Terms of Service

Effective Date: January 1, 2026 · Last Updated: February 1, 2026

1. Introduction and Acceptance

Welcome to InfluencersKit, an email marketing platform operated by Layap Infotech Pvt. Ltd., a company registered in India with its registered office at 1071, Sector 47, Gurugram, Haryana - 122018 ("InfluencersKit," "we," "us," or "our").

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and InfluencersKit governing your access to and use of our email marketing platform, website, applications, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

2. Eligibility and Account Registration

2.1 Age Requirement

You must be at least 18 years of age to use our Services. By using InfluencersKit, you represent and warrant that you are at least 18 years old.

2.2 Account Creation

To access certain features of our Services, you must create an account by providing accurate, current, and complete information, including:

Full name
Email address
Phone number
Company name (if applicable)
Payment information (for paid plans)

2.3 Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach
Ensuring all information provided is accurate and up-to-date

2.4 Account Restrictions

You may not:

Create multiple accounts to circumvent plan limitations
Share your account credentials with others
Use another person's account without permission
Create an account using false or misleading information
Create an account if you have been previously banned from our Services

3. Service Plans and Pricing

3.1 Available Plans

InfluencersKit offers multiple subscription tiers:

Starter Plan: Free tier with up to 1,000 subscribers
Creator Plan: $29/month for up to 10,000 subscribers
Pro Plan: $99/month for up to 100,000 subscribers
Enterprise Plan: Custom pricing for unlimited subscribers

Complete plan details and current pricing are available at https://influencerskit.com/pricing.

3.2 Free Tier Limitations

The Starter Plan includes a limit of 1,000 subscribers. If your subscriber count exceeds this limit:

You will receive a notification and a 7-day grace period to upgrade to a paid plan
During the grace period, you can continue using all features normally
After the grace period expires without an upgrade, your ability to send broadcasts will be suspended
You will retain access to your account and data, and can still manage subscribers and export data
Broadcasting capabilities will be restored immediately upon upgrading to a paid plan

3.3 Billing Cycle

All paid subscriptions operate on a calendar month basis:

Monthly Plans: Billed on the first day of each calendar month
Annual Plans: Billed annually on the anniversary of your subscription start date

Your billing cycle begins on the date you subscribe to a paid plan. If you subscribe mid-month, you will be charged a prorated amount for the remainder of that calendar month, and then billed monthly on the first of each subsequent month.

3.4 Payment Processing

All payments are processed securely through our third-party payment processor, Stripe. By providing payment information, you:

Authorize us to charge your payment method for all fees incurred
Represent that you are authorized to use the payment method provided
Agree to Stripe's terms and conditions

3.5 Payment Failures and Retries

If a payment fails:

Stripe will automatically retry the payment according to their standard retry schedule
You will receive email notifications of failed payment attempts
You have a 7-day grace period to update your payment information
If payment is not successful within 7 days, your account will be suspended
Suspended accounts cannot send emails but retain access to data for 30 days
After 30 days of suspension, we reserve the right to delete your account and data

3.6 Price Changes

We reserve the right to change our pricing at any time. For existing subscribers:

We will provide at least 30 days' advance notice of any price increase via email
The new pricing will take effect at the start of your next billing cycle after the notice period
You may cancel your subscription before the new pricing takes effect to avoid the increase
Continued use of the Services after the effective date constitutes acceptance of the new pricing

3.7 Taxes

All fees are exclusive of applicable taxes (including VAT, GST, sales tax, or other governmental taxes or levies). You are responsible for paying all applicable taxes associated with your use of our Services.

4. Refunds and Cancellations

4.1 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee on all paid plans:

If you are unsatisfied with our Services for any reason, you may request a full refund within 30 days of your initial purchase
The money-back guarantee applies to first-time purchases of each plan tier
To request a refund, contact us at sales@influencerskit.com with your account details
Refunds will be processed within 5-7 business days to the original payment method

4.2 Mid-Cycle Cancellation

You may cancel your subscription at any time:

Cancellation can be initiated through your account settings or by contacting support
Mid-cycle cancellations are processed through Stripe's prorated refund system
You will receive a prorated refund for the unused portion of your billing period
Access to paid features will continue until the end of your current billing period
After the billing period ends, your account will automatically downgrade to the free Starter Plan (subject to subscriber limits)

4.3 Downgrade Policy

You may downgrade your plan at any time:

Downgrades can be initiated through your account settings
If you downgrade mid-cycle, you will be charged on a prorated basis
You will receive a credit for the unused portion of your higher-tier plan, applied to your next billing cycle
If your subscriber count exceeds the new plan's limit, you will receive a 7-day grace period to reduce your subscriber count or upgrade again
Features unavailable in your new plan will be immediately disabled upon downgrade

4.4 Refund Exceptions

Refunds are not available for:

Accounts terminated for violation of these Terms
Services already rendered (except within the 30-day money-back guarantee window)
Add-ons, third-party services, or custom development work
Renewals after the initial 30-day period (though you may cancel at any time)

5. Beta and Early Access Terms

5.1 Beta Program Participation

InfluencersKit is currently in beta/early access phase. By participating:

You acknowledge that the Services may contain bugs, errors, or incomplete features
We reserve the right to modify, suspend, or discontinue any feature or the entire Service at any time without notice
Features, pricing, and functionality may change significantly during the beta period
We make no guarantees about service availability or uptime during beta

5.2 Early Access Pricing

Early access participants have been offered special promotional pricing:

Early access pricing is subject to change without notice
We reserve the right to modify or discontinue promotional pricing at any time
Any "lifetime discount" or "locked-in pricing" promises are promotional and not legally binding
Price changes will be communicated via email, but promotional rates may change without advance notice during the beta period

5.3 Data and Feature Changes

During the beta period:

We may make significant changes to the platform infrastructure, features, or data architecture
You are solely responsible for backing up and migrating your data if we change platforms or infrastructure
We will make reasonable efforts to preserve your data, but provide no guarantees
We are not obligated to migrate your data to new infrastructure or systems
You should regularly export and back up your data to protect against potential data loss

5.4 Transition to General Availability

When InfluencersKit transitions from beta to general availability:

We will notify all beta users via email
New Terms of Service may be introduced
Pricing may be adjusted to reflect market rates
Early access participants may lose special promotional pricing
Continued use of the Services after general availability constitutes acceptance of new terms

6. User Content and Data Ownership

6.1 Your Ownership

You retain full ownership of all content, data, and materials you upload, create, or manage through our Services, including:

Subscriber lists and contact information
Email campaigns and newsletters
Landing pages and forms
Analytics and performance data
All other user-generated content

6.2 License Grant to InfluencersKit

By using our Services, you grant us a limited, non-exclusive, worldwide license to:

Store, process, and transmit your content solely to provide and improve our Services
Send emails on your behalf to your subscribers
Display your content within your account interface
Generate analytics and performance reports based on your data

This license terminates when you delete your content or close your account.

6.3 User Responsibility for Content

You are solely responsible for all content you send through our Services. This includes:

Ensuring you have the legal right to contact your subscribers
Complying with all applicable anti-spam laws (CAN-SPAM, GDPR, CASL, etc.)
Ensuring your content does not infringe copyright, trademark, or other intellectual property rights
Ensuring your content is not illegal, defamatory, obscene, or harmful
Obtaining necessary consents and permissions from your subscribers

6.4 Content Liability

InfluencersKit is not responsible for:

The accuracy, legality, or appropriateness of user content
Copyright infringement, spam complaints, or legal issues arising from user content
Damages resulting from your use of the Services to distribute content

You agree to indemnify and hold InfluencersKit harmless from any claims, damages, or expenses arising from your content or use of our Services.

6.5 Data Portability

You may export your data at any time through your account settings. We provide export functionality for:

Subscriber lists (CSV format)
Email campaign content
Analytics data
Account settings and configurations

7. Intellectual Property Rights

7.1 InfluencersKit's Intellectual Property

InfluencersKit and all associated trademarks, logos, service marks, website design, software, code, and content (excluding user content) are the exclusive property of Layap Infotech Pvt. Ltd. and are protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, modify, or create derivative works of our Services
Reverse engineer, decompile, or disassemble our software
Remove or alter any proprietary notices on our Services
Use our trademarks, logos, or branding without prior written permission

7.2 User-Created Content Ownership

You retain full ownership of all campaigns, landing pages, email templates, and other content you create using our Services. This includes:

Email campaign designs and templates
Landing page layouts and content
Form designs and configurations
Custom integrations and workflows

7.3 Brand Usage

You may not use the InfluencersKit name, logo, or branding in any marketing materials, website content, or promotional activities without our prior written permission. This includes:

Displaying "Powered by InfluencersKit" on your landing pages or emails
Using our logo in your marketing materials
Implying endorsement or partnership without authorization

To request permission for brand usage, contact us at sales@influencerskit.com.

7.4 Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about our Services:

We may use this feedback without any obligation to you
You grant us an unrestricted, perpetual, royalty-free license to use and incorporate your feedback
We are not obligated to implement any feedback or suggestions
No compensation will be provided for feedback

8. Acceptable Use and Prohibited Activities

8.1 Anti-Spam Policy

You must comply with all applicable anti-spam laws, including:

CAN-SPAM Act (United States)
GDPR (European Union)
CASL (Canada)
Other applicable international regulations

Spam Complaint Threshold: If your spam complaint rate exceeds 0.01% (1 complaint per 10,000 emails sent):

Your account will be immediately frozen
You will receive a warning notification via email
We will conduct a manual review of your account and email content
You must provide documentation proving compliance with anti-spam laws
If our review confirms legitimate practices, your account will be unfrozen
If we determine you are sending spam, your account will be permanently terminated

8.2 Prohibited Content

You may not use our Services to send or promote:

Adult Content: Pornography, sexually explicit material, or adult entertainment
Gambling: Online casinos, betting, or gambling-related promotions (unless legally licensed)
Hate Speech: Content promoting violence, discrimination, or hatred against individuals or groups based on race, religion, ethnicity, gender, sexual orientation, or disability
Illegal Activities: Content that promotes or facilitates illegal activities, including drugs, weapons, or stolen goods
Phishing or Scams: Deceptive content designed to steal personal information or defraud recipients
Malware: Viruses, trojans, or malicious code
Harassment: Content designed to harass, threaten, or intimidate individuals

8.3 Technical Restrictions

You may not:

Use automated systems to scrape, harvest, or collect data from our Services
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the integrity or performance of our Services
Use our Services to send excessive volume that impacts platform performance
Circumvent any access restrictions or security measures

8.4 Competitor Usage

You may not use our Services if you are a direct competitor seeking to:

Reverse engineer our platform
Monitor our features or pricing for competitive intelligence
Replicate or copy our functionality
Undermine our business interests

We reserve the right to refuse service to competitors at our sole discretion.

8.5 Enforcement

Violations of these acceptable use policies may result in:

Warning notifications
Temporary account suspension
Permanent account termination
Legal action for damages
Reporting to law enforcement authorities

9. Service Level and Availability

9.1 Best Effort Uptime

InfluencersKit operates on a best effort basis. While we strive to maintain high availability and reliability:

We do not guarantee any specific uptime percentage
We do not offer Service Level Agreements (SLAs)
Services may be unavailable due to maintenance, upgrades, or unforeseen technical issues

9.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily interrupts service availability:

We will make reasonable efforts to notify users in advance of scheduled maintenance
Maintenance will typically be performed during off-peak hours when possible
We are not liable for any losses resulting from scheduled maintenance downtime

9.3 No Compensation for Downtime

We do not provide service credits, refunds, or other compensation for service interruptions or downtime, except as expressly provided in our 30-day money-back guarantee or as required by law.

9.4 Service Modifications

We reserve the right to:

Modify, suspend, or discontinue any feature or functionality at any time
Change the technical infrastructure or architecture of our Services
Impose limits on certain features or usage
Update system requirements for accessing our Services

10. Account Termination and Suspension

10.1 Termination by User

You may terminate your account at any time by:

Canceling your subscription through your account settings
Contacting our support team at sales@influencerskit.com
Following the cancellation process outlined in Section 4 (Refunds and Cancellations)

10.2 Termination by InfluencersKit

We reserve the right to suspend or terminate your account immediately without prior notice if:

Your spam complaint rate exceeds 0.01%
You violate any provision of these Terms
You engage in fraudulent or illegal activities
Your account poses a security risk to our platform or other users
You fail to pay applicable fees (after the 7-day grace period)
We receive reports of abuse, harassment, or harmful content

10.3 Account Suspension Process

For high spam complaints or policy violations:

Immediate Account Freeze: Your account will be frozen to prevent further email sending
Warning Notification: You will receive an email explaining the reason for suspension
Manual Review: Our team will conduct a thorough review of your account, email content, and subscriber practices
Documentation Request: You may be required to provide documentation proving compliance (consent records, unsubscribe processes, etc.)
Decision: Based on our review:
If everything is satisfactory, your account will be unfrozen
If violations are confirmed, your account will be permanently terminated

10.4 Data Access After Termination

Upon account termination:

You have 30 days to access and export your data
After 30 days, all data will be permanently deleted and cannot be recovered
We will send reminder notifications at 7 days and 1 day before final deletion
You are responsible for exporting and backing up your data before termination

10.5 Effect of Termination

Upon termination:

Your access to the Services will be immediately revoked
All active subscriptions will be canceled
Outstanding fees will become immediately due and payable
We may delete all your content and data after the 30-day access period
Provisions of these Terms that by their nature should survive termination will continue to apply

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability or fitness for a particular purpose
Warranties that the Services will be uninterrupted, error-free, or secure
Warranties regarding the accuracy or reliability of any data or information
Warranties that defects or errors will be corrected

11.2 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFLUENCERSKIT'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED TWO TIMES (2X) THE TOTAL FEES PAID BY YOU TO INFLUENCERSKIT IN THE 12 MONTHS PRECEDING THE CLAIM.

For free tier users, our maximum liability is capped at $100 USD.

11.3 Exclusion of Consequential Damages

IN NO EVENT SHALL INFLUENCERSKIT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Cost of substitute services
Damages resulting from your use or inability to use the Services
Damages resulting from unauthorized access to your account
Damages resulting from errors, mistakes, or inaccuracies in the Services

11.4 Third-Party Failures

We are not liable for service interruptions, data loss, or damages caused by:

AWS infrastructure failures or outages
Stripe payment processing issues
Google Analytics data collection problems
Zendesk support system downtime
Any other third-party service provider failures
Internet service provider outages
Force majeure events (natural disasters, acts of war, terrorism, labor strikes, etc.)

11.5 User Responsibilities

You acknowledge that:

You are responsible for maintaining backups of your data
You are responsible for the security of your account credentials
You are responsible for compliance with all applicable laws
You assume all risks associated with using the Services

12. Indemnification

You agree to indemnify, defend, and hold harmless InfluencersKit, Layap Infotech Pvt. Ltd., and our officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any applicable laws or regulations
Your content or email campaigns sent through our Services
Infringement of any intellectual property or other rights of third parties
Spam complaints, CAN-SPAM violations, or GDPR non-compliance
Unauthorized access to your account due to your failure to secure credentials
Any harm caused to third parties resulting from your use of our Services

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any disputes arising from or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in Gurugram, Haryana, India.

By using our Services, you consent to the personal jurisdiction of these courts and waive any objection to venue in Gurugram.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

This means:

You cannot join your claims with those of other users in a class action lawsuit
You cannot participate in a representative action on behalf of other users
Each user must bring claims individually
A court or arbitrator cannot consolidate multiple users' claims into a single proceeding without the consent of all parties

If this class action waiver is found to be unenforceable, the entire dispute resolution provision shall be null and void.

13.4 Informal Resolution

Before initiating any legal action, you agree to first contact us at sales@influencerskit.com to attempt to resolve the dispute informally. We commit to working in good faith to resolve disputes without litigation.

13.5 Time Limitation on Claims

You must bring any claims arising from or relating to these Terms or the Services within one (1) year of the date the claim arose. Claims brought after this period are permanently barred.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and InfluencersKit regarding the use of our Services and supersede all prior agreements and understandings.

14.2 Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

Immediately upon posting the updated Terms on our website for non-material changes
30 days after notification for material changes affecting your rights or obligations

We will notify you of material changes via:

Email to your registered email address
Prominent notice on our website or within the Services

Continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

14.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of InfluencersKit.

14.5 Assignment

You may not assign or transfer these Terms or your account to any third party without our prior written consent. We may assign or transfer these Terms or our rights and obligations to any third party without restriction.

14.6 Independent Contractors

The relationship between you and InfluencersKit is that of independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship.

14.7 Force Majeure

InfluencersKit shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, or severe weather
War, terrorism, or civil unrest
Government actions or regulations
Labor strikes or disputes
Internet or telecommunications failures
Third-party service provider outages (AWS, Stripe, etc.)

14.8 Notices

All notices to InfluencersKit must be sent to:

Email: sales@influencerskit.com
Mail: Layap Infotech Pvt. Ltd., 1071, Sector 47, Gurugram, Haryana - 122018, India

All notices to you will be sent to the email address associated with your account.

14.9 Language

These Terms are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

14.10 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

15. Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:

Support: sales@influencerskit.com
Legal: sales@influencerskit.com
General: sales@influencerskit.com
Mail:
Layap Infotech Pvt. Ltd.
1071, Sector 47
Gurugram, Haryana - 122018
India
Website: https://influencerskit.com/contact

BY USING INFLUENCERSKIT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Last Updated: February 1, 2026