By purchasing any plan, making any payment, or using any service offered by Emailburger LLC (“we,” “us,” “our” or the “Company”), you (“Client,” “you,” “your”) agree to be bound by these Terms and Conditions in full (the “Terms”). If you do not agree, do not move forward and do not use any of our services.
These Terms constitute the entire agreement between you and Emailburger and supersede any prior verbal or written representations, promises, course of conduct, or statements made.
Nothing said on a sales call, demo, or introductory conversation creates any binding obligation beyond what is written here. All commitments from Emailburger are limited to what is explicitly stated in these Terms.
Emailburger is an email campaign management service. Depending on the plan purchased, services may include some or all of the following:
All new clients begin with a setup and infrastructure month. No outbound emails are sent during Month 1. This period is used to configure mailboxes warm sending infrastructure, build lists, and write copy. Full campaign deployment begins in Month 2. This is a technical requirement, not optional, and does not constitute a failure to perform services.
Month 1 fees are non refundable. The work performed during setup requires our internal substantive work even though emails have not yet been sent to the Client's prospects. No refunds will be provided even if you change your mind.
All plans are billed monthly. The billing cycle begins on the date the first payment is processed. Subsequent payments are due on the same calendar date each month.
By providing a payment method, the Client authorizes Emailburger to charge that payment method for the agreed monthly subscription amount on each billing date. For Stripe subscriptions, you agree this authorization is continuous until it is cancelled. For Zelle or manual arrangements, payment is due within 3 business days of each billing date.
If payment is not received within 5 calendar days of the due date, Emailburger reserves the right to pause all campaign activity immediately without notice. Campaign work will not resume until the outstanding balance is paid in full. No credit, extension, or additional services will be provided for the paused period. An additional administrative fee of $100 will be due as a result of any late payments received after the 5 calendar day cure period, which may be waived in the Company’s sole discretion.
Emailburger currently accepts payment via Stripe (credit or debit card) and Zelle. Emailburger reserves the right to require a specific payment method at its discretion. Clients are responsible for keeping payment information current and valid.
Emailburger reserves the right to change subscription pricing with 30 days written notice. If the Client does not agree to the new pricing, the Client may cancel before the new price takes effect. Continued use of the service after the notice period constitutes acceptance of the new pricing.
If a payment fails for any reason including insufficient funds, expired card, bank block, chargeback, or dispute, the Client's account will be considered past due immediately and services may be paused or stopped immediately. Emailburger is not responsible for service disruption resulting from a failed payment. The Client is responsible for resolving the failure promptly. No credit, extension, or additional services will be provided for the paused period.
Chargebacks and disputes filed without first contacting Emailburger are considered a breach of these Terms. If the Client files a chargeback or payment dispute without contacting sam@emailburger.com first, Emailburger reserves the right to pursue the full outstanding balance through collections and to permanently terminate the account.
Emailburger makes no guarantees of any kind regarding campaign performance, including but not limited to:
Email marketing performance depends on factors that are partially and/or entirely outside Emailburger's control: the quality and specificity of the Client's offer, how the Client handles replies and sales conversations, market conditions, inbox filtering changes by email providers, spam classification algorithms, and the competitive landscape in the Client's industry. Emailburger cannot, therefore, guarantee any specific types of result.
Any case studies, example campaigns, client references, or performance statistics shared during sales conversations or on the website are provided for illustrative purposes only. Past performance does not guarantee future results. Every campaign is different.
No employee, contractor, or representative of Emailburger has authority to make guarantees not stated in these Terms. Any verbal guarantee made before or after purchase is non binding.
The Client may cancel the subscription at any time by emailing cancel@emailburger.com with the subject line “Cancellation Request” or by using the self service cancellation option in the account portal if available. No phone calls, social media messages, or verbal cancellation requests are accepted. Cancellation requests must be submitted in writing.
Cancellation takes effect at the end of the current billing period. The Client will not be charged for the next billing cycle. No prorated credit is issued for days remaining in the current month.
Example: If the billing date is the 1st and the Client cancels on the 15th, service continues through the end of that month (or the client can request that the service be stopped immediately, which will typically take effect within 3 days of such a request). The Client will not be billed again on the 1st of the following month. The Client will not receive a refund for the remaining days of the current month, even if the client requested an immediate halt to services.
Emailburger does not require advance notice to cancel. The Client may cancel on any day of the billing cycle, as long as notice is received at least three full business days before the next billing date. As noted, when the service is cancelled, the Client will not receive a refund for the remainder of the current billing period.
Upon cancellation, all active campaign work will cease at the end of the current billing period (unless the client requests that the service be stopped immediately, which will typically take effect within 3 days of such a request, or sooner if practical). Sending domains purchased on the Client's behalf will be decommissioned. Work product for campaigns belongs to the Company. Requests for copies of work product may be subject to a fee.
If the Client cancels and later wishes to restart services, the Client will be treated as a new client. A new setup fee and setup month will apply, unless waived, in writing, at Emailburger's discretion.
Emailburger does not issue refunds under any circumstances. All fees paid are final and non refundable. This includes setup fees, the first month's subscription, any partial month at cancellation, and any whole or partial month in which services were performed for the client.
Emailburger does not prorate any subscription fees. There are no partial refunds for unused days, unused emails, or campaigns that were paused for any reason. Payment covers access to services for the entire billing period regardless of how much of that period is used.
Dissatisfaction with campaign performance, lead quality, reply volume, or any other metric does not entitle the Client to a refund. Results vary by client and industry, and the Client agreed to the no guarantees policy at the time of purchase.
Emailburger is not liable for service interruptions caused by circumstances beyond its control, including email provider policy changes, infrastructure outages, data provider failures, or any other event outside its reasonable control. No refunds will be issued for such interruptions.
The only circumstance in which a refund may be considered is a documented billing error in which the Client was charged an incorrect amount. All refund requests on this basis must be submitted in writing within 10 days of the charge. If a billing error is confirmed, only the erroneous amount will be refunded, not the full subscription fee.
The Client may not use Emailburger services to send email campaigns that promote, facilitate, or relate to any of the following:
The Client is solely responsible for the legality, accuracy, and compliance of the product or service being marketed through the campaign. Emailburger manages the technical delivery of the campaign. Emailburger does not independently verify that the Client's business, offer, or industry is compliant with applicable laws. Any legal liability arising from the content of the Client's marketing belongs entirely to the Client.
If the Client misrepresents its business, industry, or intended use of services during onboarding or at any point during the engagement, Emailburger reserves the right to terminate the account immediately without refund.
To the maximum extent permitted by applicable law, Emailburger's total liability to the Client for any claim arising at any time from or related to these Terms or any services provided by Emailburger shall not exceed the total amount the Client paid to Emailburger in the 30 days immediately preceding the claim.
Emailburger is not liable to you or anyone else for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost revenue, lost profits, lost business opportunities, reputational damage, legal costs, judgments, settlements, or costs of substitute services, even if Emailburger has been advised of the possibility of such damages.
Emailburger has no control over how email service providers (Google, Microsoft, Yahoo, and others) classify, filter, or block emails. Emailburger is not liable for any deliverability issues, spam folder placement, domain blacklisting, or account suspension resulting from the operation of a campaign, even if Emailburger set up and manages the campaign infrastructure.
Emailburger is not liable for any consequences arising from how the Client handles leads, replies, or sales conversations generated through a campaign. The Client's sales process is entirely the Client's responsibility.
Client will defend, indemnify, and hold the Company (as broadly defined in Section 9 below) harmless from and against any and all claims, actions, damages, liability and expenses including reasonable attorneys' and other professionals' fees and costs at all trial and appellate proceedings in connection with loss of life, personal injury and/or damage to business or property arising from or out of (i) any representations of or by Client and/or its representatives; (ii) Client’s failure to comply with any law, rule, or regulation; (iii) Client’s use or misuse of the Company’s services, products, or work product; and/or (iv) or any falsity, deceptive trade practice, or misrepresentation of or by the Client (whether claimed to be performed through Emailburger or otherwise); and/or (v) any other claim asserted by anyone arising out of an Emailburger campaign, service, or email occasioned wholly or in part by any act or omission of Client or any of its officers, agents, contractors, subcontractors, employees, or arising out of any breach of Client’s obligations under these Terms.
Emailburger reserves the right to terminate any client account at any time and for any reason, including but not limited to the following reasons:
In cases of termination by Emailburger, no refund will be issued for any unused portion of the current billing period. This applies regardless of the reason for termination, including termination resulting from Emailburger ceasing operations.
The Client obligations set forth in these Terms shall survive the expiration or termination of the parties’ relationship, Client’s subscription, or any campaign performed for Client by Emailburger.
Before pursuing any formal dispute, the Client agrees to contact Emailburger in writing at dispute@emailburger.com and allow 10 business days for a response and an attempt to resolve the matter. Any dispute initiated without this prior written contact will be considered premature.
These Terms are governed by the laws of the State of Florida, to the fullest extent permitted by law. Any legal action or proceeding related to or arising out of these Terms or any services provided by Emailburger and/or arising out of the parties’ relationship shall be brought exclusively in the courts of Broward County, Florida. The Client consents to the personal jurisdiction of such courts.
The Company and Client agree that, to the fullest extent permitted by law, any dispute arising at any time out of or relating to these terms, any campaign, any services performed or to be performed by Emailburger, or the relationship between the Company and client (which term shall be defined to include the Company’s past, present, or future parent entities, subsidiaries, affiliates, branding partners, assigns, predecessors, successors, related companies, and its and their partners, employees, owners, members, managers, representatives and agents) shall be decided exclusively without a jury (including without an advisory jury). In addition, in any such action and to the fullest extent permitted by law, Client waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class or collective action based on such a claim in which the Company, as defined in this paragraph, is a party. All claims filed or asserted by, through, or on behalf of Client shall be in an individual capacity only.
If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, that provision may be modified by the court to the minimum extent necessary to make it enforceable, and all other provisions will otherwise remain in full effect.
Emailburger reserves the right to update these Terms at any time. Updated Terms will be posted at emailburger.com/terms or may be emailed to you at the client email on file with emailburger. Continued use of services after updated Terms are posted or emailed to you constitutes acceptance of the new Terms. If material changes are made to payment terms or fees, active clients will be notified by email at least 7 days in advance.
For all questions, cancellation requests, billing issues, or legal inquiries related to these Terms, contact in writing: