Terms and Conditions

Last updated: October 9, 2026

These terms govern your use of digitalaka.xyz and the email, SMTP and SMS services provided by Digitalaka ("we", "us"). By ordering or using our services, you agree to them.

1. Our services

We provide bulk email sending, SMTP relay, bulk SMS and related support, as described on our website or in your order. We may improve or change features over time.

2. Your account

• You must be at least 18 and able to enter a binding contract for your business.
• You must give accurate information and keep your login details secure.
• You are responsible for all activity under your account.

3. Acceptable use

You must follow our anti-spam policy and all applicable laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state privacy laws and carrier messaging rules. You must not:

• Send to people who have not agreed to receive your messages, or use purchased or scraped lists
• Send misleading, fraudulent, illegal or abusive content, including phishing and malware
• Hide your identity, forge headers or send without a working unsubscribe option
• Exceed the sending limits of your plan or try to bypass our controls

You confirm that you have collected and may lawfully use every address and number you upload.

4. Fees and payment

You agree to pay the fees shown in your order. All fees are in US dollars (USD) unless your order says otherwise. Fees are quoted before tax, and you are responsible for any applicable taxes. Plans are paid in advance. We may change prices for future periods with notice. Refunds are covered by our refund policy.

5. Deliverability

We work to deliver your messages, but we do not control mailbox providers, carriers or recipients. We cannot guarantee inbox placement, open rates or response rates.

6. Suspension and termination

We may suspend or end your service immediately if you break these terms, if your sending harms our reputation or other customers, or if the law requires it. You may stop using the service at any time. Fees already paid are handled under the refund policy.

7. Your content and our property

You keep ownership of your content and lists. You give us permission to process them as needed to provide the service. We keep ownership of our software, systems and brand.

8. Disclaimer

The services are provided "as is" and "as available". We do not promise they will be uninterrupted or error-free, to the extent the law allows.

9. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental or consequential losses, or for lost profits or data. Our total liability for any claim is limited to the fees you paid us in the three months before the claim arose.

10. Indemnity

You agree to cover losses and costs we incur because of your content, your lists, or your breach of these terms or the law.

11. Governing law

These terms are governed by the laws of the State of New York, USA. Courts in New York County have jurisdiction, unless the law gives you the right to bring a claim elsewhere.

12. Changes to these terms

We may update these terms. Continued use of the service after a change means you accept the new terms. The date at the top shows the latest version.

Contact us

Digitalaka
55 Spring St, Business District, New York, NY 41083, USA
Phone: +1 (800) 963-8569
Email: hello@digitalaka.xyz