1. ABOUT THESE TERMS
These Terms govern your use of SwitchOff.
SwitchOff is operated by Ian Drummond, a sole trader trading as SwitchOff in the United Kingdom.
By creating an account or using SwitchOff, you agree to these Terms.
SwitchOff is intended primarily for business and professional use.
Contact:
support@switchoff.today
2. THE SWITCHOFF SERVICE
SwitchOff provides tools for managing contacts, creating email Journeys and templates, scheduling communications and sending email through supported connected email accounts.
Features may change as the service develops.
We may improve, replace or discontinue features where reasonably necessary, provided this does not remove paid core functionality without appropriate notice where practicable.
3. YOUR ACCOUNT
You must provide accurate information and keep your account secure.
You are responsible for activity carried out through your account and for maintaining appropriate security over your login credentials and connected services.
You must notify us promptly if you suspect unauthorised access.
4. CONNECTING YOUR EMAIL ACCOUNT
SwitchOff may allow you to connect a third-party email account such as Gmail.
By connecting an account, you authorise SwitchOff to use the permissions you approve for the purpose of providing the relevant functionality.
You remain responsible for your email account and for complying with your email provider's applicable terms, policies and sending limits.
Availability of third-party integrations may depend on services outside SwitchOff's control.
5. YOUR CONTACTS AND CONTENT
You retain ownership of the contacts, email content, templates, business information and other material you provide to SwitchOff.
You give us the limited permission necessary to store, process and transmit that material solely to provide, secure and maintain the service.
We do not routinely monitor your content. Authorised personnel may access relevant content only when reasonably necessary for requested support, abuse or security investigations, enforcement of these Terms, or legal compliance.
You are responsible for the accuracy, legality and appropriateness of your content and contact data.
6. EMAIL MARKETING AND LEGAL COMPLIANCE
You are responsible for deciding who you contact and whether you are legally permitted to contact them.
SwitchOff provides the technical tools for sending communications but does not provide lists of recipients and does not determine the lawful basis on which you communicate with them.
You must not use SwitchOff to send unsolicited commercial email. Every recipient of commercial email sent through SwitchOff must have consented to receive that commercial email from your business.
You must comply with all laws and regulations applicable to your communications, including where relevant UK GDPR, the Data Protection Act 2018 and PECR.
You must respect opt-outs, objections and withdrawals of consent.
You must not use SwitchOff to disguise your identity or prevent recipients from exercising legally required opt-out rights.
7. ACCEPTABLE USE
You must not use SwitchOff:
- to send unsolicited commercial email, unlawful spam or communications you are not entitled to send;
- to continue marketing to recipients who have validly opted out or objected;
- for phishing, impersonation, fraud or deception;
- to distribute malware or malicious content;
- to harass, threaten or abuse people;
- to send illegal content;
- to interfere with the operation or security of SwitchOff;
- to gain unauthorised access to another account, system or data;
- to circumvent sending limits, suppression controls or security measures; or
- in a way likely to damage SwitchOff, its infrastructure, connected providers or other users.
We may suspend or terminate accounts where reasonably necessary to prevent abuse, comply with law, protect the service or protect other users.
8. EMAIL DELIVERY
SwitchOff is designed to send emails according to the Journeys, schedules and settings configured by the user.
We cannot guarantee that an email will be delivered, received, opened, read or placed in a recipient's inbox.
Email delivery is affected by third parties and circumstances outside SwitchOff's control, including email providers, recipient servers, spam filtering, sender reputation, network availability and the content and sending practices of users.
SwitchOff's sending controls and clean email generation are designed to support responsible sending; they are not a guarantee of inbox placement.
9. AUTOMATED JOURNEYS
SwitchOff performs automated actions based on the information, settings, schedules and Journey rules configured by you.
You are responsible for checking those settings before activating a Journey.
You should ensure that automated communications remain accurate and appropriate as circumstances change.
10. AVAILABILITY
We aim to provide a reliable service but cannot guarantee uninterrupted or error-free availability.
Maintenance, third-party outages, infrastructure failures and other events may occasionally interrupt SwitchOff.
Where a send cannot safely be confirmed, SwitchOff may pause or flag the relevant action rather than automatically retrying where doing so could risk sending a duplicate.
11. SUBSCRIPTIONS AND PAYMENT
Where SwitchOff is provided as a paid subscription, the applicable price and billing period will be displayed before purchase.
Subscriptions renew according to the billing period selected unless cancelled before renewal.
New workspaces receive a 14-day free trial of SwitchOff Essentials only. SwitchOff AI is never included in the free trial and is a paid feature. AI Inbox is in beta for the first 100 paying SwitchOff AI workspace customers; places are not recycled.
SwitchOff Essentials is £15.99/month or £159.99/year. SwitchOff AI is £34.99/month or £349.99/year. SwitchOff Done For You is £849.99 upfront, including professional account setup and 12 months of SwitchOff AI, then renews automatically at £349.99/year unless cancelled before the first renewal date. No second charge is taken during the included year. The renewal date, amount and how to cancel are shown before checkout.
Prices may change in the future. Existing subscribers will receive reasonable notice of material price changes where required.
Cancellation prevents future renewal but does not ordinarily provide a refund for a billing period already started, except where required by law or expressly stated otherwise.
Nothing in these Terms affects rights that cannot lawfully be excluded.
12. FAIR USE AND SERVICE LIMITS
Plans may include limits relating to sending, contacts, storage, usage or other resources.
Current limits will be displayed within the service or relevant plan information.
You must not attempt to circumvent these limits.
We may introduce or adjust reasonable technical limits where necessary to maintain security, reliability, provider compliance and fair access to the service.
13. INTELLECTUAL PROPERTY
SwitchOff, including its software, branding, interface and original content, is owned by or licensed to us.
These Terms give you permission to use the service during your account or subscription. They do not transfer ownership of SwitchOff's intellectual property to you.
14. THIRD-PARTY SERVICES
SwitchOff relies on third-party services including Google and providers of infrastructure, authentication and other technology.
Your use of those services may also be subject to their own terms.
We are not responsible for changes, outages or restrictions imposed by third-party services that are outside our reasonable control.
15. LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud or fraudulent misrepresentation or death or personal injury caused by negligence.
Subject to those exceptions, we are not responsible for indirect or consequential losses, lost profits, lost opportunities, loss of anticipated savings, or losses arising from emails being rejected, delayed, filtered or not acted upon.
You remain responsible for reviewing important business communications and for maintaining appropriate copies of information necessary to operate your business.
Subject to liabilities that cannot lawfully be limited or excluded, our total aggregate liability arising out of or in connection with the service will not exceed the total amount you paid to SwitchOff during the 12 months immediately preceding the event giving rise to the claim.
16. SUSPENSION AND TERMINATION
You may stop using SwitchOff and delete your account using the available account controls.
We may suspend or terminate access where you materially breach these Terms, create security or legal risk, misuse the service or fail to pay amounts due.
Where reasonable and appropriate, we will provide notice and an opportunity to remedy a breach.
17. CHANGES TO THESE TERMS
We may update these Terms to reflect changes to SwitchOff, our business or applicable law.
If a change materially affects existing users, we will provide reasonable notice where appropriate.
Continued use after an updated version takes effect constitutes acceptance where permitted by law.
18. GOVERNING LAW
These Terms are governed by the laws of England and Wales.
The courts of England and Wales will have jurisdiction, subject to any mandatory rights or jurisdiction that applicable law gives you.
19. CONTACT
SwitchOff is operated by Ian Drummond, a sole trader trading as SwitchOff in the United Kingdom.