Terms of Service

This Terms of Service Agreement ("Agreement") is entered into by and between SpamFoo.com ("SpamFoo"), and the customer identified on the applicable online order form ("Customer").

By registering for or using the Service, Customer agrees to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "Customer" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms, you must not accept this Agreement and may not use the Service.

1. Definitions

"Agreement" means this Terms of Service Agreement, including all exhibits, schedules, and amendments.

"Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials.

"Customer" means the entity or individual that has registered for the Service and agreed to this Agreement.

"Customer Data" means all electronic data, information, or Content submitted by Customer to the Service, including email metadata, configuration settings, policy rules, and feedback corrections.

"Documentation" means SpamFoo's technical documentation, user guides, API references, and other materials describing the features and functionality of the Service.

"Effective Date" means the date Customer first accepts this Agreement or begins using the Service, whichever occurs first.

"Initial Term" means the initial subscription period selected by Customer during registration or as specified in an Online Order Form.

"Intellectual Property Rights" means all patent rights, copyrights, trademark rights, trade secret rights, and any other intellectual property rights recognized in any jurisdiction worldwide.

"License Administrator(s)" means the individual(s) designated by Customer to manage Customer's account and configure the Service.

"License Term(s)" means the Initial Term and any Renewal Terms.

"SpamFoo Client" (formerly "Local Decision Engine" or "LDE") means the software component provided by SpamFoo for deployment on Customer's infrastructure to perform local email classification and processing.

"Online Order Form(s)" means the ordering document(s) completed by Customer specifying the Service subscription details, pricing, and License Terms.

"SpamFoo Online Services" means SpamFoo's cloud-based storage of email classification models and enrichment services.

"Renewal Term" means each successive subscription period following the Initial Term.

"Sanitize" or "Sanitized" means processing data to remove or transform personal and identifying information before it leaves Customer's infrastructure. Depending on the data flow, sanitization may include cryptographic hashing of email addresses, conversion of message content into mathematical representations (embeddings) designed such that the original content cannot be reasonably reconstructed, or, where an end user has consented to share message content, automated removal of personally identifiable information from that content. Sanitization of consented message content is performed using commercially reasonable automated techniques, and SpamFoo does not warrant that Sanitized data contains no residual personal information.

"Service(s)" means SpamFoo's email classification platform, including the SpamFoo Online Services, SpamFoo Client, web portal, APIs, and related services made available by SpamFoo.

"SpamFoo Technology" means all software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information made available to Customer by SpamFoo in providing the Service.

"User(s)" means individuals authorized by Customer to use the Service on Customer's behalf.

2. Agreement Overview

This Agreement governs Customer's access to and use of the Service. The Service is provided solely for Customer's internal business purposes. Customer may not use the Service to provide services to third parties or allow third parties to access the Service except as expressly permitted herein, or as permitted under a separate Partner agreement.

This Agreement consists of this document, any Online Order Forms executed by the parties, and the Documentation. In the event of any conflict between these documents, the order of precedence shall be: (a) Online Order Forms, (b) this document, and (c) the Documentation.

3. Privacy Disclosure

SpamFoo's collection and use of personal information in connection with the Service is described in SpamFoo's Privacy Policy, available at /privacy. Customer acknowledges that Customer has read and understood the Privacy Policy. SpamFoo may update the Privacy Policy from time to time, and Customer's continued use of the Service following such updates constitutes acceptance of the updated Privacy Policy. Material changes to the Privacy Policy that materially reduce Customer’s privacy protections will be communicated in advance.

Customer is responsible for providing any required notices to, and obtaining any required consents from, Users and other individuals whose personal information may be processed through Customer's use of the Service.

4. Confidential Information

For purposes of this Agreement, “Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether in written, electronic, oral, visual, or other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Confidential Information includes, without limitation:

1. Customer Data;
2. business plans, financial information, pricing, product roadmaps, and marketing strategies;
3. technical information, software, source code, system architecture, security practices, algorithms, models, and know-how;
4. account credentials, API keys, authentication information, and security-related information; and
5. the terms of any Online Order Form or other non-public commercial terms between the parties.

Confidential Information does not include information that the Receiving Party can demonstrate:

1. Was publicly available at the time of disclosure or becomes publicly available through no breach of this Agreement;
2. Was already lawfully known by the Receiving Party without restriction prior to disclosure;
3. Is lawfully received from a third party without breach of any confidentiality obligation; or
4. Is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.

Protection of Confidential Information

The Receiving Party shall:

1. Use the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care;
2. Use Confidential Information solely for the purpose of performing its obligations or exercising its rights under this Agreement; and
3. Not disclose Confidential Information to any third party except to its employees, contractors, advisors, auditors, or service providers who have a legitimate need to know such information and who are bound by confidentiality obligations at least as protective as those contained herein.

Compelled Disclosure

The Receiving Party may disclose Confidential Information to the extent required by law, regulation, court order, or governmental authority, provided that, unless legally prohibited, the Receiving Party gives the Disclosing Party prompt notice of such requirement and reasonably cooperates with the Disclosing Party’s efforts to seek confidential treatment, a protective order, or other appropriate remedy.

Return or Destruction

Upon termination of this Agreement or upon written request of the Disclosing Party, the Receiving Party shall promptly return or securely destroy the Disclosing Party’s Confidential Information in its possession or control, except to the extent retention is required by applicable law, regulatory obligations, routine backup procedures, or legitimate business recordkeeping requirements. Any retained Confidential Information shall remain subject to the confidentiality obligations of this Agreement.

Injunctive Relief

The parties acknowledge that unauthorized disclosure or use of Confidential Information may cause irreparable harm for which monetary damages alone may be an inadequate remedy. Accordingly, either party may seek equitable or injunctive relief in addition to any other remedies available at law or in equity.

5. License Grant and Restrictions

Subject to the terms and conditions of this Agreement and payment of all applicable fees, SpamFoo grants Customer a non-transferable, non-sublicensable, limited, non-exclusive right to access and use the Service during the License Term solely for Customer's internal business purposes in accordance with the Documentation.

Except as permitted under a separate Partner agreement, Customer will not, directly or indirectly: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Service or any software, documentation, or data related to the Service; (b) modify, translate, or create derivative works based on the Service or any software related to the Service; (c) use the Service for timesharing or service bureau purposes or otherwise for the benefit of third parties; (d) remove any proprietary notices or labels from the Service or any software related to the Service; (e) use the Service to build a competitive product or service, or copy any features, functions, or graphics of the Service; (f) use the Service in violation of any applicable law or regulation; (g) use the Service to transmit any malicious code, viruses, or harmful data; (h) interfere with or disrupt the integrity or performance of the Service; (i) attempt to gain unauthorized access to the Service or its related systems or networks; (j) use the Service to send, store, or process unsolicited commercial email (spam); or (k) sublicense, resell, rent, lease, or otherwise transfer rights to the Service.

6. Your Responsibilities

Customer shall: (a) be responsible for Users' compliance with this Agreement; (b) be responsible for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data; (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Service and notify SpamFoo promptly of any such unauthorized access or use; (d) use the Service only in accordance with the Documentation and applicable laws and regulations; (e) maintain the confidentiality of all API keys, passwords, and credentials associated with Customer's account; (f) enable multi-factor authentication (MFA) for all License Administrator accounts; and (g) comply with security best practices as outlined in the Documentation.

Customer is responsible for ensuring that Customer's use of the Service complies with all applicable laws, including data protection regulations (such as GDPR and CPRA), antispam laws (such as CAN-SPAM and CASL), and industry-specific regulations (such as HIPAA and PCI DSS). SpamFoo provides compliance-enabling features but does not provide legal advice.

7. Account Information and Data

SpamFoo does not claim any ownership rights in Customer Data. Customer retains all right, title, and interest in and to Customer Data, including all Intellectual Property Rights therein. SpamFoo shall not access Customer Data except as necessary to provide the Service, prevent or address service or technical problems, or as compelled by law.

Customer account information and billing data may be processed in the United States.

SpamFoo may use Customer Data in anonymized, aggregated form to improve the Service, provided that such use does not identify Customer or any individual. SpamFoo employs k-anonymity techniques (k≥10) to ensure privacy preservation.

In some cases, SpamFoo may use Sanitized Customer Data to improve SpamFoo’s machine learning models and related services for future improvement of the service, provided that the end users have specifically granted permission for that purpose.

SpamFoo maintains administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction.

SpamFoo will notify Customer without undue delay after becoming aware of a Security Incident involving Customer Data where said Security incident means unauthorized access, acquisition, disclosure, alteration, or destruction of Customer Data.

Upon termination of this Agreement or Customer's written request, Customer may request access to Customer Data within fourteen (14) days following termination. SpamFoo will make Customer Data available for export via API or other reasonable means. After such fourteen (14) day period, SpamFoo shall have no obligation to maintain or provide any Customer Data and may delete all Customer Data in its systems or otherwise in its possession or control, except as required by applicable law.

8. Intellectual Property Ownership

SpamFoo and its licensors retain all right, title, and interest in and to the Service, SpamFoo Technology, and all improvements, enhancements, or modifications thereto, including all Intellectual Property Rights therein. Except for the limited license granted herein, no other rights in or to the Service or SpamFoo Technology are granted to Customer.

Customer may from time to time provide suggestions, comments, or other feedback to SpamFoo regarding the Service ("Feedback"). Customer grants SpamFoo a royalty-free, worldwide, perpetual, irrevocable, fully transferable, and sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback in any manner and for any purpose without attribution or compensation to Customer.

9. Third-Party Interactions

The Service may integrate with or enable access to third-party services and cloud infrastructure ("Third-Party Services"). SpamFoo does not control and is not responsible for the availability, accuracy, privacy practices, or content of Third-Party Services. Customer's use of Third-Party Services is at Customer's own risk and subject to the terms and conditions of such Third-Party Services.

SpamFoo shall not be liable for any damage or loss caused or alleged to be caused by or in connection with Customer's use of or reliance on any Third-Party Services.

10. Charges and Payment of Fees

Customer shall pay all fees specified in the applicable Online Order Form or as published on SpamFoo's pricing page at /pricing. Unless otherwise specified, all fees are quoted in U.S. dollars. Except as expressly set forth herein, all fees are non-cancellable and non-refundable.

SpamFoo reserves the right to modify its fees upon thirty (30) days' prior notice to Customer. Fee changes will not affect the pricing for Customer's current License Term but will apply to subsequent Renewal Terms unless Customer terminates this Agreement prior to the applicable Renewal Term.

All fees are exclusive of applicable taxes. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges imposed by any government entity, excluding only taxes based on SpamFoo's net income.

11. Allowances

The Service may include usage allowances or limits as specified in the applicable Online Order Form or pricing plan (such as message volume, API calls, or storage limits). Customer's use of the Service in excess of applicable allowances may result in additional charges at SpamFoo's then-current overage rates.

SpamFoo will use commercially reasonable efforts to notify Customer when Customer's usage approaches or exceeds applicable allowances. Failure to provide such notification shall not relieve Customer of the obligation to pay for usage in excess of allowances.

12. Billing and Renewal

SpamFoo will invoice Customer for all applicable fees. For subscription fees, SpamFoo will invoice Customer in advance of each billing period. For usage-based fees, SpamFoo will invoice Customer monthly in arrears based on actual usage during the preceding billing period.

Customer authorizes SpamFoo to charge Customer's designated payment method for all fees when due. Customer shall maintain current and accurate billing information, including payment method details and billing address.

Unless otherwise specified, the License Term will automatically renew for successive Renewal Terms equal to the Initial Term unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current License Term for monthly subscriptions, or sixty (60) days prior for annual subscriptions.

13. Non-payment and Suspension

If Customer fails to pay any undisputed fees when due, SpamFoo may: (a) charge interest on the overdue amount at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less; (b) suspend Customer's access to the Service upon thirty (30) days' notice if such failure continues; and (c) pursue any other remedies available at law or in equity.

SpamFoo may charge a reactivation fee of ninety-nine dollars ($99) to restore access to the Service following suspension for non-payment.

14. Termination

Either party may terminate this Agreement by providing written notice of non-renewal as specified in Section 11. Upon termination: (a) Customer's right to access and use the Service shall cease immediately, except for the data retrieval period specified in Section 6; (b) Customer shall pay all fees accrued through the date of termination; and (c) each party shall return or destroy all Confidential Information of the other party in its possession.

The following sections shall survive any termination or expiration of this Agreement: Sections 1 (Definitions), 6 (Account Information and Data), 7 (Intellectual Property Ownership), 15 (Refund Policy), 17 (Mutual Indemnification), 18 (Disclaimer of Warranties), 19 (Internet Delays), 20 (Limitation of Liability), 24 (Governing Law and Jurisdiction), and 25 (Miscellaneous).

15. Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party: (a) materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof; (b) becomes insolvent or admits its inability to pay its debts as they become due; (c) files for bankruptcy or has a bankruptcy petition filed against it that is not dismissed within sixty (60) days; or (d) ceases to conduct business in the normal course.

SpamFoo may terminate this Agreement or suspend Customer's access to the Service immediately upon written notice if: (a) Customer violates Section 4 (License Grant and Restrictions); (b) Customer's use of the Service poses a security risk to SpamFoo or third parties; or (c) Customer's use of the Service may subject SpamFoo to liability.

16. Refund Policy

Except as expressly set forth herein, all fees paid are non-refundable. If SpamFoo terminates this Agreement for convenience or if Customer terminates for cause due to SpamFoo's uncured material breach, SpamFoo will refund to Customer any prepaid fees covering the remainder of the License Term after the effective date of termination on a pro-rata basis.

No refunds will be provided for: (a) termination by SpamFoo for cause; (b) termination by Customer for convenience; (c) unused portions of usage-based fees; or (d) fees for periods during which Customer's access was suspended due to Customer's breach of this Agreement.

17. Representations and Warranties

SpamFoo represents and warrants that: (a) it has validly entered into this Agreement and has the legal power to do so; (b) the Service will be provided in a manner consistent with general industry standards reasonably applicable to the provision thereof; and (c) the Service will perform substantially in accordance with the Documentation during the License Term.

Customer represents and warrants that: (a) it has validly entered into this Agreement and has the legal power to do so; (b) it has obtained all necessary consents and authorizations to submit Customer Data to the Service; and (c) Customer Data does not and will not infringe any third-party Intellectual Property Rights or violate any applicable law.

18. Mutual Indemnification

Customer shall indemnify, defend, and hold harmless SpamFoo and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data; (b) Customer's breach of this Agreement; (c) Customer's violation of applicable laws; or (d) Customer's use of the Service in combination with products, services, or technology not provided by SpamFoo.

SpamFoo shall indemnify, defend, and hold harmless Customer from and against any claim that the Service infringes any third-party patent, copyright, or trademark, provided that Customer: (a) promptly notifies SpamFoo in writing of such claim; (b) grants SpamFoo sole control of the defense and settlement; and (c) provides SpamFoo with reasonable assistance and cooperation. SpamFoo shall have no obligation under this Section for any claim arising from: (i) Customer's modification of the Service; (ii) Customer's combination of the Service with products not provided by SpamFoo; (iii) Customer's use of the Service other than in accordance with this Agreement; or (iv) any version of the Service other than the then-current release.

19. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 16, THE SERVICE IS PROVIDED "AS IS" AND SPAMFOO HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SPAMFOO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SPAMFOO MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

SPAMFOO DOES NOT WARRANT THAT THE SERVICE WILL DETECT ALL SPAM, PHISHING, MALWARE, OR OTHER UNWANTED EMAIL. EMAIL CLASSIFICATION INVOLVES INHERENT UNCERTAINTIES, AND NO SYSTEM CAN GUARANTEE COMPLETE ACCURACY. CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS NOT INTENDED TO BE USED AS THE SOLE MEANS OF FILTERING CUSTOMER'S EMAIL AND THAT CUSTOMER SHOULD IMPLEMENT ADDITIONAL MEASURES AS APPROPRIATE.

20. Internet Delays

The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. SpamFoo is not responsible for any delays, delivery failures, or other damage resulting from such problems. SpamFoo does not guarantee that the Service will be available at all times or that access will be uninterrupted.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPAMFOO BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF WHETHER SPAMFOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPAMFOO'S TOTAL CUMULATIVE LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO SPAMFOO DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

The foregoing limitations shall not apply to: (a) Customer's payment obligations; (b) either party's indemnification obligations; (c) either party's breach of its confidentiality obligations; (d) Customer's breach of Section 4 (License Grant and Restrictions); or (e) liability that cannot be limited by applicable law.

22. Notice

All notices under this Agreement shall be in writing and shall be deemed given: (a) upon personal delivery; (b) upon confirmed transmission by facsimile or email; (c) one (1) business day after deposit with a nationally recognized overnight courier; or (d) three (3) business days after mailing by certified or registered mail, return receipt requested.

Notices to SpamFoo shall be sent to:
SpamFoo.com
Attn: Legal Department
Email: legal@spamfoo.com

Notices to Customer shall be sent to the email address or mailing address associated with Customer's account, or such other address as Customer may designate in writing.

SpamFoo may provide notices regarding the Service by posting on the Service or by email to Customer's designated contact. Such notices shall be deemed effective upon posting or sending.

23. Modification to Terms

SpamFoo reserves the right to update this Agreement at any time. SpamFoo will provide Customer with at least thirty (30) days' prior notice of any material modifications by posting the updated Agreement on SpamFoo's website or by sending notice to Customer's designated email address. Customer's continued use of the Service following the effective date of any modifications constitutes Customer's acceptance of the modified Agreement.

If Customer does not agree to any modifications, Customer may terminate this Agreement by providing written notice to SpamFoo prior to the effective date of such modifications. In such event, Customer shall be entitled to a pro-rata refund of any prepaid fees for the period following the effective date of termination.

24. Assignment and Change in Control

Customer may not assign or transfer this Agreement, in whole or in part, without SpamFoo's prior written consent. Any attempted assignment or transfer in violation of this Section shall be null and void. SpamFoo may assign this Agreement in whole or in part to any successor to all or substantially all of SpamFoo's business or assets related to this Agreement, whether by merger, acquisition, sale of assets, or otherwise.

Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

25. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Arizona and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between You and SpamFoo as a result of this agreement or use of the Service. The failure of SpamFoo to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. This Agreement comprises the entire agreement between You and SpamFoo and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Each party waives any right to a jury trial in connection with any action or litigation arising out of or relating to this Agreement.

Customer agrees that any claim or cause of action arising out of or relating to this Agreement or the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

26. Miscellaneous

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.

Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement must be in writing and signed by the waiving party.

Entire Agreement. This Agreement, together with any Online Order Forms and the Documentation, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning such subject matter.

Force Majeure. Neither party shall be liable for any delay or failure to perform its obligations under this Agreement (except for payment obligations) due to causes beyond its reasonable control, including acts of God, widespread internet outages, cloud infrastructure failures, cyberattacks affecting critical infrastructure, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Independent Contractors. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

Export Compliance. Customer shall comply with all applicable export laws and regulations. Customer shall not export or re-export the Service or any technical data received from SpamFoo to any country, person, or entity prohibited by such laws or regulations.

Headings. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Version 2.0 | Effective: March 26, 2026