Terms of Use

Last Updated: February 26, 2025

These Terms of Use (“Terms”) govern your access to and use of the EmailShepherd web application (“EmailShepherd,” “we,” “us,” or “our”). By registering for an account or otherwise using EmailShepherd, you (“User” or “you”) agree to be bound by these Terms. If you do not agree, you must not access or use our services.

1. Introduction

  1. Service Overview
    EmailShepherd is a Software as a Service (SaaS) platform that enables users to build, manage, and export email templates for use in marketing and other communication efforts.
  2. Eligibility
    • You must be at least 18 years of age to use EmailShepherd.
    • Our services are provided worldwide, subject to any applicable export controls or trade restrictions.
  3. Company Information
    EmailShepherd is a product owned and operated by Sheepish Software Ltd (‘Company’, ‘we’, ‘our’ or ‘us’), a company registered in the United Kingdom. For any questions or concerns regarding these Terms, please contact us at [email protected].
  4. Separate Privacy Policy
    Please note that our Privacy Policy is available separately. By using EmailShepherd, you agree that you have read and understood our Privacy Policy and how we collect, use, and share your personal data.

2. Account Registration

  1. Account Creation
    To use EmailShepherd, you must create an account. You agree to provide accurate and complete information during registration and to update such information to keep it accurate and complete.
  2. Account Security
    You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You must promptly notify us of any unauthorized use or suspected breach of your account.
  3. Account Termination
    We reserve the right to suspend or terminate your account at our sole discretion if you violate these Terms, engage in unlawful or unethical activities, or otherwise pose a risk to our business or users.

3. Acceptable Use and User Content

  1. User-Generated Content
    You may upload, import, or create your own HTML templates, images, text, and other materials (“User Content”) within EmailShepherd. You retain all rights to your User Content. By uploading or importing User Content, you represent and warrant that you have all necessary rights, licenses, and permissions to do so, and that your User Content does not violate any laws or third-party rights.
  2. Prohibited Conduct
    You agree not to use EmailShepherd in any way that:
    • Violates applicable laws, regulations, or guidelines.
    • Sends spam or other unwanted emails that violate anti-spam laws.
    • Harasses, abuses, or harms another person or entity.
    • Involves copyrighted, trademarked, or otherwise proprietary material without proper authorization.
    • Uploads or distributes content that is unlawful, deceptive, defamatory, obscene, or otherwise objectionable.
  3. Content Compliance
    Any email marketing campaigns or communications you create using EmailShepherd must comply with all applicable marketing regulations, including anti-spam and data protection laws in your country and your recipients’ countries.

4. Subscription, Billing, and Payments

  1. Subscription Plans
    EmailShepherd offers different subscription tiers (monthly or annual) as outlined on our [Pricing Page]. Details such as features, usage limits, and pricing can be found there.
  2. Free Trial
    We may offer a free trial period to new users. The specific terms of the free trial (duration, usage limits) will be communicated at the time of sign-up. At the end of the free trial, you will be billed unless you cancel before the trial concludes.
  3. Payment Processing
    All payments are processed through our third-party provider, Stripe. By subscribing, you authorize Sheepish Software Ltd to charge your designated payment method for your chosen subscription plan. You are responsible for any applicable taxes, and Stripe’s own terms and conditions also apply.
  4. Refunds and Cancellations
    You can cancel your subscription at any time via your account settings. Subscription fees are generally non-refundable. Upon cancellation, you will retain access to paid features until the end of your current billing cycle.
  5. Late Payments
    If your payment is declined or cannot be processed, we reserve the right to suspend or terminate your account until any outstanding fees are paid in full.

5. Third-Party Integrations

  1. Stripe
    We integrate with Stripe for payment processing. We do not store or handle your payment details directly. Your use of Stripe is subject to their own Terms of Service and Privacy Policy.
  2. Email Marketing Platforms
    EmailShepherd integrates with third-party email marketing platforms such as Mailchimp, Klaviyo, and others. We are not liable for the performance or availability of these third-party services.
  3. OpenAI Integration
    We may integrate with OpenAI for AI-based translation or content generation features. Any content generated via AI is the responsibility of the user, and you must ensure it meets all applicable laws and regulations.
  4. Disclaimer
    We are not responsible for third-party platforms, services, or tools. Your use of those services is at your own risk and subject to the respective providers’ terms and conditions.

6. Intellectual Property

  1. Our Content
    Except for User Content, all content, software, and materials on EmailShepherd (“Our IP”) are our property or licensed to us. You may not copy, distribute, or create derivative works of Our IP without our prior written consent.
  2. User Content
    You own all rights to your User Content. However, by uploading or importing User Content to EmailShepherd, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and process your User Content solely for the purpose of providing the EmailShepherd service.
  3. Termination for Infringement
    If you infringe upon our IP or otherwise violate these Terms, we reserve the right to suspend or terminate your access to EmailShepherd without notice.

7. Disclaimers and Limitations of Liability

  1. No Warranty
    EmailShepherd is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
  2. No Guarantee of Results
    We do not guarantee any results from using EmailShepherd, including the success or deliverability of your email campaigns.
  3. Limitation of Liability
    To the maximum extent permitted by law, we shall not be liable for any indirect, consequential, incidental, punitive, or special damages arising out of or relating to these Terms or your use of EmailShepherd. Our total liability for any claim relating to EmailShepherd shall not exceed the total amount of fees paid by you to us in the twelve (12) months preceding the claim.
  4. Indemnification
    You agree to indemnify and hold harmless EmailShepherd, its directors, employees, and affiliates from any claims, damages, liabilities, and expenses (including legal fees) arising out of or related to your use of EmailShepherd, your User Content, or any breach of these Terms.

8. Governing Law and Dispute Resolution

  1. Governing Law
    These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
  2. Dispute Resolution
    Any dispute or claim arising out of or in connection with these Terms shall be resolved through good-faith negotiations. If a dispute cannot be resolved amicably, it shall be referred to binding arbitration under [Placeholder Arbitration Rules] in the United Kingdom. The language of arbitration shall be English. By agreeing to arbitration, you understand that you are waiving certain legal rights, including the right to a trial by jury or to participate in a class action lawsuit.

9. Modifications and Term

  1. Changes to These Terms
    We may update these Terms from time to time. If we make significant changes, we will notify you by email or by posting a notice within the EmailShepherd platform. Your continued use of EmailShepherd after any changes indicates your acceptance of the updated Terms.
  2. Term and Termination
    These Terms shall apply for as long as you use or access EmailShepherd. We reserve the right to terminate or suspend your account at any time for any reason, including violation of these Terms or any applicable laws.

10. Miscellaneous

  1. Entire Agreement
    These Terms, together with our Privacy Policy and any other legal notices, form the entire agreement between you and EmailShepherd regarding your use of our service.
  2. Severability
    If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  3. No Waiver
    Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
  4. Assignment
    You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without restriction.
  5. Contact Us
    If you have any questions or comments about these Terms, please contact us at:
    Email: [email protected]

BY REGISTERING FOR AN ACCOUNT OR OTHERWISE USING EMAILSHEPHERD, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND YOU AGREE TO BE BOUND BY THEM.

Company Name: Sheepish Software Ltd
Operating as: EmailShepherd
Registered in the United Kingdom
Company registration number: 16254830