These Terms of Service ("Terms") govern your access to and use of OtterContact Mail, OtterContact Connect, and OtterContact Sync (together, the "Services"), operated by OtterContact ("OtterContact", "we", "us", or "our"), based in Mumbai, India. By creating an account, purchasing a license, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. The Services
OtterContact Mail and OtterContact Connect are self-hosted plugins for WordPress and Joomla that you install on your own site. Each is available on a Free tier, a paid Pro tier, and a paid Agency tier, unlocked by entering a license key issued at purchase. OtterContact Sync is a separately hosted, multi-tenant software-as-a-service application, available on Starter, Professional, and Enterprise plans, accessed via your account rather than installed on your own infrastructure.
We may add, change, or discontinue features of the Services at any time. We'll make reasonable efforts to give notice before a change that materially reduces functionality you're actively paying for.
2. Accounts
You must provide accurate information when creating an account and keep your login credentials confidential. You're responsible for all activity that occurs under your account. Notify us promptly at ello@ottercontact.com if you suspect unauthorized use of your account.
3. License grant (Mail & Connect)
Subject to these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable license to install and use OtterContact Mail and/or OtterContact Connect on the number of sites your plan allows:
- Free tier — one site, with the feature set described on our pricing page at the time of use.
- Pro tier — one site per license purchased.
- Agency tier — unlimited sites under a single license, for use across your own client sites.
A license key may only be activated on the number of sites your tier allows at any one time; you can deactivate a site to free up a slot for another. This license is for your own use (or, for Agency, your clients' sites you manage) — you may not resell, sublicense, or redistribute a license key, or the plugin's Pro-tier source code, to a third party. Reverse engineering, decompiling, or circumventing license enforcement is not permitted.
The Free tier's underlying source code is provided under the license stated in that plugin's own distribution (see its readme). Pro/Agency-tier source code is provided solely for the licensed sites described above and is not open source.
4. OtterContact Sync
Sync is licensed, not sold — you're granted a right to access and use the hosted application for the term of your subscription, subject to the usage limits (forms, submissions, contacts, integrations) of your plan, described on our pricing page. Sync is not installed on your infrastructure and remains our property and that of our licensors at all times.
5. Fees, billing, and taxes
Pro/Agency plugin licenses and Sync subscriptions are billed in advance on a recurring basis (typically annual for plugin licenses, monthly or annual for Sync) through our payment processor. Prices are shown exclusive of applicable taxes unless stated otherwise; you're responsible for any taxes assessed on your purchase. Subscriptions renew automatically at the then-current price unless cancelled before the renewal date. You can cancel at any time from your account dashboard or billing portal; cancellation takes effect at the end of the current billing period.
All payments are processed by a third-party payment processor (currently transitioning to Dodo Payments as our merchant of record). We do not store your full card details on our own systems — see our Privacy Policy for details. Refunds are handled under our Refund Policy.
6. Acceptable use
You agree not to use the Services to:
- Violate any applicable law or regulation, or the rights of any third party;
- Send spam, or use a connected provider/CRM integration to distribute unsolicited communications in violation of that provider's own terms or applicable anti-spam law;
- Attempt to gain unauthorized access to the Services, other accounts, or our systems;
- Introduce malware, or interfere with the normal operation of the Services;
- Circumvent license activation limits or usage caps described in these Terms.
We may suspend or terminate accounts that violate this section — see Section 8.
7. Intellectual property
We (and our licensors) retain all right, title, and interest in and to the Services, including all software, designs, text, and trademarks, except for the limited license granted in Sections 3 and 4. You retain all rights to the content and data you submit through the Services.
8. Suspension and termination
You may stop using the Services and cancel your subscription at any time. We may suspend or terminate your access if you materially breach these Terms and don't cure the breach within a reasonable time after notice, if required by law, or to prevent harm to the Services or other users. Upon termination, your right to use the Services ends; provisions of these Terms that by their nature should survive (including Sections 7, 9, 10, and 11) will survive.
9. Disclaimer of warranties
The Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any third-party integration (email providers, CRMs, form builders, payment processors) will remain available or compatible.
10. Limitation of liability
To the maximum extent permitted by law, OtterContact and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from your use of the Services. Our total aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the amount you paid us for the Service giving rise to the claim in the twelve (12) months preceding the event giving rise to liability.
11. Governing law
These Terms are governed by the laws of India, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts located in Jaipur, Rajasthan, India.
12. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we'll update the "Last updated" date above and, where practical, notify account holders by email. Continued use of the Services after a change takes effect constitutes acceptance of the revised Terms.
13. Contact
Questions about these Terms can be sent to ello@ottercontact.com, or by mail to OtterContact, Mumbai, India.