Terms of Service

Last updated: March 2, 2026

1. Acceptance of Terms

By accessing or using ESP Controller (espcontroller.io), operated by Fifth Floor Marketing ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our services.

2. Description of Service

ESP Controller is a software-as-a-service (SaaS) email marketing platform that provides tools for:

Managing email subscriber lists and segments
Creating and sending email campaigns
Tracking email delivery, opens, clicks, and other engagement metrics
Automating newsletter scheduling and content management
Integrating with email delivery services and analytics tools

3. Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Providing accurate and complete account information
Notifying us immediately of any unauthorized use of your account
Completing two-factor authentication setup as required

4. Acceptable Use

You agree NOT to use ESP Controller to:

Send unsolicited commercial email (spam) or violate CAN-SPAM, GDPR, CASL, or other applicable email marketing laws
Send emails to purchased, rented, or scraped email lists
Send content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
Distribute malware, phishing attempts, or fraudulent content
Impersonate any person or entity
Interfere with or disrupt the platform or its infrastructure
Attempt to gain unauthorized access to other accounts or systems
Exceed rate limits or abuse API endpoints

We reserve the right to suspend or terminate accounts that violate these acceptable use policies without prior notice.

5. Data Ownership

Your Data: You retain full ownership of all subscriber data, email content, templates, and other materials you upload or create on the platform.
Our Data: We own the platform, its code, design, analytics algorithms, and aggregate anonymized usage data.
Data Portability: You may export your subscriber data and campaign records at any time during your active subscription.

6. Email Compliance

As a user of ESP Controller, you are solely responsible for ensuring your email campaigns comply with all applicable laws, including but not limited to:

CAN-SPAM Act (United States)
General Data Protection Regulation — GDPR (European Union)
Canada's Anti-Spam Legislation (CASL)
Any other local or international email marketing regulations

All emails sent through the platform must include a valid unsubscribe mechanism, and unsubscribe requests must be honored promptly.

7. Service Availability

We strive to maintain high availability of the ESP Controller platform but do not guarantee uninterrupted service. We are not liable for any downtime, delays, or service interruptions caused by:

Scheduled maintenance (we will provide reasonable advance notice when possible)
Third-party service outages (AWS, Google APIs, etc.)
Force majeure events
Network or infrastructure issues beyond our control

8. Third-Party Integrations

ESP Controller integrates with third-party services including Amazon Web Services, Google APIs, and others. Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability, accuracy, or policies of third-party services.

9. Limitation of Liability

To the maximum extent permitted by law, Fifth Floor Marketing shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or data
Email delivery failures or delays
Damage to sender reputation
Unauthorized access to your account due to your failure to maintain security

Our total liability for any claim arising from or related to these terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Fifth Floor Marketing, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorney's fees) arising from your use of the platform, your violation of these terms, or your violation of any applicable laws or regulations.

11. Termination

By You: You may close your account at any time by contacting us.
By Us: We may suspend or terminate your account for violation of these terms, non-payment, or any reason at our sole discretion with reasonable notice.
Effect of Termination: Upon termination, your right to use the platform ceases immediately. We will retain your data for 30 days after termination, during which you may request an export. After 30 days, your data may be permanently deleted.

12. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be communicated via email or a prominent notice on the platform. Your continued use of the platform after changes take effect constitutes acceptance of the modified terms.

13. Governing Law

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

14. Contact

If you have questions about these Terms of Service, please contact us at: