Terms of Service

Effective date: June 2, 2026 · Last updated: 2026

These Terms of Service (the “Terms”) are a binding agreement between you and DormantIQ (“DormantIQ,” “we,” “us,” or “our”) governing your access to and use of the website at dormantiq.com and any related content, forms, and communications (collectively, the “Site”). They also set out the general framework that applies to DormantIQ’s managed email reactivation services (the “Services”).

Please read these Terms carefully. By accessing or using the Site, you agree to be bound by them. If you do not agree, do not use the Site. The Site is informational; the Services themselves are provided only under a separate written agreement, as described in Section 5.

1. Acceptance of the Terms

By accessing or using the Site, submitting a form, or otherwise interacting with us, you acknowledge that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you use the Site on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to both you and the organization.

2. Definitions

Client: A business that engages DormantIQ to provide the Services under a separate written agreement.
Client Data: Email addresses, contact records, engagement data, suppression lists, creative, offers, and other materials a Client provides to or directs DormantIQ to process for the Services.
Engagement: A specific provision of Services governed by a Service Agreement, statement of work, order form, or proposal accepted by both parties.
Services: DormantIQ’s managed email reactivation offerings, including Click Recovery, the Reactivation Engine, and Managed Reactivation, as described on the Site and defined in an Engagement.
Site: The DormantIQ website and related content, forms, and communications.

3. Eligibility

The Site and Services are intended for businesses and for individuals who are at least 18 years old (or the age of majority in their jurisdiction) and acting in a business capacity. By using the Site, you represent that you meet these requirements and that your use complies with all laws applicable to you.

4. The Site is informational

The Site is provided for general informational purposes. Content on the Site — including descriptions of Services, sample metrics, illustrative dashboards, and example figures — is for illustration only, may change without notice, and does not constitute an offer, a guarantee of results, professional advice, or a binding commitment. Any example data shown (such as “Reactivation Snapshot” figures) is fictional and provided for visualization only. Nothing on the Site creates a contract for Services; Services are provided solely under a separate written agreement.

5. Engagements & separate agreements

If you wish to engage DormantIQ, the scope, deliverables, fees, data handling, and other commercial terms will be set out in a separate written agreement — such as a Service Agreement, master services agreement, statement of work, order form, and (where applicable) a Data Processing Addendum (collectively, the “Service Agreement”). To the extent of any conflict between these Terms and a signed Service Agreement regarding the Services, the Service Agreement controls. These Terms continue to govern your use of the Site.

6. Client responsibilities & data

Reactivation is built around approval-based execution. If you engage the Services, you agree that you are responsible for the following, and you represent and warrant that:

You own or have the necessary rights, permissions, and lawful basis to provide Client Data and to have reactivation campaigns sent to the relevant audience, and you have provided any notices and obtained any consents required by applicable law.
You will approve creative, subject lines, sender names, offers, sending parameters, and suppression rules, and you are responsible for the accuracy, legality, and content of materials you approve.
You will maintain and promptly provide suppression and exclusion lists (including prior opt-outs and do-not-contact entries) and will honor opt-out, unsubscribe, and similar requests.
Your data, content, offers, and campaigns comply with applicable laws and standards, which may include the CAN-SPAM Act, CASL, the ePrivacy/PECR rules, the GDPR/UK GDPR, the TCPA (where relevant), consumer-protection and advertising laws, and applicable industry and platform requirements.
You will not use the Services to send unlawful, deceptive, harassing, infringing, or otherwise prohibited content, or to contact individuals you are not lawfully permitted to contact.

DormantIQ may decline, pause, or stop any campaign or data source that we reasonably believe is unlawful, non-compliant, harmful to deliverability or reputation, or inconsistent with our policies or the Service Agreement. We provide a managed service and do not provide legal advice on the permissibility of your data or campaigns.

7. Acceptable use

When using the Site, you agree not to:

Use the Site in violation of any law or these Terms;
Attempt to gain unauthorized access to, interfere with, or disrupt the Site or its systems;
Introduce malware or engage in scraping, harvesting, or automated data collection without our consent;
Copy, reproduce, or create derivative works from the Site’s content except as expressly permitted;
Misrepresent your identity or affiliation, or submit false information; or
Use the Site to infringe the rights of others or to send unsolicited or unlawful communications.

8. Fees & performance pricing

Fees for the Services are defined in the applicable Service Agreement. DormantIQ supports performance-aligned models, including clicker-based pricing where appropriate, as well as managed monthly options. Any pricing concepts mentioned on the Site are illustrative and not an offer. Unless the Service Agreement states otherwise, fees are exclusive of taxes, are non-refundable to the extent permitted by law, and are due per the agreed invoicing terms. We do not guarantee any specific revenue, click volume, deliverability outcome, or return.

9. Intellectual property

The Site and its content — including text, design, graphics, logos, the DormantIQ name and marks, and the recolored brand illustrations — are owned by DormantIQ or its licensors and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your internal, lawful, business-evaluation purposes. All rights not expressly granted are reserved.

As between the parties, a Client retains ownership of its Client Data and its own brand materials. Ownership and license terms for deliverables, recovered-audience data, reports, and any DormantIQ tools, methods, or know-how are set out in the Service Agreement.

10. Confidentiality

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential. The receiving party will use such information only to perform under the relationship, protect it with reasonable care, and not disclose it except to those who need to know and are bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, independently developed, rightfully received from a third party, or required to be disclosed by law (with notice where permitted). Engagement-specific confidentiality terms are governed by the Service Agreement.

11. Privacy & data protection

Our handling of personal information is described in our Privacy Policy. For Client Data processed in connection with the Services, DormantIQ generally acts as a processor/service provider on the Client’s instructions, and the parties will enter into a Data Processing Addendum where required. Each party agrees to comply with the data-protection laws applicable to it.

12. Third-party services

The Site and Services may rely on or integrate third-party tools (such as hosting, email-delivery, analytics, scheduling, and payment providers). We are not responsible for third-party services, their availability, or their terms, and your use of them may be subject to their own agreements. Links to third-party sites are provided for convenience and are not endorsements.

13. Disclaimers & no guarantees

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND (EXCEPT AS EXPRESSLY STATED IN A SERVICE AGREEMENT) THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DormantIQ does not warrant that the Site will be uninterrupted, secure, or error-free, or that content is accurate or current. DormantIQ makes no guarantee of revenue, sales, deliverability, inbox placement, click rates, engagement, compliance outcomes, or any specific results. Outcomes depend on factors outside our control, including the quality, source, age, and history of data, the offers and creative, recipient behavior, and the practices of mailbox and platform providers.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DORMANTIQ AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED USD $100. Liability arising from an Engagement is governed by, and limited as set out in, the applicable Service Agreement. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, our liability is limited to the greatest extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless DormantIQ and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site; (b) your breach of these Terms; (c) Client Data, content, offers, or campaigns you provide or approve, including any claim that they are unlawful, infringing, or sent without required consent; or (d) your violation of any law or third-party right. Indemnification specific to an Engagement is governed by the Service Agreement.

16. Term & termination

These Terms apply while you use the Site. We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive — including 9, 10, 13, 14, 15, 17, and 19 — survive termination. Termination of an Engagement is governed by the Service Agreement.

17. Governing law & dispute resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in the Commonwealth of Pennsylvania have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Site, and you consent to personal jurisdiction there.

Before filing any claim, the parties agree to first attempt in good faith to resolve the dispute informally by contacting [email protected] and allowing at least thirty (30) days to reach a resolution. If the dispute cannot be resolved informally, either party may pursue the claim in the courts identified above. To the extent permitted by law, any dispute will be resolved on an individual basis, and you and DormantIQ each waive any right to participate in a class or representative action. Dispute terms for an Engagement are governed by the Service Agreement.

18. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes will be communicated as required or, where practical, by posting a prominent notice. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

19. General

Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and DormantIQ regarding the Site and supersede prior understandings on that subject. Engagements are additionally governed by the Service Agreement.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
Notices. We may provide notices via the Site or by email. Notices to us should be sent to [email protected].
Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

20. Contact

Questions about these Terms can be directed to:

DormantIQ
Email: [email protected]
Location: Pennsylvania, United States

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