content, the emails you send, or your breach of these Terms, our policies or the law.
Suspension and termination
You may close your account at any time. We may suspend or terminate your account if you materially breach these Terms or our policies, if fees remain unpaid after notice, or if needed to comply with the law or protect the service. When your account closes, your right to use the service ends. Sections that by their nature should continue, such as those on fees owed, your data, disclaimers, limitation of liability, indemnity and governing law, continue after termination.
Changes to these terms
We may update these Terms. For significant changes, we’ll notify you by email or in the app before they take effect. If you continue to use OneHive Mail after the changes take effect, you accept the updated Terms; if you don’t agree, you can cancel before then.
Governing law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there. The courts of British Columbia have exclusive jurisdiction over any dispute arising from these Terms or the service.
General
These Terms, together with the policies they refer to and any order you place, are the entire agreement between you and OneHive Mail about the service. If any part is found unenforceable, the rest remains in effect. Not enforcing a provision isn’t a waiver of it. You may not transfer these Terms without our consent; we may transfer them as part of a merger, acquisition or sale of our business. We may send notices to the email address on your account; you can send notices to us through our contact page.