Terms of service
The agreement between you and SkyL4rk (Pty) Ltd governing your use of SkySignal.
1. Acceptance
By creating a SkySignal account, or by accessing or using the service, you agree to be bound by these Terms of Service. If you do not agree, you may not use SkySignal.
If you use SkySignal on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation to these terms, and "you" refers to that organisation. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the service.
We may update these terms from time to time. Where changes are material, we will give you reasonable notice. Continuing to use SkySignal after a change takes effect means you accept the updated terms.
2. Service description
SkySignal is an email infrastructure platform. We provide tools for composing, scheduling, and sending email campaigns. We do not generate the content of your emails or the audiences you send to.
3. Acceptable use
You must not use SkySignal to send unsolicited bulk email. You must have a lawful basis and, where required, consent to contact every recipient on your lists. You may not:
- Send content that is illegal, defamatory, infringing, deceptive, malicious, or harmful.
- Send phishing, malware, or fraudulent content, or impersonate any person or organisation.
- Use purchased, rented, scraped, or harvested mailing lists.
- Send to recipients who have unsubscribed or otherwise withdrawn consent.
- Violate POPIA or the marketing, privacy, or anti-spam laws of any country your recipients are in.
- Attempt to circumvent token limits, rate limits, or security controls, or access areas of the service you are not authorised to use.
You are responsible for the content you send and the audiences you send to. We may suspend or terminate accounts that breach this section — see clause 8.
4. Your data
You retain ownership of your campaign content and audience data. We store and process it on your behalf as described in the Privacy Policy.
5. Billing & tokens
SkySignal uses a token-based pricing model. One token represents one email delivered through the service. Current plans, their monthly token allocations, and prices are listed on our pricing page.
- Paid plans are billed monthly in advance through our payment processor, PayFast.
- Each plan includes a monthly allocation of tokens. Unused subscription tokens roll over up to a capped limit; tokens bought as once-off top-ups do not expire.
- You can buy additional token top-up packs at any time.
- You can change or cancel your plan at any time. Changes take effect from the next billing cycle; cancellation stops future billing, and your paid features remain available until the end of the current cycle.
- Except where the law requires otherwise, fees and token purchases are non-refundable. Your statutory rights as a consumer under South African law are not affected.
- If a payment fails, we may retry it and may suspend paid features until the account is brought up to date.
6. Deliverability
We provide the infrastructure to send email; we do not guarantee delivery to specific inboxes. Inbox placement depends on factors outside our control (recipient mail server policies, your domain reputation, etc.). We provide tools (QC checks, DKIM/SPF guidance) to maximise deliverability.
7. Service availability
We work to keep SkySignal available and reliable, but we provide the service on an "as is" and "as available" basis and do not guarantee uninterrupted or error-free operation unless a separate service level agreement says otherwise.
We may carry out planned maintenance, and will give advance notice where it is practical to do so. We are not responsible for downtime or disruption caused by factors outside our reasonable control, including failures of third-party networks, hosting, or infrastructure.
8. Suspension & termination
You may cancel your account at any time from your account settings. Paid features remain available until the end of your current billing cycle.
We may suspend or terminate your access, with or without notice, if you breach these terms, fail to pay, use the service abusively, or where we are required to do so by law. Where practical and lawful, we will tell you why.
On termination, your right to use the service ends. We will give you a reasonable opportunity to export your data where feasible, after which your data is deleted or retained in line with our Privacy Policy.
9. Limitation of liability
To the fullest extent permitted by law:
- SkySignal is provided "as is" and "as available", without warranties of any kind beyond those that cannot lawfully be excluded.
- We are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or goodwill, arising from your use of (or inability to use) the service.
- Our total liability to you for any claim relating to the service is limited to the amount you paid us for the service in the three months before the event giving rise to the claim.
- We do not guarantee that any email will reach a particular inbox, as described in clause 6.
Nothing in these terms limits or excludes liability that cannot be limited or excluded under South African law, including liability for gross negligence or fraud, or your rights under the Consumer Protection Act.
10. Governing law
These terms are governed by the laws of South Africa. Any disputes are subject to the jurisdiction of South African courts.