1.1 By accepting these Terms or using the service you confirm you have authority to bind the entity you represent, and that you are of legal age and capacity to contract.
1.2 You are responsible for your account credentials and for all activity under your account. You must provide accurate registration information and keep it current.
2.1 aistrobit is a consent-based bulk-email platform. The features and limits of each plan are as described at the point of sale and in your order or subscription. We may improve or modify features from time to time; we will not materially degrade a paid plan's core function during a paid term without notice.
3.1 The following documents are incorporated into and form part of these Terms, and are contractually binding on you:
3.2 In the event of a conflict on data-protection matters, the Data Processing Agreement prevails over the body of these Terms.
4.1 You shall use the service only for lawful purposes and in compliance with the incorporated policies.
4.2 Controller status and list legality. Under the self-serve tier, you are the data controller of your subscriber lists and campaign data. You warrant that you have a valid lawful basis and, where required, the necessary consent for every address you upload and every message you send, in accordance with GDPR Art 6 / Art 7, the ePrivacy Directive / PECR reg 22, the NDPA (cited as §25/§26), and, for US-only recipients, CAN-SPAM. This allocation places the legality of your lists with you.
4.3 You are responsible for the content of your campaigns and for honouring the rights of your recipients.
5.1 Fees, billing, renewal and cancellation are governed by the Subscription / Billing Terms (Doc 8), which are incorporated by reference.
6.1 As between the parties, Dreamfo owns the platform and all related intellectual property. We grant you a non-exclusive, non-transferable, revocable licence to use the service during your subscription. You retain all rights in your own content and data.
7.1 Each party shall protect the other's confidential information and use it only to perform under these Terms, subject to legal disclosure requirements.
8.1 Suspension. We may suspend your access, immediately and without prior notice, for breach of these Terms, the Acceptable Use Policy (Doc 4), or the Anti-Spam & Consent Policy (Doc 5) — including where your complaint or bounce rate crosses the platform's automatic guardrail, or where we have reasonable grounds to believe a list was not properly consented — or where suspension is otherwise required to protect the platform, other customers, recipients, or our sending reputation. Suspension is not termination: it is reversed as soon as the cause is fixed.
8.2 Effect of suspension. Suspension stops new sends only. In-flight batches drain, and the unsubscribe endpoint (/u/) remains live so recipients can continue to opt out. A live unsubscribe path is preserved even during suspension, and your data is not otherwise affected.
8.3 Termination. Either party may terminate for convenience on 30 days' written notice. We may instead terminate immediately, without prior notice, for a serious or repeated breach of these Terms, the Acceptable Use Policy, or the Anti-Spam & Consent Policy — in particular sending prohibited content (Doc 4, clause 1) or sending without consent or a lawful basis (Doc 4, clauses 2–3) — consistent with the immediate-suspension grounds at clause 8.1 and with the equivalent termination rights in the Acceptable Use Policy (Doc 4, clause 8) and the Subscription & Billing Terms (Doc 8, clause 5).
8.4 On termination, data handling (return or deletion) is governed by the Data Processing Agreement (Doc 2, clause 9) and the retention rules in Doc 6, save that the suppression list is retained indefinitely as described in Doc 6, Part A.
9.1 We provide the service with reasonable skill and care. Except as expressly stated and to the extent permitted by law, the service is provided "as is" and we disclaim implied warranties. We do not warrant uninterrupted or error-free operation or any particular deliverability outcome.
10.1 To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, and each party's aggregate liability is capped as stated in your order or, absent a stated cap, at the fees paid in the 12 months preceding the claim.
10.2 Indemnity. You shall indemnify Dreamfo against claims, losses and penalties arising from your unlawful use of the service, including sending to lists for which you lacked a lawful basis or consent, or breach of the Acceptable Use Policy or Anti-Spam & Consent Policy. This allocates to you the risk of unlawful lists.
11.1 These Terms are governed by the laws of Nigeria, and the parties submit to the courts of Nigeria, save for any mandatory rights of consumers or mandatory forum provisions of incorporated instruments (for example the SCCs/IDTA in the DPA), and save always for the consumer-protection carve-out at clause 11.2.
11.2 Consumer-protection carve-out. Where you are acting as a consumer (rather than in a trade, business, or profession) and are ordinarily resident in the European Union, the United Kingdom, or the United States, nothing in clause 11.1 deprives you of the protection of any mandatory consumer-protection law of your country of residence, or of your right to bring proceedings in, and rely on the forum of, the courts of your country of residence where applicable law makes that forum mandatory and non-waivable. This clause 11.2 applies only to the extent, and for so long as, such mandatory rights cannot lawfully be excluded or varied by agreement; it does not otherwise limit clause 11.1, and it does not itself create consumer status where none exists (for example, business-to-business use of the service).
12.1 Using the service involves processing of personal data in Nigeria and cross-border transfer of data. The mechanisms and safeguards for such transfers are described in the Privacy Policy (Doc 1, clause 7) and the Data Processing Agreement (Doc 2, clause 11).
13.1 We may update these Terms. We will give reasonable notice of material changes; continued use after the effective date constitutes acceptance.
14.1 Your contract is with Dreamfo Technology Ltd, Nigeria, at the address and registration number stated above. Effects of termination on your data are governed by the Data Processing Agreement.