Terms of Service

1. Acceptance of terms

By using the Site or the Service, you agree to these Terms and our Privacy Policy. If you don’t agree, don’t use them.

2. Use of the Site

You agree to use the Site only for lawful purposes. You may not:

• Use the Site in any way that could damage, disable, or impair it.
• Try to gain unauthorized access to any part of the Site, the Service, or related systems.
• Use any automated system, including bots or spiders, to access the Site without our written permission.

3. Plans, trials, and billing

• Free trial. The trial lasts 7 days or until you’ve sent 1,000 emails, whichever comes first. No card is required. Texts are not included in the trial.
• Subscriptions. Paid plans are billed monthly or yearly in advance through Stripe and renew automatically until you cancel. Each plan includes a monthly sending allowance.
• Send packs. Send packs add sends for one month and don’t roll over.
• Changes and canceling. You can change plans (prorated) or cancel from your dashboard at any time.
• Your data. You can export your contacts at any time.

4. Acceptable use

When you use Hollerpost to message your own subscribers, you agree that you will:

• Only message people who have given you prior express consent, and keep records of that consent.
• Follow all applicable messaging laws and rules, including the TCPA, the CAN-SPAM Act, and the CTIA Messaging Principles.
• Include your identity and a working unsubscribe option in every message, and never message someone who has opted out. Hollerpost enforces a suppression list for bounces, complaints, and STOP requests, and you agree not to get around it.
• Never send content that is illegal, deceptive, or prohibited by carriers (including SHAFT content: sex, hate, alcohol, firearms, and tobacco).

We may hold a campaign for review, and we may suspend or end your access immediately for violations of this section.

5. Intellectual property

All content on the Site, including text, graphics, logos, and their arrangement, belongs to Utopian Creations LLC or its content suppliers and is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute it without our written permission. The content you create and the contacts you upload stay yours.

6. Disclaimers

THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UTOPIAN CREATIONS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THEM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK.

7. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UTOPIAN CREATIONS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICE.

8. Indemnification

You agree to indemnify, defend, and hold harmless Utopian Creations LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or connected with your use of the Site or Service or the messages you send through it.

9. Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be brought in the federal or state courts located in the San Francisco Bay Area.

10. Changes to these terms

We may change or replace these Terms at any time. When we do, we’ll post the new Terms here and update the date at the top.

11. Contact us

Questions about these Terms? Email support@hollerpost.com.

Hollerpost is a service of Utopian Creations LLC.