Terms of Service

Last updated: August 8, 2025

1. Acceptance of Terms

By accessing and using Better Email Notifications ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Service Description

Better Email Notifications provides automated SMS notifications for Gmail email replies. The Service monitors your selected Gmail threads and sends SMS alerts when new replies are detected. This is a notification service only and does not send marketing or promotional content.

3. User Account and Authentication

  • You must authenticate using your Google account to use this Service
  • You are responsible for maintaining the confidentiality of your account
  • You must provide accurate and complete information
  • You must be at least 18 years old to use this Service

4. SMS Notifications and Consent

  • By enabling SMS notifications, you explicitly consent to receive automated text messages
  • Message frequency varies based on your email activity
  • Standard message and data rates may apply
  • You can opt-out at any time by replying STOP to any message or disabling notifications in your dashboard

5. Gmail API Usage

Our use of information received from Gmail APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. We only access:

  • Email metadata necessary to detect new replies
  • Sender information and message snippets for notifications
  • Thread subjects and participants

We do not store email content beyond what is necessary for notification delivery.

6. Privacy and Data Security

Your privacy is important to us. Please review our Privacy Policy for information about how we collect, use, and protect your data. Key points:

  • OAuth tokens are encrypted using AES-256-GCM encryption
  • We do not sell or share your personal information
  • Data is transmitted securely using HTTPS
  • You can delete your account and all associated data at any time

7. Acceptable Use

You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Attempt to circumvent rate limits or security measures
  • Use the Service to harass, abuse, or harm others
  • Resell or redistribute the Service without permission

8. Service Availability and Modifications

  • We strive for 99.9% uptime but do not guarantee uninterrupted service
  • We may modify or discontinue features with reasonable notice
  • Gmail watch subscriptions expire after 7 days and are automatically renewed
  • We reserve the right to impose usage limits to ensure service quality

9. Billing and Payments

The Service is currently offered free of charge with usage limits. If we introduce paid plans:

  • You will be notified in advance of any charges
  • Existing users will have the option to continue with a free tier
  • Billing terms will be clearly disclosed before subscription

10. Intellectual Property

All content, features, and functionality of the Service are owned byBetter Email Notifications and are protected by international copyright, trademark, and other intellectual property laws.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BETTER EMAIL NOTIFICATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

THESE LIMITATIONS SHALL NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

13. Indemnification

You agree to indemnify and hold harmless Better Email Notificationsfrom any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

14. Termination

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms
  • Violation of applicable laws
  • Conduct harmful to other users or the Service
  • Extended period of inactivity

15. Dispute Resolution and Arbitration

15.1 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.

15.2 Class Action Waiver

YOU AND BETTER EMAIL NOTIFICATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Better Email Notifications agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

15.3 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights. Additionally, claims for damages under $10,000 may be brought in small claims court.

15.4 30-Day Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out tohelp@betteremailnotifications.com within 30 days of first using the Service.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction and venue of such courts.

17. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Better Email Notifications regarding the Service and supersede all prior agreements and understandings.

18. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, pandemic, governmental action, war, terrorism, or other unforeseeable cause that is beyond the reasonable control of such party, provided that such party promptly notifies the other party and uses best efforts to remedy the situation.

19. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service. Continued use after changes constitutes acceptance.

20. Contact Information

For questions about these Terms, please contact us at:

Email: help@betteremailnotifications.com
Support: betteremailnotifications.com/support

21. TCPA Compliance

By opting in to SMS notifications, you agree to receive automated text messages at the phone number provided. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to cancel, HELP for help.