1. Agreement and eligibility
These Terms of Service ("Terms") govern access to Kinya Email Studio ("Email Studio," "Service"), operated by Kinya McDowell ("we," "us"). By creating an account or using the Service, you agree to these Terms. You must be at least 18 years old and authorized to act for the business whose account you create.
2. What Email Studio provides
Email Studio is a small-business application for creating email newsletters, managing customer lists, designing and previewing campaigns, and sending messages through a connected Google or SMTP provider. Some features are provided as a pilot, may change, and may not be available until a sending integration has been configured. The Service currently targets businesses with no more than 500 unique contacts per workspace.
3. Accounts and security
You must provide accurate account information, safeguard your credentials, and notify us of suspected unauthorized use. You are responsible for activity in your workspace and for controlling access to business data. Do not share another person's login or attempt to enter other businesses' workspaces.
4. Your contacts and content
You retain ownership of your customer lists, logos, text, images, and other content that you upload or create. You grant us the limited right to host, process, reproduce, and transmit that material as necessary to provide the Service and send campaigns you authorize. You confirm you have all necessary rights to use the images, branding, information, and addresses you provide.
5. Permission-based email and prohibited behavior
You are responsible for complying with applicable email, privacy, consumer protection, and anti-spam laws, including applicable requirements under the U.S. CAN-SPAM Act and, when relevant, other jurisdictions' rules. In particular, you agree to:
- Send marketing messages only to contacts for whom you have an appropriate lawful basis and required permission.
- Use accurate sender identification, subject lines, and business information.
- Provide a valid postal mailing address where required for commercial email. Email Studio does not supply your business's postal address for you.
- Include and honor functional unsubscribe instructions and promptly stop marketing to recipients who opt out.
- Not send purchased, scraped, harvested, or otherwise unauthorized email lists, phishing, fraudulent promotions, harassment, malware, illegal products, or misleading campaigns.
- Observe applicable Google, SMTP-provider, and hosting-provider usage policies and sending limits.
We may suspend sending or access when we reasonably believe an account is abusive, unlawful, or poses a security or deliverability risk.
6. Google and SMTP connections
If you connect Gmail, you authorize Email Studio to use the permissions you approve to send messages you initiate via the Gmail API. If you connect SMTP, you authorize us to use the credentials and server details you supply to send your campaigns. You are responsible for maintaining authorization to use the sending account and complying with your provider's policies.
Google and SMTP providers are independent third parties. Delivery may be limited, rejected, delayed, or interrupted by those services, recipient servers, content filtering, account limits, or network conditions. Connecting a sender does not guarantee inbox placement or delivery.
7. Campaigns, test messages, and sends
Review your recipients, subject lines, sender identity, message content, links, accessibility, and unsubscribe information before sending. A test message does not guarantee that every recipient's email application will display the campaign identically. Once a campaign batch is submitted to a sending provider, individual messages may not be retractable. Delivery attempts may be logged for operational, troubleshooting, and compliance purposes.
8. Contact limits, availability, and changes
Each business workspace is intended for a maximum of 500 unique contacts, regardless of how many lists they join. We may impose additional reasonable limits to protect the Service and provider reputation. We may update features, suspend a malfunctioning integration, or perform maintenance. We do not promise uninterrupted availability.
9. Fees
Unless a separate paid plan or written agreement is presented and accepted, these Terms do not establish a subscription fee or payment obligation. If paid plans are introduced, their pricing, billing, renewal, and cancellation terms will be presented before any charge applies.
10. Intellectual property
The Email Studio software, interface, and our branding remain owned by us or our licensors. These Terms give you a limited, nonexclusive, revocable right to use the Service for your lawful business operations. They do not transfer ownership of the software. Your own campaign and business content remains yours.
11. Privacy
Our Privacy Policy explains how Email Studio processes account, contact, campaign, and Google connection information. You are responsible for your own privacy notices and lawful processing of customer data collected outside the Service.
12. Suspension and termination
You may stop using Email Studio and ask us about account closure at kinya@kinyamcdowell.com. We may suspend or terminate accounts for violations of these Terms, security threats, abuse, or legal requirements. Data may remain for limited periods where needed for legitimate compliance, security, and backup purposes, as described in the Privacy Policy. Do not rely on Email Studio as your only copy of business contacts or campaign materials.
13. Disclaimers and limitation of liability
To the extent permitted by applicable law, the Service is provided on an "as available" and "as is" basis without warranties of uninterrupted operation, error-free delivery, fitness for a particular purpose, or specific campaign results. We are not responsible for failures by independent email providers or recipient mail systems.
To the extent permitted by applicable law, we will not be liable for indirect, consequential, special, exemplary, or punitive damages, including lost profits or lost business opportunities arising from use of the Service. Nothing in these Terms excludes liability that cannot lawfully be excluded.
14. Changes to the Terms
We may revise these Terms to reflect changes in the Service or applicable law. Updated Terms will be published here with a revised effective date. If material changes affect existing users, we will provide appropriate notice where required.
15. Governing law and disputes
Unless applicable consumer or other mandatory law requires otherwise, these Terms are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles. Before starting a formal dispute, please contact us so we can try to resolve the concern informally.
16. Contact
Kinya Email Studio
Operated by Kinya McDowell
Email: kinya@kinyamcdowell.com
Website: newsletter.kinyamcdowell.com