Terms of Service
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1. Acceptance of Terms
By accessing or using the Distill platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.
“Distill” refers to the platform operated by Distill (“we”, “us”, “our”), incorporated in [State, Country]. These Terms constitute a legally binding agreement between you (the “User” or “you”) and Distill.
By registering for an account or using the Service, you represent that you have the authority to enter into this agreement, whether on behalf of yourself or an organization. If you are entering into this agreement on behalf of an organization, “you” means that organization.
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2. Description of Service
Distill is an AI-powered newsletter platform that helps professionals create, manage, and send curated newsletters to their audiences. The Service includes:
- Link collection: Collect and organize articles, social posts, videos, and other web content
- AI-powered content summarization: Automatic summarization of submitted links using Google Gemini
- Newsletter editor: Compose and organize content into professional newsletters
- Subscriber list management: Manage your audience, segment lists, and track subscriber consent
- Email delivery: Send newsletters via Amazon Simple Email Service (SES) using your verified sending domain
- Analytics and tracking: Open rates, click rates, bounce and complaint monitoring
We reserve the right to modify, add, or remove features of the Service at any time. We will provide reasonable notice of significant changes.
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3. Account Registration
To use Distill, you must register for an account. By registering, you agree to:
- Provide accurate information: All registration information must be truthful, accurate, and up to date. You may not create an account using a false identity or misrepresent your affiliation.
- Maintain one account: Each person or organization may maintain only one active account. Creating multiple accounts to circumvent service limits is prohibited.
- Protect your credentials: You are responsible for maintaining the confidentiality of your password and for all activity occurring under your account.
- Meet the age requirement: You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to create an account.
- Report unauthorized access: You must notify us immediately at hello@distill.ink of any unauthorized use of your account or breach of security.
We reserve the right to suspend or terminate accounts that violate these registration requirements or our Acceptable Use Policy.
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4. Acceptable Use Policy
Distill operates email sending infrastructure provided by Amazon Web Services. To protect the reputation of our shared sending infrastructure and maintain deliverability for all users, you are strictly prohibited from using the Service to:
- Send to purchased, rented, or harvested lists: Every recipient must have explicitly opted in to receive emails from you. Purchased, rented, or scraped email lists are strictly prohibited.
- Send unsolicited bulk email (spam): Sending emails to recipients who have not given clear, verifiable consent to receive your communications is prohibited.
- Ignore bounce and unsubscribe requirements: Failing to comply with bounce notifications, spam complaints, or unsubscribe requests is a violation of these Terms and applicable law.
- Use deceptive headers or subject lines: All emails must accurately identify the sender, use honest subject lines, and include valid “From” and “Reply-To” information.
- Impersonate any person or entity: You may not impersonate another individual, company, or organization in your email communications.
- Send harmful, illegal, or abusive content: Content that is illegal, threatening, harassing, defamatory, obscene, or that infringes intellectual property rights is prohibited.
- Circumvent sending limits or rate controls: Attempting to bypass or work around plan-based sending limits, rate controls, or sending restrictions is prohibited.
- Distribute malware or phishing content: Using the Service to send malicious links, phishing attempts, or content designed to deceive recipients into disclosing sensitive information is strictly prohibited.
- Interfere with the Service infrastructure: Attempting to probe, scan, or test vulnerabilities in our systems, or engaging in denial-of-service attacks, is prohibited.
Consequences: Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund, at our sole discretion. Serious violations may be reported to relevant authorities.
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5. Email Sending Responsibilities
When you send newsletters through Distill to your subscribers, you are the sender under applicable email laws including the CAN-SPAM Act and CASL. You are solely responsible for compliance with all applicable regulations. Your responsibilities include:
- Physical mailing address: Include a valid physical postal address in every commercial email you send.
- Honest subject lines: Use clear, non-deceptive subject lines that accurately reflect the content of the email.
- Advertisement identification: Identify messages as advertisements where applicable under CAN-SPAM.
- Unsubscribe compliance: Honor all unsubscribe requests within 10 business days. The Distill platform processes unsubscribes automatically — you must not attempt to re-add unsubscribed users.
- Sender identity: Do not send emails using another person’s email address or domain without their explicit permission.
See our Privacy Policy for information on how we handle email tracking data collected from your newsletters.
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6. Subscriber Data and Consent
All subscribers in your Distill lists must have given explicit, verifiable consent to receive email communications from you. By using the email sending features of Distill, you represent and warrant that:
- Every subscriber on your lists has voluntarily opted in to receive emails from you or your organization
- You maintain records of how and when each subscriber provided consent
- You will promptly remove any subscriber who withdraws consent or submits an unsubscribe request
- You will not add subscribers to your lists without their knowledge or consent
- You will not import or use any subscriber lists that were purchased, rented, or obtained from third parties without verifiable opt-in consent
Distill reserves the right to audit subscriber consent records and to require evidence of consent upon request. Failure to provide satisfactory evidence of consent may result in suspension of sending capabilities or account termination.
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7. Data Processing
When you manage subscriber lists and send newsletters through Distill, Distill acts as a data processor on your behalf. You remain the data controller for your subscribers’ personal data.
As a data processor, we:
- Process subscriber data only according to your instructions — specifically, delivering newsletters to the lists you specify
- Do not use your subscribers’ data for our own marketing or share it with third parties beyond what is necessary to deliver the Service
- Maintain appropriate technical and organizational security measures to protect subscriber data
- Assist you in responding to data subject requests (access, deletion, portability) related to your subscribers
See our Privacy Policy for full details on data handling practices, sub-processors, data retention periods, and international data transfers.
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8. Bounce and Complaint Thresholds
Distill delivers email through Amazon Web Services Simple Email Service (SES). AWS imposes strict thresholds on bounce rates and spam complaint rates to protect email deliverability. You are responsible for maintaining your sending metrics within these limits.
- Bounce Rate — Maximum: 2%
- A “bounce” occurs when an email cannot be delivered to a recipient’s address (e.g., the address does not exist). Maintaining a clean, verified subscriber list is the primary way to keep bounce rates low. Your bounce rate must remain below 2%.
- Spam Complaint Rate — Maximum: 0.1%
- A spam complaint occurs when a recipient marks your email as spam in their email client. Sending relevant content only to consented subscribers is the primary way to keep complaint rates low. Your complaint rate must remain below 0.1%.
Distill monitors these metrics automatically on your behalf. If your sending metrics approach or exceed these thresholds, the following process applies:
- Warning notification: You will receive an email alert when metrics approach threshold limits
- Temporary sending suspension: If thresholds are exceeded, outbound sending will be automatically paused
- Account review: Our team will review your account and work with you to resolve the underlying cause
- Account termination: Persistent violations or failure to remediate issues may result in permanent account termination
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9. Billing and Payments
Distill offers subscription plans billed on a monthly or annual cycle, as selected at signup or changed in your account settings. By subscribing to a paid plan, you agree to the following:
- Payment processing: All payments are processed by Stripe. Your payment information is handled directly by Stripe and is subject to their terms and privacy policy. We do not store your full payment card details.
- Price changes: We reserve the right to change subscription prices. We will provide at least 30 days advance notice of any price changes via email before they take effect.
- Refund policy: Refunds are at our discretion. We do not provide prorated refunds for cancellations made mid-billing cycle. If you believe a charge was made in error, contact us within 30 days.
- Failed payments: If a payment fails, we will notify you and provide a grace period to update your payment method. After the grace period expires without a successful payment, the Service may be suspended until payment is received.
- Cancellation: You may cancel your subscription at any time via your account settings. Your access will continue until the end of the current billing period.
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10. Service Limits
Your use of Distill is subject to usage limits based on your subscription plan, including but not limited to limits on the number of subscribers, email sends per month, and workspaces. See our Pricing page for current plan limits and included features.
Distill may enforce service limits automatically (such as blocking sends after a monthly limit is reached) or via notification prompting you to upgrade your plan. We reserve the right to:
- Enforce plan limits at any time
- Modify plan limits with 30 days notice
- Offer temporary limit increases at our discretion
- Require plan upgrades to maintain service for accounts that consistently exceed limits
If your usage requirements change, you can upgrade your plan at any time from your account settings. Upgraded limits take effect immediately.
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11. Intellectual Property
Distill’s intellectual property
The Distill platform, including its software, branding, visual design, documentation, and underlying technology, is owned by Distill and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the platform without our express written permission.
Your content
Content you create using Distill — including your newsletter text, curated links, subscriber lists, and workspace configurations — remains your property. You retain all ownership rights to your content.
License to Distill
By using Distill, you grant us a limited, non-exclusive, royalty-free license to process, store, and transmit your content solely for the purpose of providing the Service to you. We do not use your content for any other purpose.
AI-generated summaries
AI-generated summaries and content produced by processing your submitted links belong to you. We retain no rights to AI-generated outputs created from your content. You are responsible for ensuring you have the right to submit links for AI processing.
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12. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, error-free, or available at all times
- Email deliverability will meet any specific threshold (deliverability depends on many factors outside our control)
- AI-generated summaries will be accurate, complete, or suitable for your specific purposes
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISTILL SHALL NOT BE LIABLE FOR:
- Email deliverability issues arising from recipient mail server policies or reputation factors beyond our control
- Outages or failures of third-party services (Amazon SES, Stripe, Google Gemini, Firecrawl, Vercel, or Supabase)
- Loss of data beyond our stated retention policies
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of revenue, profits, or business opportunities
IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO DISTILL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.
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13. Termination
Cancellation by you
You may cancel your Distill account at any time via the account settings page. Cancellation takes effect at the end of your current billing period. After cancellation, your data is retained per our Privacy Policy retention schedule, after which it is permanently deleted. We strongly recommend exporting your data before canceling.
Termination by Distill
We may suspend or terminate your account, with or without notice, if:
- You violate the Acceptable Use Policy or any provision of these Terms
- Payment for your subscription remains outstanding after the grace period
- Your account has been inactive for 12 or more consecutive months
- We are required to do so by applicable law or court order
- Your sending practices pose a risk to our shared email infrastructure
Effect of termination
Upon termination, your right to access and use the Service ceases immediately. Your data will be retained per our Privacy Policy retention schedule and then permanently deleted. Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, and limitation of liability) will continue to apply.
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14. Changes to Terms
We may update these Terms of Service from time to time. When we make material changes — such as modifying the Acceptable Use Policy, changing liability provisions, or altering how billing works — we will:
- Update the “Last updated” date at the top of this page
- Send an email notification to all registered users at least 30 days before the changes take effect
For minor clarifications, editorial corrections, or changes that do not materially affect your rights or obligations, we may post the updated Terms without separate notification.
Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the revised Terms. If you disagree with changes to these Terms, you must stop using the Service and may cancel your account at any time. To discuss concerns about proposed changes, contact us at legal@distill.ink.
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15. Contact Us
If you have questions about these Terms of Service, the Acceptable Use Policy, or your rights and obligations under this agreement, please contact us:
Legal Inquiries
Email: legal@distill.ink
For questions about Terms of Service, Acceptable Use Policy, or legal matters
Mailing Address
[Company Address]
We aim to respond to all inquiries within 5 business days. For urgent matters related to account suspension or security concerns, please indicate the urgency in your subject line.