Terms of Service
Last updated: March 19, 2025
Please read these Terms of Service carefully before using https://validpeak.com. These Terms form a legally binding agreement between you and ValidPeak. Using our Services means you accept these Terms in full.
1. Acceptance of Terms
By accessing or using ValidPeak's platform, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. If you do not agree, do not use the Services.
2. Description of Services
ValidPeak provides email validation, bulk email list verification, blacklist monitoring, DMARC monitoring, and domain warmup tools designed to improve email deliverability. Features, pricing tiers, and API limits are described on our website and may change with notice.
3. Accounts & Registration
Eligibility
You must be at least 16 years old and legally capable of entering into a binding contract to use our Services.
Account Security
You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. Notify us immediately at legal@validpeak.com if you suspect unauthorised access.
Accurate Information
You agree to provide accurate, current, and complete information during registration and to keep it updated.
One Account per User
Creating multiple accounts to circumvent usage limits or abuse free tiers is prohibited.
4. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
- Use the Services to validate email lists obtained without the recipients' consent.
- Submit malicious, fraudulent, or unlawful data through our platform or API.
- Attempt to reverse-engineer, decompile, or extract the source code of our software.
- Use automated tools to scrape, crawl, or excessively query our platform beyond normal API usage.
- Resell, sublicense, or redistribute our Services or API responses without prior written consent.
- Interfere with or disrupt the integrity or performance of our infrastructure.
- Use the Services in any way that violates applicable laws, including anti-spam regulations (CAN-SPAM, GDPR, CASL).
Violation of this section may result in immediate suspension or termination of your account without refund.
5. API Usage
Rate Limits
API usage is subject to rate limits based on your subscription plan. Exceeding limits may result in throttling or temporary suspension of API access.
API Keys
You are responsible for keeping your API keys confidential. Do not embed keys in client-side code or public repositories. Compromised keys should be rotated immediately.
Fair Use
Automated or programmatic use must be proportionate to your subscription tier. We reserve the right to enforce fair use policies to protect service quality for all users.
6. Payments & Subscriptions
Billing
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated herein or required by law.
Free Tier
We offer a limited free tier subject to usage caps. We reserve the right to modify or discontinue the free tier at any time with reasonable notice.
Upgrades & Downgrades
You may upgrade your plan at any time. Downgrades take effect at the next billing cycle. Unused credits or validations do not carry over between billing periods unless explicitly stated.
Failed Payments
If a payment fails, we will notify you and attempt to retry. Continued non-payment may result in suspension of your account. You remain liable for all outstanding charges.
Taxes
All fees are exclusive of applicable taxes. You are responsible for paying any applicable VAT, GST, or sales taxes.
7. Cancellation & Refunds
You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of the current billing period — you retain access until then. We do not provide pro-rated refunds for partial months. Refunds may be issued at our discretion for billing errors or service outages exceeding our SLA.
8. Intellectual Property
Our Property
All rights, title, and interest in the Services — including our software, algorithms, trademarks, brand, and documentation — are and remain the exclusive property of ValidPeak.
Your Data
You retain ownership of any data you submit to the Services. By using our Services, you grant us a limited, non-exclusive licence to process your data solely to provide the Services.
Feedback
Any feedback, suggestions, or ideas you provide may be used by us without restriction or compensation.
9. Confidentiality
Each party agrees to keep confidential any non-public information received from the other party in connection with these Terms and to use such information only to fulfil obligations under these Terms. This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. Privacy
Your use of the Services is also governed by our Privacy Policy, available at https://validpeak.com/privacy-policy, which is incorporated into these Terms by reference.
11. Service Level & Uptime
We target 99.9% uptime for our platform. Planned maintenance will be communicated in advance. In the event of an outage exceeding our SLA, eligible customers may request service credits as set out in their subscription plan. Credits are the sole remedy for downtime and do not constitute a refund.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VALIDPEAK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. EMAIL VALIDATION RESULTS ARE BASED ON AVAILABLE DATA AND ARE PROVIDED FOR INFORMATIONAL PURPOSES — WE DO NOT GUARANTEE DELIVERABILITY OUTCOMES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VALIDPEAK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
14. Indemnification
You agree to indemnify, defend, and hold harmless ValidPeak and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
15. Termination
By You
You may terminate your account at any time by cancelling your subscription and ceasing use of the Services.
By Us
We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or if continued service creates legal or security risk for us or our users.
Effect of Termination
Upon termination, your right to access the Services ceases. We may delete your data after a reasonable grace period. Sections that by their nature should survive termination (including IP, liability, indemnification, and governing law) shall survive.
16. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the European Union and the jurisdiction where ValidPeak is registered, without regard to conflict of law principles. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to the competent courts of the applicable jurisdiction.
17. Changes to These Terms
We reserve the right to update these Terms at any time. We will provide at least 14 days' notice of material changes via email or a prominent notice on our website. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
18. General Provisions
- Entire Agreement — these Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.
- Severability — if any provision is found unenforceable, the remaining provisions continue in full force.
- Waiver — failure to enforce any right does not constitute a waiver of that right.
- Assignment — you may not assign your rights under these Terms without our consent. We may assign our rights in connection with a merger or acquisition.
- Force Majeure — neither party is liable for delays caused by circumstances beyond their reasonable control.
19. Contact
For questions about these Terms, please contact us: