Terms of Service

Effective October 23, 2026.

1. Acceptance of Terms

These Terms of Service ("Terms") are a contract between Breaker Technologies, Inc. ("Breaker", "we", "us") and you. By creating an account, accepting an order, or using Breaker's websites, applications, email sending, web publishing, API, MCP server and related services (together, the "Services"), you agree to these Terms. If you do not agree, do not use the Services.

The Breaker Acceptable Use Policy at joinbreaker.ai/acceptable-use, the Privacy Policy at joinbreaker.ai/privacy-policy, and the Data Processing Addendum at joinbreaker.ai/dpa are part of these Terms. These Terms apply to every feature of the Services, including features we add after the effective date.

2. Eligibility and Authorized Users

You must be at least 18 years old and able to enter into a binding contract. If you use the Services for an organization, you represent that you have authority to bind it, and "you" means that organization.

You may allow employees and contractors ("Authorized Users") to use the Services under your account. You are responsible for all activity under your account, including activity by Authorized Users and by any AI client, API key or integration you connect, whether or not that activity complies with these Terms. Each account is for one organization and its newsletters; you may not create multiple accounts to avoid fees, limits or a suspension.

3. Accounts and Security

You must provide accurate registration and billing information and keep it current. Keep your credentials, API keys and OAuth connections confidential, and notify us at security@joinbreaker.ai promptly if you suspect unauthorized access. By creating an account you agree to receive notices from us electronically, at the email address on your account and in the app, and those notices satisfy any legal requirement that a notice be in writing.

4. Privacy and Customer Data

Your data. Our Privacy Policy explains how Breaker collects, uses and discloses information about you, your Authorized Users and visitors to our websites.

Subscriber Data. "Subscriber Data" means personal data about your subscribers and contacts that you upload to, collect through or generate in the Services, including email addresses, profile fields, and engagement events such as opens and clicks. As between you and Breaker, you own Subscriber Data. You are the data controller (or "business") for Subscriber Data and Breaker is a processor (or "service provider") that processes it on your instructions and as needed to provide the Services, prevent abuse and comply with law. The Data Processing Addendum governs that processing.

Your responsibilities. You are responsible for giving subscribers any legally required notices, for obtaining any consents required for email tracking and for the data you collect, and for responding to subscribers' privacy requests. Breaker will forward subscriber requests it receives to you. Breaker may honor unsubscribe requests directly and will keep a record of them.

Permitted cross-account uses. Breaker may use Subscriber Data across customer accounts to detect and block spam, fraud, bots and automated traffic, to maintain global unsubscribe and complaint suppression lists, and to improve the Services, including RealClick™, in a manner consistent with Breaker's role as a processor. Breaker may also create and use aggregated or de-identified data that does not identify you or any individual, including to build and improve deliverability, click-verification, AI and other features. Breaker owns that aggregated data.

5. Services, License and Customer Content

License to you. Breaker grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for your own newsletters and communications in accordance with these Terms and your plan.

Customer Content. You retain ownership of the content you create, upload or publish through the Services ("Customer Content"). You grant Breaker a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display and distribute Customer Content solely as needed to provide, secure and improve the Services, including sending it to your subscribers, publishing it on web pages you enable, serving it on a custom domain you connect, and the AI training uses described in Section 12. This license ends when you delete the content or close your account, except for copies in routine backups, content already delivered to recipients, and content already used for training as permitted by Section 12.

Your responsibility for content. You are solely responsible for Customer Content and must have all rights, licenses and consents needed to use it as you do through the Services. Breaker may review Customer Content and may remove content that it reasonably believes violates these Terms, the Acceptable Use Policy or law.

Changes to the Services. Breaker may change, add or retire features.

6. Acceptable Use

Your use of the Services must comply with the Breaker Acceptable Use Policy at joinbreaker.ai/acceptable-use, which is part of these Terms. Breaker may review Customer Content and sending activity, and may remove content, pause sending, restrict features, or suspend or terminate accounts that violate the Acceptable Use Policy or that create legal, security, reputational or deliverability risk to Breaker, its customers or recipients, whether or not the conduct is expressly listed. Breaker may notify or disclose information to relevant authorities where it believes that is necessary. Report abuse to report@joinbreaker.ai.

7. Email and Anti-Spam Compliance

Consent. You may only send to recipients who have given you affirmative consent, or whom you have another lawful basis to contact under the laws that apply to you and to them, including CAN-SPAM, CASL, GDPR, UK GDPR, LGPD and similar laws. Purchased, rented, scraped, co-registered or third-party lists are not permitted.

Proof of consent. You must keep a record of how and when each recipient consented (source, date, method) and provide it to Breaker within 7 business days on request. Breaker may pause sending until you do.

Unsubscribe and sender identification. Every email sent through the Services must include the unsubscribe mechanism Breaker inserts, a valid physical postal address for the sender, and accurate header, sender and subject-line information. You may not remove, hide, delay or alter the unsubscribe link. Breaker processes unsubscribes and complaints automatically, and you may not re-add a recipient who has opted out without new, specific consent.

Sending quality. Breaker monitors bounce, complaint and unsubscribe rates. Breaker may slow, pause or block sending from an account whose rates exceed the thresholds published in the Acceptable Use Policy, or that Breaker reasonably believes is harming deliverability for other customers.

You are the sender. You remain the "sender" of every message under CAN-SPAM, CASL, GDPR and similar laws. Breaker is not the sender and is not responsible for the content of your messages.

8. Email Automations

Automations send messages on triggers and schedules you configure. Every message an automation sends is sent by you under these Terms and the Acceptable Use Policy, including messages sent after you stop monitoring the account. You are responsible for testing automations before enabling them, keeping their content and consent basis current, and pausing them when they should no longer run. Breaker may pause an automation that is generating abnormal bounces or complaints.

9. Web Publishing

You may publish newsletters and pages on a Breaker-hosted site, on a Breaker subdomain or on a custom domain you connect. You are solely responsible for everything you publish, including its legality, accuracy, the licensing of images and quoted material, and compliance with the Acceptable Use Policy.

Published pages are public and may be indexed by search engines and read or copied by AI crawlers. You may turn on "Don't allow AI to train on my content" in your Settings. This adds signals that ask AI crawlers not to use your archive and opts your content out of any model training by Breaker under Section 12. Breaker does not control third-party crawlers and does not warrant that any of them will honor those signals.

Breaker may remove or unpublish content that it reasonably believes violates these Terms, the Acceptable Use Policy or law, and may display a Breaker attribution on hosted pages. Hosting is for your publication's content, not file distribution, large downloads or assets for other sites. Breaker may set storage, bandwidth and page limits per plan. When you close your account or disable publishing, pages are taken down and Breaker may reclaim the subdomain.

10. Custom Domains

You may connect domains you own or control for sending email and for hosting published pages. You represent that you own or are authorized to use each domain and that you will keep the DNS records Breaker requires (such as SPF, DKIM, DMARC and verification records) in place for as long as the domain is connected. You are responsible for your domain registration and DNS provider.

Breaker may suspend a domain that fails verification, loses authentication, is used in violation of the Acceptable Use Policy, or is placed on a blocklist. Breaker may issue and renew TLS certificates for connected web domains on your behalf. On disconnection or termination Breaker stops serving the domain and will release any records needed for you to repoint it; removing Breaker's records from your DNS is your responsibility.

11. API, MCP Server and AI Clients

Breaker provides a REST API, an MCP server and related software ("Developer Tools") so that you, and tools you authorize, can read and write data in your account. Breaker grants you a limited, revocable, non-exclusive license to use the Developer Tools to build and run integrations for your own account.

API keys and OAuth connections are credentials. Keep them confidential, do not share them, do not embed them in public code, and revoke them if compromised. Any action taken through your API key or an AI client you have connected, including drafts created, contacts tagged or updated, and segments changed, is your action under these Terms, and you are responsible for reviewing output before you rely on or send it.

Breaker may set and change rate limits, scopes and usage limits, may throttle or revoke access that is abusive, insecure or exceeds limits, and may change or retire endpoints. Breaker will try to give reasonable notice before retiring an endpoint, except where a change is needed for security. You may not use the Developer Tools to scrape, copy or extract Breaker data beyond your own account, to build a competing service, or to access the Services other than through documented interfaces. The Developer Tools may include beta features (Section 21).

12. AI Features

Some features use machine learning to generate or suggest content ("AI Features"). Output may be inaccurate, incomplete or similar to output generated for others, and may not be protectable by copyright. You must review output before you use it and are responsible for it as Customer Content. Breaker makes no warranty that output does not infringe third-party rights.

Unless you turn on "Don't allow AI to train on my content" in your Settings, Breaker may use your published newsletter content, aggregated engagement data, and the prompts and output you create with AI Features to train and improve Breaker's AI Features. Breaker never uses Subscriber Data to train models. The opt-out applies from the time you turn it on and does not affect models already trained. Breaker may use third-party AI model providers to generate output.

13. RealClick™ and Analytics

Breaker's reports, including RealClick™ click verification, open tracking and link tracking, are estimates derived from the signals available to Breaker at the time of each event. Mailbox providers, security software and privacy features change without notice and may cause events to be miscounted. Breaker does not warrant that any individual click or open was performed by a human, or that reports are complete, and you should not rely on them as the sole basis for billing advertisers, making payments or taking legal action. Breaker may change its verification methods at any time.

14. Fees, Billing and Refunds

Plans and renewal. The Services are sold on subscription and usage-based plans. Fees are due as stated in your plan or order. Subscriptions renew automatically for successive terms of the same length until you cancel or we terminate. Cancellation takes effect at the end of the current term, and inactivity is not cancellation.

Taxes and payment. Fees exclude taxes. Breaker will add applicable sales, use, VAT, GST or similar taxes to your invoice where it is required to collect them, and you will pay them unless you give us a valid exemption certificate. You are responsible for any other taxes on your purchase, including VAT due under reverse charge. Payments are processed by a third-party payment processor. If a payment fails, Breaker may suspend the Services after 7 days' notice until payment is made.

Usage limits. Plans include usage limits stated at purchase. Usage above those limits may be billed at the overage rates in your plan or require an upgrade. Breaker's measurement of usage is final absent manifest error.

Price changes. Breaker will give notice of any price increase, effective at your next renewal.

Refunds. Fees are non-refundable except where these Terms or applicable law say otherwise. Accounts terminated for violating these Terms or the Acceptable Use Policy receive no refund.

15. Termination

You may cancel your account at any time from your account settings. Breaker may suspend or terminate your access with notice, or immediately where Breaker reasonably believes you have violated these Terms or the Acceptable Use Policy, where there is a risk to recipients, other customers, deliverability or Breaker, or where the law requires.

On termination, your right to use the Services ends and sending stops. Breaker has no obligation to keep your data after termination and may delete it at any time without notice. Export your subscriber list and content before you cancel. Breaker is not a backup service and you must keep your own copies of Subscriber Data and Customer Content. Breaker may close free accounts that have been inactive for 90 days and reclaim any Breaker subdomain after 30 days' notice by email.

Sections 4 (as to Subscriber Data already processed), 5 (as to the license for backups, delivered content and permitted training), 14 (as to fees owed), 16, 22, 23, 24, 25, 26 and 29 survive termination.

16. Intellectual Property

You retain your rights in Customer Content. Breaker and its licensors retain all rights in the Services, including software, templates, documentation, RealClick™, the Breaker name and logos, and all content Breaker provides. These Terms do not grant you any right to use Breaker's trademarks except to identify Breaker as your provider. You may not copy, modify, reverse-engineer, resell or create derivative works of the Services except as these Terms expressly allow.

17. Copyright Infringement

Breaker responds to notices of alleged copyright infringement that comply with 17 U.S.C. §512(c)(3). Send notices to Breaker's designated agent: DMCA Agent, Breaker Technologies, Inc., 1401 Lavaca St #918, Austin, TX 78701, (339) 201-9617, dmca@joinbreaker.ai. The same details are on file in the U.S. Copyright Office's DMCA Designated Agent Directory.

On receiving a compliant notice, Breaker will remove or disable access to the identified content and notify the account holder, who may submit a counter-notice under 17 U.S.C. §512(g). Knowingly misrepresenting that content is infringing, or that it was removed by mistake, may make you liable for damages. Breaker terminates the accounts of repeat infringers in appropriate circumstances.

18. Third-Party Services and Integrations

The Services may link to or integrate with third-party services, including advertising partners, CRMs, automation tools and AI clients. Integrations you connect are governed by the third party's terms and privacy policy, and any data Breaker sends to them is sent on your instruction. Breaker does not endorse, warrant or take responsibility for third-party services. Breaker will give you notice before requiring you to accept new third-party terms as a condition of a feature you already use.

19. Feedback

If you give Breaker suggestions, ideas or other feedback about the Services, Breaker may use it for any purpose without obligation or compensation to you.

20. Publicity

You permit Breaker to identify you as a customer and to use your name and logo on Breaker's website and in marketing materials. You may withdraw this permission at any time by emailing contact@joinbreaker.ai.

21. Beta Features

Breaker may offer features labeled beta, preview or early access. These are provided as-is, may change or be withdrawn without notice, may be subject to additional terms, and are excluded from any uptime or support commitments.

22. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BREAKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BREAKER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT EMAIL WILL BE DELIVERED OR REACH THE INBOX, THAT ANALYTICS OR REALCLICK™ RESULTS WILL BE ACCURATE OR COMPLETE, THAT AI OUTPUT WILL BE ACCURATE OR NON-INFRINGING, OR THAT THIRD-PARTY CRAWLERS WILL HONOR ANY OPT-OUT SIGNAL. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS OF SUBSCRIBER DATA AND CUSTOMER CONTENT.

23. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BREAKER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BREAKER'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID TO BREAKER IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) $100. THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

24. Indemnification

You will defend, indemnify and hold harmless Breaker and its affiliates, officers, directors, employees and contractors from and against any claims, damages, losses, liabilities and expenses (including reasonable attorneys' fees) arising out of or relating to your Customer Content, Subscriber Data, your email sending or publishing, your use of the Services, your violation of these Terms or the Acceptable Use Policy, or your violation of any law or third-party right. Breaker may take control of the defense of any such claim at its own expense, and you will cooperate reasonably.

25. Dispute Resolution and Arbitration

Informal resolution first. Before starting arbitration or any other proceeding, you and Breaker agree to try to resolve any dispute informally. Send a written description of the dispute to legal@joinbreaker.ai (Breaker will write to the email address on your account), and allow 30 days for resolution.

Binding arbitration. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally within 30 days will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or its Consumer Arbitration Rules if you are an individual using the Services for personal purposes, before a single arbitrator, seated in Austin, Texas. The arbitrator may award the same relief a court could award to the individual party, and the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring an individual claim in small claims court, or seek injunctive or other equitable relief in court for infringement or misuse of intellectual property or for unauthorized access to the Services.

Class action and jury waiver. YOU AND BREAKER EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. Disputes will be arbitrated only on an individual basis.

Time limit. Any claim must be filed within one year after it arises, or it is permanently barred.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@joinbreaker.ai with your name and account email. Opting out does not affect any other part of these Terms.

26. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. For any dispute not subject to arbitration, you and Breaker submit to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.

27. Export Controls, Sanctions and Law Enforcement

You represent that you are not located in, and will not use the Services from or on behalf of anyone in, a country or region subject to comprehensive U.S. sanctions, and that you are not on, and will not use the Services to do business with anyone on, a U.S., EU, UK or UN sanctions list. You will comply with U.S. export control and trade sanctions laws. Breaker may cooperate with law enforcement and regulators, and may preserve and disclose account and sending information where it reasonably believes disclosure is required by law or necessary to prevent harm.

28. Changes to These Terms

Breaker may update these Terms. If you do not agree to a change, cancel your account before the effective date. Continued use after the effective date is acceptance of the updated Terms. Changes to the Acceptable Use Policy may take effect on posting where needed to address abuse or deliverability.

29. Miscellaneous

Entire agreement. These Terms, the Acceptable Use Policy, the Privacy Policy, the Data Processing Addendum and any order form are the complete agreement between you and Breaker about the Services and replace any prior agreement. Terms in your purchase orders or other documents are rejected.

Severability. If any provision is unenforceable, it will be narrowed to the minimum extent necessary and the rest of these Terms remain in effect.

No waiver. Breaker's failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without Breaker's prior written consent. Breaker may assign them in connection with a merger, acquisition or sale of assets.

Force majeure. Breaker is not liable for failures caused by events beyond its reasonable control, including mailbox-provider actions, blocklists, internet or infrastructure outages, and acts of government.

Notices. Notices to Breaker go to legal@joinbreaker.ai. Notices to you go to the email address on your account or in the app.

Contact

Breaker Technologies, Inc., 1401 Lavaca St #918, Austin, TX 78701. General questions: contact@joinbreaker.ai. Abuse reports: report@joinbreaker.ai. Legal notices: legal@joinbreaker.ai.