Terms of Service

These Terms of Service (“Terms”) govern your use of Openly Email, a visual email-building service offered as a free beta (“the Service”).

These Terms are between you and Dilan Xeres, ABN 71 537 119 514, trading as Openly Email.

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Openly Email lets you design emails on a canvas, apply brand styling, use optional AI features for copy and images, store projects, export HTML, and send test emails.

The Service is currently a free beta. You can start without a credit card. Features may change, be interrupted, or be withdrawn. We do not promise a particular level of availability, support, or performance during the beta.

We may modify or discontinue the beta, and we may delete beta accounts or content. We will give reasonable notice where practicable.

Paid plans may be introduced later. If we start charging, we will describe those plans before any charges apply.

You must be at least 18 years old to use the Service.

You must provide a valid email address and a password, and verify your email before signing in, unless you continue with Google. You are responsible for keeping your login details confidential and for activity on your account.

We may suspend or close an account that we reasonably believe breaches these Terms or puts the Service or other users at risk.

You retain your rights in the emails, images, brand materials, and other content you submit to the Service (“Your Content”).

You grant us a limited licence to host, process, display, and transmit Your Content solely to operate and improve the Service, for example to render the editor, store projects, compile HTML, send a test email you request, or run an AI feature you choose to use.

You are responsible for Your Content and for any emails you export or send. You must have the rights needed to use that content, including images, logos, and personal information of other people.

You are also responsible for ensuring that emails sent or exported through Openly Email comply with applicable laws, including consent, sender identification, and unsubscribe requirements under the Spam Act 2003 (Cth). You must not use Openly Email for spam, unlawful content, or rights infringement.

Openly Email includes optional AI features that can draft copy, generate or search for images, and interpret a brief. Outputs may be inaccurate, incomplete, or unsuitable for your purpose. You must review them before you use or send them.

We do not warrant that AI outputs are original, non-infringing, or fit for a particular use. You remain responsible for the final email.

When you use an AI feature, we send the prompts and related inputs needed for that request to our AI providers so they can return the result. Openly does not use your prompts or outputs to train AI models. Prompts and outputs are processed by our AI providers only to provide the feature you requested, under their own business or API terms, which may differ. We do not control, and do not promise, how they use that data.

You must not misuse the Service. That includes attempting to break security, overload the Service, access another user’s account or content, or use the Service to create or send unlawful, deceptive, or harmful emails.

You must not use AI features to generate content you are not allowed to use, or to impersonate others.

The Service depends on other providers, including Vercel (hosting), Supabase (authentication and data storage), Cloudinary (media), Resend (email delivery), Vercel AI Gateway and the AI model providers it routes to (currently OpenAI for copy and support chat by default, and Black Forest Labs for image generation by default), and, if you use those features, Pexels for stock image search and Google for sign-in or fonts.

Their own terms and privacy policies apply to what they process. We are not responsible for third-party websites or services you choose to link to from an email you create.

We may change, suspend, or discontinue any part of the Service, including during the beta, without a service-level commitment.

We may update these Terms from time to time. The “Last updated” date at the top of this page will change when we do. If a change is material and affects your rights, we will also notify you by email or an in-product notice. Continued use after an update means you accept the revised Terms, except where Australian law says otherwise.

If you are a consumer under the Australian Consumer Law, you have rights that cannot be excluded, including consumer guarantees that services will be provided with due care and skill and will be reasonably fit for the purpose made known to us.

Nothing in these Terms excludes, restricts, or modifies those rights. Where we are allowed to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.

To the extent permitted by the Australian Consumer Law and other applicable law, the Service is provided on an “as is” and “as available” basis during the free beta, and we do not give extra warranties about uninterrupted access, error-free operation, or particular results.

To the extent permitted by law, we are not liable for indirect or consequential loss. Our aggregate liability arising out of or in connection with the Service is capped at the greater of the amounts you paid us for the Service during the previous 12 months or AUD $100. Those limits do not apply to liability that cannot be limited under Australian law.

You may stop using the Service at any time. To delete your account and associated data, open Settings → Account and choose Delete account and data, or email support@openly.email. We will delete your account and associated projects and media, except information required for security, fraud prevention, legal compliance, or backups, as described in our Privacy Policy.

We may stop providing the beta or close accounts as described in these Terms. We will try to give reasonable notice where it is practical to do so.

These Terms are governed by the laws of Victoria, Australia. The courts of Victoria will have jurisdiction, subject to any rights you have under the Australian Consumer Law to bring a claim in your local jurisdiction.

Questions about these Terms can be sent to support@openly.email.