Terms & Conditions

1. Definitions

For purposes of these Terms, the following terms shall have the meanings set forth below:

• "Client" means any individual or entity that registers for an account and uses the Services.
• "Content" means all text, data, graphics, software, and other materials available through the Website.
• "Credits" means units of prepaid verification capacity purchased by a Client for use with the Services.
• "Services" refers to the email verification and data validation services provided by EmailMarker through the Website.
• "Uploaded Data" means any email lists, files, or data submitted by a Client to the Website in connection with the Services.
• "Visitor" means any individual who accesses or browses the Website without registering as a Client.
• "Website" refers to the EmailMarker website located at www.emailmarker.com and its sub-domains.

2. Eligibility and Account Registration

The Services are intended for use by individuals and entities that are at least 16 years of age and have the legal capacity to enter into binding agreements. By registering for an account, you represent and warrant that you meet these eligibility requirements.

Upon registration, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify EmailMarker immediately at [email protected] if you become aware of any unauthorized use of your account. EmailMarker shall not be liable for any loss or damage arising from your failure to maintain the security of your account.

EmailMarker reserves the right to refuse registration or cancel any account at its sole discretion, including where it reasonably believes that the Terms have been violated.

3. Use of the Services

Subject to your compliance with these Terms, EmailMarker grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own lawful business purposes.

You agree to use the Services in compliance with all applicable laws and regulations, including but not limited to data protection laws, anti-spam regulations, and any other legislation applicable to the processing of email addresses in your jurisdiction.

You acknowledge that email verification results are generated through automated technical processes and that EmailMarker does not guarantee the accuracy or completeness of such results. You agree to exercise independent judgment when acting upon the results provided by the Services.

4. Prohibited Uses

You agree not to use the Website or the Services for any of the following purposes:

• Uploading or processing email lists obtained through unlawful means, including lists acquired without the consent of the individuals concerned;
• Using the Services in connection with unsolicited commercial communications (spam) or any activity that violates applicable anti-spam legislation;
• Uploading Uploaded Data that contains special categories of personal data as defined under Article 9 of the GDPR, including data relating to health, religion, racial or ethnic origin, or similar sensitive categories;
• Attempting to gain unauthorized access to any part of the Website, the Services, or any systems or networks connected thereto;
• Using automated tools, bots, or scripts to access or interact with the Services in a manner that places an unreasonable burden on EmailMarker's infrastructure;
• Reselling, redistributing, or sublicensing the Services or verification results to third parties without the prior written consent of EmailMarker;
• Using the Services in any manner that could damage, disable, or impair the Website or interfere with any other party's use of the Services;
• Engaging in any fraudulent activity in connection with the use of the Services, including providing false registration information or using stolen payment credentials.

EmailMarker reserves the right to investigate suspected violations of these Terms and to take any action it deems appropriate, including suspension or termination of the relevant account and reporting to relevant authorities.

5. Client Data and Uploaded Content

You retain full ownership of all Uploaded Data submitted to the Services. By uploading data to the Services, you grant EmailMarker a limited, non-exclusive license to process such data solely for the purpose of providing the Services.

You represent and warrant that:

• You have obtained all necessary rights, consents, and lawful bases to process the email addresses contained in your Uploaded Data;
• Your collection and submission of Uploaded Data complies with all applicable laws and regulations, including, where applicable, the General Data Protection Regulation (EU) 2016/679;
• Your Uploaded Data does not contain special categories of personal data as defined under Article 9 of the GDPR.

EmailMarker does not sell, share, or use Uploaded Data for any purpose other than performing the verification Services. You may delete your Uploaded Data at any time through your account dashboard. Deleted data is permanently removed from our systems and cannot be recovered.

6. API Access

EmailMarker allows each registered Client to create and manage one or more private API keys for programmatic access to the Services. Each API key is personal to your account and must not be shared with, transferred to, or used by any third party. You may revoke and regenerate API keys at any time through your account dashboard.

You are solely responsible for all usage of the Services conducted through your API key. In the event that you become aware of any unauthorized use of your API key, you must notify EmailMarker immediately and request a new key through your account dashboard.

EmailMarker reserves the right to suspend or revoke API access in the event of misuse, excessive usage, or any violation of these Terms.

7. Payments and Pricing

EmailMarker offers various pricing plans which may include prepaid credits, subscriptions, or other billing arrangements as made available on the Website from time to time. All fees are stated in U.S. Dollars unless otherwise indicated at the time of purchase.

All payments are processed by FastSpring, acting as Merchant of Record. By submitting payment information, you authorize FastSpring to process your payment in accordance with its own terms and privacy policy. EmailMarker does not store or have access to your payment card details or billing credentials.

EmailMarker reserves the right to update its pricing at any time. Any price changes will be communicated prior to taking effect and will apply only to purchases made after the effective date of such changes.

Purchased Credits do not expire and have no cash value. Credits are non-transferable and may not be applied to any account other than the account through which they were purchased. Specific terms applicable to any subscription plans will be communicated at the time of purchase.

8. Refunds

All purchases are final and non-refundable, except where required by applicable law. EmailMarker may, at its sole discretion, review refund requests on a case-by-case basis. To request a refund, please contact us at [email protected] with details of your purchase.

9. Service Limitations and Disclaimer of Warranties

Email verification results generated through the Services are based on automated technical analysis and probabilistic methods. The accuracy of results may vary depending on factors including, but not limited to, the email provider, domain configuration, server behavior, and the use of catch-all or restrictive mail server settings. These factors are outside the control of EmailMarker.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EMAILMARKER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY ACCURATE. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMAILMARKER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF EMAILMARKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EMAILMARKER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO EMAILMARKER IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by law.

11. Intellectual Property

The Website, the Services, and all Content made available therein, including but not limited to software, algorithms, text, graphics, logos, and trademarks, are the exclusive property of EmailMarker or its licensors and are protected by applicable intellectual property laws.

Nothing in these Terms grants you any right or license to use any of EmailMarker's trademarks, service marks, logos, or trade names without the prior written consent of EmailMarker. Your use of the Website does not confer any ownership rights in any Content or intellectual property of EmailMarker.

You may not copy, reproduce, modify, distribute, or create derivative works from any Content on the Website without the prior written consent of EmailMarker.

12. Account Suspension and Termination

EmailMarker reserves the right to suspend or terminate your account and access to the Services, with or without notice, in the event of any of the following:

• Violation of any provision of these Terms;
• Uploading or processing email lists obtained through unlawful means or in violation of applicable anti-spam legislation;
• Engaging in fraudulent activity, including the use of stolen payment credentials;
• Misuse or unauthorized sharing of your API key;
• Any conduct that EmailMarker reasonably determines to be harmful to the Services, other Clients, or third parties.

Upon termination of your account, your right to access the Services will cease immediately. Any Credits remaining in your account at the time of termination for cause will be forfeited without refund. EmailMarker shall not be liable to you or any third party for any termination of your access to the Services.

You may close your account at any time by using the account deletion option in your account settings.

13. Electronic Communications

By using the Website or the Services, you consent to receive electronic communications from EmailMarker, including service-related notices, account updates, and other information. You agree that all communications provided to you electronically satisfy any legal requirement that such communications be in writing.

14. Links to Third-Party Websites

The Website may contain links to third-party websites provided solely as a convenience. EmailMarker does not endorse, control, or assume any responsibility for the content, privacy practices, or terms of any third-party websites. You access any such websites at your own risk and are encouraged to review the applicable terms and privacy policies before using them.

15. Indemnification

You agree to defend, indemnify, and hold harmless EmailMarker and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Services; (ii) your Uploaded Data; (iii) your violation of these Terms; or (iv) your violation of any applicable law or the rights of any third party.

16. Severability and Entire Agreement

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

These Terms, together with the EmailMarker Privacy Policy, constitute the entire agreement between you and EmailMarker with respect to your use of the Services and supersede all prior agreements, representations, and understandings relating to the same subject matter.

17. Changes to These Terms

EmailMarker reserves the right to modify these Terms at any time. Material changes will be communicated to registered Clients by email prior to the effective date of such changes. The revised Terms will be posted on the Website with an updated effective date. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the updated agreement. We encourage you to review these Terms periodically.

18. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:

EmailMarker Terms and Conditions | Effective Date: April 20, 2026