Legal
Terms of Service
Overview
The websites and application at flipmail.ai and app.flipmail.ai (collectively, the "Site") and the FlipMail product (the "Service") are operated by Top Cheddar LLC. Throughout the Site, the terms "we", "us" and "our" refer to Top Cheddar LLC. We offer the Service conditioned upon your acceptance of these Terms of Service ("Terms").
FlipMail uses Google OAuth to connect Gmail when you choose to connect an inbox. FlipMail is not affiliated with, endorsed by, or sponsored by Google LLC.
By visiting the Site or using the Service, you agree to these Terms, including policies referenced or linked here. If you do not agree, do not use the Site or Service.
You must be at least 18 years old to use the Service.
We may update these Terms by posting changes on this page. Your continued use after changes constitutes acceptance. Please review this page periodically.
Acceptable use
You may not use the Service for any unlawful purpose or in violation of Gmail's terms or other applicable policies. You must not attempt to bypass security, probe vulnerabilities without authorization, or use the Service to send spam, harvest data without rights, or harm third parties.
We may suspend or terminate access for conduct that violates these Terms or creates risk for us or other users.
Accounts and subscriptions
You are responsible for safeguarding your account credentials. You agree to provide accurate billing and contact information. Fees, taxes, and renewal terms are presented at purchase. We may change prices with reasonable notice where required by law.
Your content and data
You retain rights to content you submit or that we access from your inbox on your behalf. You grant us permission to process that content solely to provide the Service. Our use of personal data is described in our Privacy Policy.
Third-party services
The Service relies on third parties (for example hosting, Google APIs, payment processors, and analytics such as PostHog). Their terms and privacy policies apply to your use of those services. We are not responsible for third-party sites you access from links on the Site.
Intellectual property
The Service, including software, branding, and documentation, is owned by Top Cheddar LLC or its licensors. Except as expressly allowed, you may not copy, modify, distribute, sell, or reverse engineer the Service.
Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT RESULTS (INCLUDING LEAD SCORES OR DRAFTS) WILL MEET YOUR EXPECTATIONS.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOP CHEDDAR LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR CLAIMS ARISING OUT OF THE SERVICE IN ANY TWELVE-MONTH PERIOD IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THAT PERIOD (OR ONE HUNDRED DOLLARS IF YOU PAID NOTHING).
Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted by law.
Indemnity
You agree to indemnify and hold harmless Top Cheddar LLC and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, or your violation of these Terms.
Governing law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except where preempted by applicable law.
Contact
Questions about these Terms: [email protected]
Data Processing Addendum (DPA)
Roles
Where we process personal data on behalf of your organization in connection with the Service, you are the Controller and Top Cheddar LLC is the Processor, processing only on your instructions and in accordance with these Terms and our Privacy Policy.
Purpose and scope
We process personal data solely to provide and secure the Service. We do not sell personal data. We do not use your email content to train generalized models for unrelated purposes, as described in the Privacy Policy.
Subprocessors
We may engage subprocessors (for example cloud infrastructure and analytics). We remain responsible for their processing in line with this DPA. A current list is available upon request at [email protected].
Security and assistance
We implement appropriate technical and organizational measures. We will assist you, within reasonable bounds, with requests from individuals exercising privacy rights, and with obligations relating to data protection impact assessments and consultations, where applicable law requires.
Transfers
Personal data may be processed in the United States and other countries. Where required, we use appropriate safeguards (such as standard contractual clauses).
Breach notification
If we become aware of a personal data breach affecting your data as Controller, we will notify you without undue delay where we are required to do so.
Deletion
When the Service ends and upon your request, we will delete or return personal data in line with the Privacy Policy and retention controls you configure, except where law requires retention.
This DPA is effective while you use the Service and is governed by the same jurisdiction provisions as these Terms.