WriteToMail ("the Service") is operated by AE Software LLC, a New York limited liability company ("Company," "we," "us," or "our").
By accessing or using WriteToMail at writetomail.com, with or without an account, you ("User," "you") agree to be bound by these Terms of Service ("Terms"). Please read them carefully.
PLEASE NOTE: These Terms contain a binding arbitration agreement and class action waiver in Section 27. By agreeing to these Terms, you agree to resolve disputes through individual arbitration and waive your right to participate in a class action, subject to the opt-out procedure described in Section 27.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you agree to these Terms and our Privacy Policy, available at writetomail.com/legal/privacy-policy. These Terms apply whether you use the Service with an account or as a guest. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization. If you do not agree to these Terms, do not use the Service.
2. Description of Service
WriteToMail is a web-based platform for composing, managing, and sending physical mail — including letters, postcards, and checks — through independent third-party print and mail providers (currently including Lob and successor providers). The Service includes tools for letter and postcard composition; artificial intelligence features that generate and edit content (Section 6); contact, template, and campaign management; bulk mail sending; access to licensed third-party recipient data for prospecting (Section 7); the Hometown shared-postcard advertising program (Section 8); check mailing (Section 13); and integrations with third-party platforms including Clio practice management software.
The Service is a software platform only. We are not a postal service, common carrier, mail house, or delivery provider. Physical printing, handling, and delivery of mail are performed exclusively by independent third-party providers.
3. Eligibility
You must be at least 18 years of age and capable of forming a binding contract under applicable law. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for business and professional use; consumer use is permitted but the Service is not designed primarily for consumers.
4. Account Registration and Security
You must provide accurate, complete, and current information when creating an account and keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you.
You must notify us immediately at support@writetomail.com if you suspect unauthorized use of your account or any other security breach. We are not liable for losses caused by unauthorized use of your account that occurred before you notified us.
You may not share your account, sell access to your account, or allow third parties to use your account except through authorized integrations or seat-based subscriptions where applicable.
Guest Checkout. You may send certain mail without creating an account. Guest orders are subject to these Terms in full. When you check out as a guest, your payment card is authorized at checkout and charged only when your mail piece is accepted for processing; if the piece is rejected or fails processing, the authorization is released in full. If you later create an account with the same email address, you may claim your guest orders into that account.
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in compliance with these Terms. The following uses are strictly prohibited and constitute a material breach of these Terms.
5.1 General Prohibitions
You may not use the Service to:
- Violate any applicable federal, state, local, or international law or regulation, including but not limited to laws governing mail fraud (18 U.S.C. § 1341), mailing threatening communications (18 U.S.C. § 876), wire fraud, identity theft, or unauthorized practice of any regulated profession;
- Send unsolicited bulk mail in violation of applicable law, harassing communications, threatening communications, or any mail intended to intimidate, defraud, or deceive recipients;
- Impersonate any person or entity, misrepresent your identity, affiliation, or authority, or send mail under a false name or return address;
- Send mail containing defamatory, libelous, obscene, fraudulent, or otherwise unlawful content;
- Send mail to any individual or entity that has opted out, requested no contact, or appears on any applicable do-not-mail list maintained by you, the recipient, or a regulatory body;
- Send mail to recipients in jurisdictions sanctioned by the U.S. Office of Foreign Assets Control (OFAC) or to persons on the OFAC Specially Designated Nationals list;
- Attempt to gain unauthorized access to the Service, other users' accounts, or any related systems or networks;
- Reverse engineer, decompile, scrape, or otherwise attempt to extract the source code, structure, or non-public functionality of the Service;
- Use the Service to develop a competing product or service;
- Circumvent any rate limits, usage restrictions, bot-detection measures, or access controls imposed by the Service or its providers;
- Violate the terms of any third-party service providers integrated with the Service, including Lob, Stripe, Clio, Google, Melissa, Telnyx, and any successor providers.
Additional restrictions apply to AI Features (Section 6) and Prospect Data (Section 7).
5.2 Prohibited Mail Content
You may not use the Service to send mail that:
- Contains threats of violence, harassment, stalking, or intimidation;
- Constitutes mail fraud, identity theft, phishing, or any scheme to defraud;
- Falsely purports to originate from a government agency, court, law enforcement, regulatory body, or bona fide creditor;
- Contains forged, fraudulent, or unauthorized legal documents, including fake demand letters, fake court filings, or fake cease-and-desist notices;
- Promotes or facilitates illegal goods or services;
- Contains sexually explicit material, child sexual abuse material, or content that sexualizes minors;
- Targets minors with marketing or commercial solicitations without verifiable parental consent;
- Contains material that infringes any copyright, trademark, trade secret, or other intellectual property right;
- Contains protected health information ("PHI") under HIPAA unless you have executed a Business Associate Agreement with us in writing prior to sending such mail (no such agreement is in place by default);
- Constitutes unsolicited political mail in violation of applicable Federal Election Commission rules or state campaign finance laws.
5.3 Industry-Specific Compliance
You are solely responsible for compliance with all laws and professional rules applicable to your industry, including without limitation:
Legal Practice. If you are a law firm, attorney, or legal professional, you represent that mail sent through the Service complies with the rules of professional conduct in every jurisdiction where the recipient is located, including ABA Model Rule 7.3 and any state-specific equivalents governing solicitation of clients, mandatory waiting periods following accidents or incidents (including but not limited to 30-day waiting periods imposed by certain states), required disclaimers, advertising labels, and bar filing or pre-approval requirements. You acknowledge that we do not review mail content for compliance with rules of professional conduct and that all such compliance is your exclusive responsibility.
Debt Collection. If you are a debt collector or are sending mail to collect a debt, you represent that all mail complies with the Fair Debt Collection Practices Act (FDCPA), Regulation F, and all applicable state debt collection laws, including required disclosures, validation notices, and prohibitions on contacting consumers who have requested cessation of communications.
Political and Election Mail. Political mail must comply with all applicable federal, state, and local election laws, including disclaimer requirements, contribution disclosures, and electioneering communication rules.
Healthcare. Healthcare providers and their business associates must comply with HIPAA, HITECH, and applicable state health information laws. The Service is not HIPAA-compliant by default, and we do not offer Business Associate Agreements at this time.
Financial Services. Financial institutions and their service providers must comply with applicable laws including the Gramm-Leach-Bliley Act, Truth in Lending Act, and equivalent state laws.
5.4 Recipient Consent and Suppression
You represent and warrant that you have a lawful basis to send mail to each recipient. You are solely responsible for maintaining suppression lists, honoring opt-out requests, and scrubbing your recipient lists against any applicable do-not-contact registries or court-ordered no-contact lists. You agree to honor opt-out requests within ten (10) business days of receipt and to permanently suppress those recipients from future mailings sent through the Service. For Hometown Program mailings, we maintain the program suppression list as described in Section 8.
5.5 No Practice of Law
The Service is a software tool. We do not provide legal advice, and nothing in the Service constitutes legal advice or the practice of law. Templates, sample content, and AI-generated suggestions are provided for informational purposes only and do not substitute for advice from a licensed attorney.
6. Artificial Intelligence Features
The Service includes optional features powered by artificial intelligence ("AI Features"). This Section governs your use of AI Features in addition to the rest of these Terms.
6.1 What the AI Features Do
AI Features currently include, and may in the future include other features such as:
- Generating and editing letter content from your prompts and instructions;
- Classifying your request to suggest a mail format;
- Mapping columns and parsing recipient addresses when you import spreadsheets for bulk sending;
- Generating and editing postcard designs and images;
- Per-recipient personalization workflows that generate individualized text or images for each recipient in a bulk send, including imagery derived from Google Street View or satellite photography of a recipient's address.
6.2 How Your Content Is Processed
AI Features are powered by third-party artificial intelligence providers, currently Google (Gemini models). When you use an AI Feature, the inputs needed for that feature are transmitted to and processed by the provider. Depending on the feature, those inputs may include your prompts and instructions; the content of your letter or postcard; sender and recipient names; recipient mailing addresses, including batches of addresses during bulk import; sample rows from spreadsheets you upload; and images you upload or that the feature retrieves, such as Street View imagery of a recipient address. Do not use AI Features if you do not want this information processed by our AI providers. Our Privacy Policy describes this processing in more detail.
6.3 Output Review and Responsibility
Artificial intelligence output may be inaccurate, incomplete, outdated, biased, or offensive, and may not be suitable for your purpose. You must review and approve all content, including AI-generated content, before sending it. You — not the Company and not the AI provider — are solely responsible for all content you send through the Service, regardless of whether it was generated with AI assistance. Physical mail cannot be recalled once it has been produced and entered into the postal stream.
6.4 Per-Recipient Workflow Authorization
Certain AI Features generate individualized content for each recipient in a bulk send based on a template, prompt, or workflow that you configure — for example, per-recipient text personalization or AI-edited imagery of each recipient's address. By starting such a send, you authorize the Service to generate and mail a separate piece for each recipient without your individual review of each generated piece, and you accept full responsibility for every piece produced and mailed under your workflow as if you had reviewed and approved each one individually. We strongly encourage you to use previews and small test batches before starting large sends.
6.5 Output Ownership
As between you and us, and to the extent permitted by applicable law, we assign to you all of our right, title, and interest in AI-generated output delivered to you through the Service, subject to your compliance with these Terms. You acknowledge that AI models may produce the same or similar output for other users, that AI-generated output may not be protectable by copyright or other intellectual property rights, and that we make no representation or warranty regarding your ability to claim such rights in AI-generated output.
6.6 No Professional Advice
AI Features do not provide legal, medical, financial, tax, accounting, or other professional advice. AI-generated content, including content that resembles a legal document, is informational only and is not a substitute for advice from a licensed professional (see also Section 5.5).
6.7 Prohibited AI Uses
In addition to Section 5, you may not use AI Features to:
- Generate content that violates Section 5, including deceptive, fraudulent, harassing, or infringing mail;
- Misrepresent AI-generated communications as individually human-authored where the law requires disclosure, or otherwise violate any law requiring disclosure of the use of artificial intelligence;
- Impersonate any real person or entity without authorization;
- Generate child sexual abuse material or any content that sexualizes minors;
- Attempt to circumvent safety filters, extract model weights or training data, or probe or test the AI systems except as authorized by us in writing;
- Violate the acceptable-use policies of our AI providers, including the Google Generative AI Prohibited Use Policy;
- Make consequential decisions about individuals — including decisions affecting a person's access to credit, insurance, employment, housing, education, healthcare, or legal rights — using AI Features as a substantial factor. The AI Features are not designed, intended, or offered for such high-risk uses.
You are solely responsible for compliance with laws governing AI-generated communications that apply to you, including any obligation to disclose the use of artificial intelligence to recipients of your mail.
6.8 Availability, Rate Limits, and Beta Features
AI Features depend on third-party providers and may be rate-limited, modified, suspended, or discontinued at any time without notice. Features identified as beta, preview, or experimental are provided strictly as-is, may change or be removed without notice, and should not be relied upon for critical mailings.
6.9 AI Training
We do not use your User Content to train artificial intelligence models of our own. Content submitted to AI Features is processed by our AI providers to deliver the requested output, and that processing is governed by the providers' terms; we do not grant our AI providers any rights in your content beyond what is necessary to provide the feature to you.
6.10 Third-Party Imagery
Certain features incorporate mapping and imagery services provided by Google, including Street View and satellite imagery of recipient addresses. Such imagery is provided by Google, remains subject to Google's terms, and may be outdated, inaccurate, or unavailable for a given address. We do not guarantee the availability, quality, or suitability of third-party imagery.
7. Prospect Data and Purchased Audiences
The Service allows you to select and mail to audiences derived from licensed third-party data — such as consumers, businesses, new movers, and new homeowners within a geographic area you define ("Prospect Data"). Prospect Data is currently sourced from Melissa Data and successor suppliers.
License and Restrictions. Prospect Data is licensed, not sold, to you for a single purpose: producing and sending the specific mail pieces you order through the Service. You may not export, download, copy, resell, sublicense, publish, or disclose Prospect Data; retain or reconstruct it for use outside the Service, including by compiling recipient details from your order history or exports; use it to build, append, verify, or enhance any list, directory, or database; or contact Prospect Data recipients through any channel other than the mail piece ordered through the Service.
Estimates; No Accuracy Warranty. Audience counts, previews, and demographic attributes are estimates provided by our data suppliers. We do not warrant the accuracy, currency, completeness, or deliverability of Prospect Data, and no refund is due for pieces mailed to records that prove inaccurate, outdated, or undeliverable.
No FCRA Use. We are not a consumer reporting agency, and Prospect Data is not a "consumer report" within the meaning of the Fair Credit Reporting Act (FCRA). You may not use Prospect Data, in whole or in part, to determine any person's eligibility for credit, insurance, employment, housing, government benefits, or for any other purpose covered by the FCRA.
Your Compliance. You remain solely responsible for ensuring that mailings to Prospect Data recipients comply with applicable law and with Section 5, including the industry-specific rules in Section 5.3.
8. Hometown Program
Hometown is a shared-postcard advertising program in which participating businesses ("Advertisers") purchase advertising placements on postcards that we design, produce, and mail to new homeowners in a selected county. Hometown requires an active Business plan subscription. The additional terms in this Section apply to Advertisers.
Placements and Category Exclusivity. Ad placements are subject to availability. Category exclusivity — one Advertiser per business category per county — is offered as described in the Service at the time of purchase; we may define, merge, or adjust business categories in our reasonable discretion.
Program Fees. Hometown requires a one-time activation package (currently $500, credited to your account as mailing credits) and is billed per recipient per placement at the rates shown in the Service at the time of activation. You must set a monthly budget cap at or above the program minimum shown in the Service. We will not charge you beyond your cap for Hometown placements in a given month; mail volume in any month depends on new-homeowner activity in your county and is not guaranteed.
Mandatory Auto-Recharge. By activating Hometown, you authorize us to automatically charge your saved payment method, without further action by you, for the recharge amount and at the low-balance threshold displayed at activation (currently a $500 recharge when your credit balance falls below the displayed threshold), on a recurring basis until you cancel Hometown. Auto-recharge cannot be disabled while Hometown is active. If an automatic charge fails, we may pause your participation until payment succeeds.
No Guarantees. We do not guarantee any number of recipients, mail pieces, impressions, calls, text messages, leads, responses, or business outcomes from Hometown.
Recipient Data and Opt-Outs. Hometown recipients are identified from licensed third-party data. Recipient lists are not provided to Advertisers, and Advertisers acquire no rights in recipient data. Recipients may request exclusion from future Hometown mailings by contacting support@writetomail.com, and we maintain a program suppression list for that purpose.
Tracked Phone Numbers. Hometown placements may include a tracked phone number provisioned by us through a third-party telephony provider (currently Telnyx). Tracked numbers remain our property. Calls to a tracked number are forwarded to the destination number you designate and call metadata is logged; text messages sent to a tracked number are relayed to you and stored by the Service, and your replies are relayed back through the tracked number. By using a tracked number, you consent to this forwarding, relay, logging, and storage, and you are solely responsible for any notices to callers and any consents required under applicable law, including call-recording and telemarketing laws, in connection with your use of the number. Tracked numbers do not support 911 or emergency calling and must never be published or used as an emergency contact number. Tracked numbers are reclaimed when your participation ends and may be reassigned after a cooldown period.
Cancellation. You may cancel Hometown at any time through the Service or by contacting support@writetomail.com. Cancellation stops future Hometown charges once processed; placements already committed to a mailing in production may still be mailed and charged. Your remaining credit balance stays in your account, and unused purchased credits are refundable as described in Section 11.
9. Right to Refuse and Content Review
We reserve the right, in our sole discretion and without notice, to:
- Refuse, suspend, or cancel any mail order for any reason or no reason, including suspected violation of these Terms or applicable law;
- Inspect, review, or moderate any mail content submitted to the Service, including through automated and manual review systems, although we have no obligation to do so;
- Hold, delay, or return mail that we reasonably believe may violate these Terms, applicable law, or the policies of our third-party providers;
- Report suspected violations of law to law enforcement, regulatory bodies, or affected third parties;
- Disclose user information and mail content as required by valid legal process or as we believe reasonably necessary to protect our rights, the rights of users, or the public.
If we refuse or cancel mail under this Section, fees already incurred for processing or postage may be non-refundable in our reasonable discretion. We are not liable for any consequences of refusing, delaying, or returning mail in good faith under this Section.
10. Fees, Payment, and Taxes
Access to certain features requires a paid subscription (Section 12), prepaid credits (Section 11), or per-piece postage and handling fees. Fees and pricing are described on our pricing page and in the Service and may be updated from time to time with reasonable advance notice.
All payments are processed through Stripe. By providing payment information, you agree to Stripe's terms of service and authorize us to charge your designated payment method for all fees incurred, including recurring subscription charges and automatic recharges you have authorized.
Per-piece postage and handling fees are charged as mail is sent and are non-refundable once a mail piece has been submitted to the third-party provider for production, except as provided in Section 14.6.
Taxes. Our fees are exclusive of taxes. You are responsible for all applicable sales, use, excise, and similar taxes arising from your purchases, other than taxes on our net income. Where we are required to collect taxes, they will be added to your charges.
Failed Payments. If a payment fails, we may suspend the Service until payment is received. You are responsible for all amounts owed, including any collection costs and reasonable attorneys' fees we incur in collecting overdue amounts.
Payment Disputes. If you dispute a charge with your card issuer, we may suspend sending from your account while the dispute is open. Please contact us first at support@writetomail.com — most billing issues can be resolved directly, including through the refund rights in Section 11.
11. Credits and Prepaid Balance
11.1 Credits
Certain features are paid for with prepaid credits that you purchase and that are deducted as you use the Service. Credits are a prepayment for Service fees. Credits have no cash value except as expressly stated in this Section, are not transferable, may not be resold, and do not accrue interest. Per-piece rates and credit pricing may change prospectively; changes do not affect credits you have already purchased. Purchased credits do not expire while your account remains open and in good standing.
11.2 Refunds of Unused Purchased Credits
Unused credits that you purchased — including the Hometown activation package and auto-recharge top-ups — are refundable at your request. To request a refund, email support@writetomail.com from your account email address. We will refund your unused purchased credit balance to your original payment method, normally within ten (10) business days. Credits granted promotionally, as bonuses, or as courtesy adjustments have no cash value and are not refundable. Refunds are not available for credits already spent or reserved for pending orders, and we may withhold refunds in cases of suspected fraud or abuse while we investigate.
11.3 Auto-Recharge
If you enable auto-recharge, you authorize us to automatically charge your saved payment method for the recharge amount you configure whenever your credit balance falls below the threshold you configure, without further action by you, on a recurring basis until you disable auto-recharge or your account is closed. You can change or disable auto-recharge at any time in your billing settings, except while Hometown is active (Section 8). If an automatic recharge fails, sending may be suspended until your payment method is updated and payment succeeds.
11.4 Negative Balances and Metered Billing
We may, in our discretion, allow your balance to go negative up to a credit limit, or bill approved organizations for usage on metered post-pay terms. Any negative balance and any unbilled metered usage are amounts you owe us and are immediately due upon demand or account closure.
12. Subscriptions and Automatic Renewal
Paid subscription plans (currently the Business plan) automatically renew for successive monthly periods, and your payment method will be charged the then-current subscription fee at the start of each period, until you cancel. You may cancel at any time through the billing portal in your account settings or by emailing support@writetomail.com. Cancellation takes effect at the end of the current billing period, and you retain plan access until then. Except where required by law or expressly provided in these Terms, we do not provide prorated refunds for partial subscription periods. We will provide at least thirty (30) days' notice before a subscription price increase takes effect at your next renewal. Canceling a subscription does not by itself close your account or forfeit your credit balance (Section 11).
13. Check Mailing
The Service allows you to print and mail physical checks drawn on your own bank account.
- Your account, your funds. You link your bank account by providing routing and account numbers, which are transmitted to our mail provider and verified by micro-deposits. Checks sent through the Service are drawn on your bank account and presented against it when deposited by the payee. We and our providers act solely as your agent in formatting, printing, and mailing checks at your direction. We are not a bank, money transmitter, or money services business, and we never hold, receive, or transmit your funds.
- Your responsibilities. You are solely responsible for the accuracy of payee, amount, and memo information; for maintaining sufficient funds; for any overdraft, non-sufficient-funds, or bank fees; and for monitoring your bank account for fraud or unauthorized checks. Stop-payment requests must be made through your bank; canceling a check order in the Service does not stop payment on a check that has already been mailed.
- Fees and disputes. A check service fee applies per check as shown in the Service. We are not responsible for a payee's failure to receive, endorse, or deposit a check, or for any dispute between you and a payee.
14. Mail Delivery, Returns, and Undeliverable Mail
14.1 Third-Party Delivery
Mail is printed, processed, and delivered by independent third-party providers, currently including Lob. We do not guarantee specific delivery times, delivery outcomes, scan accuracy, tracking accuracy, or delivery confirmation. You acknowledge that delivery scans and status updates from third-party providers may be inaccurate, delayed, or incorrect.
14.2 Address Accuracy
You are solely responsible for ensuring that all recipient addresses are accurate, current, and deliverable. We may, but are not obligated to, perform address validation or correction. Address correction fees, return fees, forwarding fees, and any additional postage costs imposed by the U.S. Postal Service or third-party providers are your responsibility and will be passed through to your account.
14.3 Returned and Undeliverable Mail
We are not responsible for mail that is returned, lost, damaged, delayed, or rendered undeliverable for any reason, including but not limited to: incorrect addresses, recipient refusal, postal service errors, third-party provider errors, weather, natural disasters, labor disputes, or force majeure events.
14.4 Postage and Mail Handling Fees
Postage rates and mail handling fees are set by third-party providers and the U.S. Postal Service and are subject to change without notice. We will pass through all such charges to your account.
14.5 No Guarantee of Outcome
You acknowledge that we make no representation or warranty regarding the response rate, conversion rate, business outcome, or legal effect of any mail sent through the Service.
14.6 Order Cancellation
You may cancel a mail order only until it is submitted to the third-party provider for production. After submission, cancellation is available only within the provider's own cancellation window (typically a few hours), which we do not control and cannot guarantee. If a cancellation succeeds, the credits or fees for that piece are returned to your account. If a piece fails processing and cannot be sent, we will refund the associated credits or, for guest orders, release the payment authorization.
15. Content Ownership and License
You retain ownership of the content you create or upload using the Service ("User Content"). Ownership of AI-generated output is addressed in Section 6.5.
By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, and process that User Content solely for the purpose of providing, maintaining, and improving the Service. Improving the Service does not include using your User Content to train artificial intelligence models (Section 6.9). This license terminates when you delete the User Content from your account, except to the extent we are required to retain it for legal, regulatory, or legitimate business purposes (such as fraud investigation, dispute resolution, or compliance with subpoenas).
You represent and warrant that you own or have all necessary rights, licenses, and consents to submit User Content to the Service and to authorize the transmission of that User Content to recipients.
We do not claim ownership of your letters, templates, or contact data.
16. Data and Privacy
Your use of the Service is subject to our Privacy Policy, available at writetomail.com/legal/privacy-policy, which is incorporated into these Terms by reference. The Privacy Policy describes how your information is processed by our service providers, including our AI providers (Section 6.2) and the telephony provider that relays and stores tracked-number messages (Section 8).
You are responsible for ensuring that your collection, use, and transmission of recipient data complies with all applicable privacy laws, including the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the EU General Data Protection Regulation (GDPR) where applicable, and any analogous state or international laws.
17. Intellectual Property
The WriteToMail platform, including its software, design, trademarks, logos, content, and documentation (excluding User Content), is owned by AE Software LLC or its licensors and is protected by U.S. and international intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.
You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of the Service. All rights not expressly granted are reserved.
Feedback. If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without restriction or compensation, and we have no obligation to keep it confidential.
18. DMCA and Copyright Infringement
We respect the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, please send a written notice to our designated DMCA agent that includes the information required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact information;
- A statement of good-faith belief that the use is not authorized;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
DMCA Agent: AE Software LLC, Attn: DMCA Agent, support@writetomail.com
We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act. We may terminate accounts of users who are determined to be repeat infringers.
19. Third-Party Services
The Service integrates with and relies on third-party services, including Lob (printing and mail delivery), Stripe (payments), Clio (practice management), Google (artificial intelligence models, maps, imagery, and address services), Melissa (licensed recipient data), Telnyx (telephony), and others. Your use of features powered by those services is subject to their respective terms and policies — including, where applicable, the Google Maps Platform Terms of Service and the Google Generative AI Prohibited Use Policy — and you agree to comply with them. We are not responsible for the acts, omissions, errors, outages, or policies of any third-party service provider, and your sole recourse for issues caused by a third-party provider is against that provider.
20. Representations and Warranties by User
You represent and warrant that, with respect to each piece of mail you send through the Service:
- You have the legal right and authority to send the mail to the intended recipient;
- The content of the mail is accurate, truthful, and not misleading;
- You have reviewed and approved the content of the mail or, for per-recipient AI workflows, you configured and authorized the workflow that produced it (Section 6.4);
- If the mail uses Prospect Data, your use complies with Section 7;
- The mail does not violate any applicable law, regulation, or rule of professional conduct;
- The mail does not infringe the rights of any third party;
- All information you have provided to us, including identity information, payment information, and address data, is accurate and current;
- You will comply with all applicable industry-specific compliance obligations described in Section 5.3.
21. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT MAIL WILL BE DELIVERED TIMELY, ACCURATELY, OR AT ALL.
WITHOUT LIMITING THE FOREGOING, AI FEATURES, AI-GENERATED OUTPUT, PROSPECT DATA, AND ANY FEATURE IDENTIFIED AS BETA, PREVIEW, OR EXPERIMENTAL ARE PROVIDED STRICTLY AS IS, AND WE MAKE NO WARRANTY THAT AI-GENERATED OUTPUT WILL BE ACCURATE, RELIABLE, ORIGINAL, NON-INFRINGING, OR FIT FOR YOUR PURPOSE.
NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AE SOFTWARE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR REPUTATIONAL HARM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) FIVE HUNDRED U.S. DOLLARS ($500) OR (B) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Carve-Outs. The limitations in this Section do not apply to: (i) your indemnification obligations under Section 23; (ii) your breach of Sections 5 (Acceptable Use), 6.7 (Prohibited AI Uses), 7 (Prospect Data), 15 (Content Ownership), or 17 (Intellectual Property); (iii) your payment obligations, including negative balances and metered usage under Section 11; or (iv) liability that cannot be limited under applicable law.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in part or in full.
23. Indemnification
You agree to indemnify, defend, and hold harmless AE Software LLC and its members, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with:
- Your use of or access to the Service;
- Your User Content or any mail sent through the Service, including content generated with AI Features that you send or authorize to be sent under a per-recipient workflow;
- Your use or misuse of Prospect Data;
- Your Hometown advertisements and your use of tracked phone numbers, including any claim by a caller or message sender;
- Checks sent through the Service at your direction;
- Your violation of these Terms or any applicable law or regulation;
- Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights;
- Any claim by a recipient of mail sent through your account;
- Your violation of industry-specific rules described in Section 5.3, including bar association rules, FDCPA, HIPAA, or election laws.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate fully with our defense. You may not settle any claim subject to indemnification without our prior written consent.
24. Suspension and Termination
We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including without limitation: (a) violation of these Terms; (b) suspected fraudulent, illegal, or harmful activity; (c) extended periods of inactivity; (d) requests by law enforcement or other government agencies; (e) discontinuation or material modification of the Service; or (f) unexpected technical or security issues.
You may cancel your subscription at any time through your account settings and may close your account by emailing support@writetomail.com. Refunds of unused purchased credits are available as described in Section 11.
Effects of Termination. Upon termination of your account:
- Your right to use the Service ceases immediately;
- Any mail not yet submitted to a third-party provider may be canceled at our discretion;
- Mail already submitted to a third-party provider for production will generally proceed to delivery and remains your financial responsibility;
- Outstanding fees, negative balances, and unbilled metered usage become immediately due and payable;
- We may delete your account data, User Content, and mail history at any time after termination. We do not provide data export upon termination. You are solely responsible for retaining any records you wish to keep prior to termination.
Sections 6.5, 6.9, 7, 11, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 26, 27, 28, and 30 survive termination of these Terms.
25. Force Majeure
We are not liable for any failure or delay in performance of the Service caused by circumstances beyond our reasonable control, including without limitation acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, labor disputes, postal service disruptions, internet or telecommunications failures, third-party service provider outages, cyberattacks, or supply chain disruptions.
26. Governing Law and Venue
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 27. Subject to the arbitration provisions in Section 27, any disputes that are not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.
27. Dispute Resolution: Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
27.1 Informal Dispute Resolution First
Before initiating arbitration or any court proceeding, you and we each agree to first attempt to resolve any Dispute (defined below) informally. The party raising the Dispute must send the other an individualized written notice — to us, by email to support@writetomail.com with the subject line "Dispute Notice"; to you, at the email address associated with your account — describing the Dispute and the relief sought. For sixty (60) days after the notice is received, the parties will attempt in good faith to resolve the Dispute, including by telephone or video conference if either party requests one. Any applicable statute of limitations is tolled during this period. Completion of this process is a condition precedent to initiating arbitration or litigation, and a proceeding filed without completing it shall be dismissed or stayed pending compliance.
27.2 Agreement to Arbitrate
Except as provided below, you and AE Software LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved exclusively through final and binding arbitration, rather than in court. These Terms affect interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section 27.
27.3 Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or, if you are an individual using the Service primarily for personal, family, or household purposes, its Consumer Arbitration Rules, in each case as in effect at the time the arbitration is commenced. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be New York, New York, and the arbitration may be conducted in person, by document submission, by telephone, or by video conference as the applicable rules and the parties allow. Arbitration fees and costs will be allocated as provided by the applicable AAA rules. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
27.4 Class Action Waiver
YOU AND AE SOFTWARE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
27.5 Coordinated Filings
If twenty-five (25) or more arbitration demands raising similar claims are filed against either party by or with the assistance of the same or coordinated counsel or organizations, the demands will be resolved in staged proceedings: each side will select up to ten (10) demands to proceed first as bellwether arbitrations, while the remaining demands are held in abeyance — with filing fees deferred and applicable limitations periods tolled — until the bellwether arbitrations conclude, followed by a good-faith global mediation before any remaining demands may proceed. A court of competent jurisdiction may enforce this subsection.
27.6 Exceptions
The following Disputes are not subject to arbitration: (a) claims for injunctive or equitable relief to protect intellectual property rights; (b) small claims court actions where eligible; (c) claims that cannot be arbitrated as a matter of law.
27.7 30-Day Right to Opt Out
You may opt out of this arbitration agreement by sending written notice of your decision to opt out to support@writetomail.com, with the subject line "Arbitration Opt-Out," within thirty (30) days after first becoming subject to this arbitration agreement. The notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
27.8 Severability
If the class action waiver in Section 27.4 is found to be unenforceable, then the entirety of this Section 27 — other than Section 27.1 — is null and void, but the remainder of these Terms will remain in effect.
28. Changes to Terms
We may update these Terms from time to time. For material changes, we will notify you by email to the address associated with your account or by displaying a prominent notice in the Service at least fourteen (14) days before the changes take effect. Non-material changes are effective when posted. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of those Terms. If you do not agree to the updated Terms, you must stop using the Service and may cancel your account.
29. Electronic Communications
You consent to receive all notices, disclosures, agreements, receipts, and other communications relating to the Service electronically, by email to the address associated with your account or by posting in the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Keep your account email address current. You may request paper copies of legal records, or withdraw this consent, by contacting support@writetomail.com; because the Service is provided electronically, withdrawing consent may require closing your account.
30. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and AE Software LLC regarding the Service and supersede any prior agreements.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
Assignment. You may not assign or transfer these Terms or your account, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law without notice to you.
Relationship of Parties. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and us.
Notices to You. We may provide notices to you by email to the address associated with your account, by posting in the Service, or by any other reasonable method.
Notices to Us. Legal notices to us must be sent by email to support@writetomail.com with the subject line "Legal Notice."
Headings. Section headings are for convenience only and have no legal effect.
California Users. Under California Civil Code § 1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Export Controls. You may not use, export, or re-export the Service in violation of U.S. export control or sanctions laws, including the Export Administration Regulations and OFAC sanctions programs.
U.S. Government Users. The Service is "commercial computer software" as defined in 48 C.F.R. § 2.101. Government use is subject to these Terms.
31. Contact Information
If you have questions about these Terms, please contact us at:
AE Software LLC
By using WriteToMail, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.