AI training
- Severity 3
"As a part of the Service, We may view, copy, and internally use Messaging Content to train and improve the Service, including its functionality and effectiveness, as well as to detect issues."
Postmark may use your email content to train and improve their service, including detecting issues.
Your sensitive email data could be used to train Postmark's AI, and you have no control over it.
⚖️Matches The New York Times Co. v. OpenAI & Microsoft (2023) - Severity 3
"We view and use Contact Data only to provide Service to You, at Your direction and, as part of the Service, to train, detect issues with the Service, and to ensure its proper functioning."
Postmark uses your contact data to provide the service and train their AI models to ensure proper functioning.
Your contact information is used by Postmark to train their AI, which could expose it.
⚖️Matches The New York Times Co. v. OpenAI & Microsoft (2023)
Auto-renewal
- Severity 3
"At the end of each billing period the plan contract will automatically renew indefinitely until explicitly cancelled by the User. Inactivity does not constitute automatic cancellation. Cancellation must be issued via the Service."
Postmark automatically renews your plan indefinitely until you cancel it through their service.
You will be charged for another term if you forget to cancel, even if you stop using the service.
⚖️Matches FTC v. Vonage Holdings — settled for $100M (2022) - Severity 3
"At the end of each billing period the plan contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the Service."
Postmark automatically renews your plan indefinitely until you cancel it through their service.
You will be charged for another term if you forget to cancel, even if you stop using the service.
⚖️Matches FTC v. Vonage Holdings — settled for $100M (2022) - Severity 3
"Users are able to opt-in to recurring billing at a level set by the User. At the end of the contract term, when credits run out, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the Service."
Postmark automatically renews your plan indefinitely until you cancel it through their service, even if you set up recurring billing.
You will be charged for another term if you forget to cancel, even if you stop using the service.
⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
Price hikes
- Severity 4
"We may update these Terms from time to time. Unless otherwise required by law, We will notify You of such changes by posting the updated Terms to the Site and updating the “Effective” date above. We may also notify you by sending an email notification to the address associated with Your account or providing notice through the Service. Unless We say otherwise in our notice, the updated Terms will take effect from the “Effective” date above. Once any updated Terms are in effect, You will be bound by them if You continue to access or use the Service."
Postmark can change the terms of service at any time and will notify you by posting updates online or sending an email.
You could be bound by new terms you haven't seen or agreed to if you continue using the service.
⚖️Matches FTC v. MoviePass / Helios and Matheson Analytics (2021) - Severity 4
"We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service."
Postmark can change the terms of service at any time and will notify you before they go into effect.
You could be bound by new terms you haven't seen or agreed to if you continue using the service.
⚖️Matches FTC v. MoviePass / Helios and Matheson Analytics (2021)
Data residency
- Severity 4
"By accessing or using the Service, You consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law."
Postmark processes and stores your information in the United States, where you may not have the same legal protections.
Your data may be subject to different privacy laws and protections when stored in the US.
⚖️Matches Schrems II (Data Protection Commissioner v. Facebook Ireland) (2020)
Termination friction
- Severity 4
"We reserve the right, without notice and in our sole discretion, to terminate Your account at any time and for any reason. In the event of termination, You will lose all data related to Your account. An account terminated by AC PM will not be backed-up for any reason and will be immediately terminated from AC PM's servers, and will not be eligible for any refunds of monies paid."
Postmark can terminate your account at any time without notice, and you will lose all your data with no refunds.
You risk losing all your data and any prepaid fees if Postmark decides to close your account.
⚖️Matches Bungie / Destiny 2 Account Termination Litigation (2023) - Severity 4
"We reserve the right, without notice and in our sole discretion, to terminate Your account at any time and for any reason. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account."
Postmark can terminate your account at any time for any reason, and you will lose all your data.
You risk losing all your data if Postmark decides your account contains objectionable material.
⚖️Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021) - Severity 4
"An account terminated by AC PM will not be backed-up for any reason and will be immediately terminated from AC PM's servers, and will not be eligible for any refunds of monies paid. You may terminate Your account at any time, and if eligible, AC PM will issue refunds of monies paid for unused credits according to the refund policy set aside in the “Fees” section."
Postmark will immediately delete your account and data from their servers if they terminate it, and you won't get a refund.
You will lose all your data and any prepaid fees if Postmark terminates your account.
⚖️Matches Bungie / Destiny 2 Account Termination Litigation (2023)
Liability caps
- Severity 4
"IN NO EVENT WILL AC PM OR THE OTHER AC PM PARTIES BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN AN ACTION IN CONTRACT, TORT, EQUITY, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF AC PM OR THE OTHER AC PM PARTIES HAVE BEEN ADVISED ON THE POSSIBILITY OF USE DAMAGES."
Postmark and its partners are not liable for any damages, including lost profits or data corruption, under any theory of liability.
You cannot recover damages from Postmark if their service causes you financial loss or data issues.
- Severity 4
"THE TOTAL LIABILITY OF AC PM AND THE OTHER AC PM PARTIES IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID, IF ANY, BY YOU TO AC PM FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED."
Postmark's total liability is limited to the amount you paid them in the three months before your claim.
If Postmark causes significant damages, your recovery is capped at a small fraction of your annual spend.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022) - Severity 4
"IN NO EVENT WILL AC PM BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE."
Postmark is not liable for damages related to your data or use of the service, including lost profits or data alteration.
You cannot recover damages from Postmark if their service causes you financial loss or data issues.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022) - Severity 4
"AC PM'S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID, IF ANY, BY YOU TO AC PM FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED."
Postmark's liability is limited to the amount you paid them in the three months before your claim.
If Postmark causes significant damages, your recovery is capped at a small fraction of your annual spend.
⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
Indemnification
- Severity 3
"You further agree to defend, indemnify and hold harmless AC PM from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information."
You must defend and cover Postmark if third parties claim your data or service use infringes their intellectual property.
You could be responsible for legal fees and damages if your content is accused of violating third-party intellectual property.
⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022) - Severity 3
"To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless AC PM, our parent, subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “AC PM Parties”) from and against any loss, liability, claim, demand, damages, expenses, including without limitation attorneys' fees, or costs (“Claims”) arising from or related to Your Messaging Content or Contact Data, Your Feedback, Your access to or use of the Service and/or any breach of these Terms by You."
You must defend and cover Postmark for any claims arising from your data, your use of the service, or any breach of terms.
You could be responsible for legal fees and damages if your actions lead to a claim against Postmark.
⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022) - Severity 3
"You further agree to defend, indemnify and hold harmless AC PM Parties from all Claims arising from or related to any claims by third parties that Your Messaging Content or Contact Data or Your access to or use of the Service infringes upon, violates or misappropriates any of their intellectual property rights or discloses their proprietary information or any other of their rights (including without limitation privacy rights)."
You must defend and cover Postmark if third parties claim your data or service use infringes their rights.
You could be responsible for legal fees and damages if your content is accused of violating third-party rights.
⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022) - Severity 3
"To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless AC PM from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You."
You must defend and cover Postmark for damages arising from your data, your use of the service, or any breach of terms.
You could be responsible for legal fees and damages if your actions lead to a claim against Postmark.
⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
Silent term changes
- Severity 4
"We may update these Terms from time to time. Unless otherwise required by law, We will notify You of such changes by posting the updated Terms to the Site and updating the “Effective” date above. We may also notify you by sending an email notification to the address associated with Your account or providing notice through the Service. Unless We say otherwise in our notice, the updated Terms will take effect from the “Effective” date above. Once any updated Terms are in effect, You will be bound by them if You continue to access or use the Service."
Postmark can change the terms of service at any time and will notify you by posting updates online or sending an email.
You could be bound by new terms you haven't seen or agreed to if you continue using the service.
⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022) - Severity 4
"We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Service."
Postmark can change the terms of service at any time and will notify you before they go into effect.
You could be bound by new terms you haven't seen or agreed to if you continue using the service.
⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
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