Trackpost – Terms of Service
Last updated: 2026-02-11
These Terms of Service (“Terms”) govern access to and use of the Trackpost platform, APIs, CLI tools, and related services (“Services”) provided by Trackpost (“Trackpost”, “we”, “us”, or “our”).
By creating an account or using the Services, you (“Customer”, “you”) agree to these Terms.
- Scope of Services
Trackpost provides software tooling for transactional email, including APIs, templates, workflows, analytics, and developer tools. Trackpost does not send email on behalf of customers. All email delivery is executed through the Customer’s own Amazon Web Services Simple Email Service (AWS SES) account, using Customer-provided credentials.
Trackpost does not operate shared sending infrastructure and does not provide marketing or bulk email services.
- Eligibility & Business Use
The Services are intended exclusively for business and professional use (B2B). By using Trackpost, you confirm that: • you are acting on behalf of a business or legal entity, and • you have authority to bind that entity to these Terms.
Consumer protection laws applicable to consumers (“Verbraucher”) do not apply.
- Account Registration & Security
You are responsible for: • maintaining the confidentiality of your API keys and credentials • all activity under your account • securing AWS SES credentials supplied to Trackpost
You must notify Trackpost immediately of any unauthorized use.
- Acceptable Use
4.1 Transactional Use Only
Trackpost may be used only for transactional or operational emails, including but not limited to: • account notifications • password resets • invoices and receipts • security alerts • system notifications
4.2 Prohibited Use
You may not use Trackpost for: • marketing, promotional, or bulk email campaigns • newsletters or announcements • cold outreach or lead generation • purchased or scraped email lists • spam, phishing, malware, or deceptive content • political campaigning • adult or illegal content
Trackpost reserves the right to suspend or terminate accounts violating this section.
- Customer Responsibilities
You are solely responsible for: • email content and recipients • obtaining and maintaining lawful consent • compliance with applicable email laws (including GDPR, ePrivacy, CAN-SPAM, CASL, etc.) • AWS SES configuration, limits, and reputation • domain verification, DKIM/SPF configuration
Trackpost does not validate recipient consent or mailing list legality.
- Deliverability Disclaimer
Trackpost does not guarantee: • email delivery • inbox placement • open or click rates
Email delivery depends on third-party systems (including AWS SES and mailbox providers) beyond Trackpost’s control.
- Fees & Billing
Services are billed on a subscription and usage-based basis as described at the time of purchase. • Fees are charged via Stripe. • Usage charges are non-refundable once incurred. • Subscription fees are non-refundable. • You are responsible for all applicable taxes.
Trackpost may suspend Services for non-payment.
- Third-Party Services
Trackpost relies on third-party services, including but not limited to: • Amazon Web Services (AWS SES) • Cloudflare • Stripe
Trackpost is not responsible for outages, errors, or failures caused by third-party services.
- Data Protection & Privacy
9.1 Roles
For most email content and metadata, Trackpost acts as a data processor, while the Customer acts as the data controller under GDPR.
9.2 Data Processing
Personal data is processed only to provide the Services, in accordance with the Trackpost Privacy Policy and Data Processing Agreement (DPA).
9.3 GDPR Rights
Customers are responsible for fulfilling data subject requests relating to email recipients.
- Intellectual Property
Trackpost retains all rights to: • software • APIs • documentation • trademarks
Customers retain ownership of their: • email templates • content • data
No rights are granted except as explicitly stated.
- Suspension & Termination
Trackpost may suspend or terminate access: • for violation of these Terms • for abuse or excessive bounce/complaint rates • to comply with legal obligations • to protect platform integrity
Upon termination: • access to Services ceases • outstanding fees remain payable
- Limitation of Liability
To the maximum extent permitted by law: • Trackpost’s total liability is limited to the fees paid by the Customer in the preceding 12 months. • Trackpost is not liable for: • indirect or consequential damages • loss of data, revenue, or reputation • deliverability failures • third-party service outages
- Indemnification
You agree to indemnify and hold harmless Trackpost from any claims arising from: • misuse of the Services • unlawful email content or recipients • violations of applicable laws • misuse of AWS SES
- Changes to the Services or Terms
Trackpost may modify these Terms with reasonable notice.
Continued use of the Services constitutes acceptance of updated Terms.
- Governing Law & Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law provisions. Exclusive jurisdiction is the courts of Germany.
- Miscellaneous • If any provision is invalid, remaining provisions remain effective. • These Terms constitute the entire agreement between the parties. • No waiver is implied by failure to enforce any provision.
Contact
Legal inquiries: [email protected]