Terms of Service

1. The Service

Donna connects to one or more email accounts you authorize (each, a "Connected Account") and screens incoming messages from senders who are not already known to you. A message from an unknown sender is held for your review rather than delivered right away. For each held message, you can:

• Release it to your inbox at no charge to the sender;
• Approve the sender, so their future messages arrive without being held; or
• Require the sender to pay a priority fee before the message is delivered.

You may add multiple Connected Accounts to a single Donna account, and you can manage screening rules separately or jointly for each. You control how your inbox is screened and can change or disable these settings at any time. Senders whose messages you release or approve are generally not notified that their message was held. The screening and payment options currently available are described in Section 4, and we may add, adjust, or retire features as the Service evolves.

2. Connecting Your Accounts

You can connect an account to Donna in one of two ways:

• Direct mail routing. You configure your domain's mail records so that incoming mail is screened by Donna before it reaches your inbox. This path uses sender and message metadata to screen incoming mail.
• Provider authorization. You authorize Donna through your email provider's own authorization process (for example, Gmail or Outlook). This path applies retroactively to mail your provider makes available to us, and the scope of access is defined by the permissions that provider grants, which may be broader than the metadata-only access used for direct mail routing. We use that access only to operate the screening features you enable.

You represent that you are the authorized user of each Connected Account and have the right to grant this access. Your use of the underlying email provider remains subject to that provider's own terms of service. Donna is not affiliated with, endorsed by, or sponsored by any third-party email provider.

You may revoke Donna's access to any Connected Account at any time, either within the Service or through your email provider's account permissions.

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. Senders confirm that they meet this requirement when they choose to pay a priority fee. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You agree to provide accurate account information, keep your login credentials secure, and notify us promptly of any unauthorized use of your account. You are responsible for activity that occurs under your account.

4. Priority Fees and Payments

How screening works. When you email a Donna account holder who has not already approved you, your message is held for the account holder's review rather than delivered right away. The account holder can then release your message at no charge, add you to their approved-sender list so your future messages arrive without charge, or require a priority fee before your message is delivered. If your message is released or you are approved, you pay nothing and are generally not prompted for anything further. You are asked to pay only if the account holder requires a priority fee.

Paying to deliver. If a priority fee is required, we will notify you by email with the fee amount and a link to complete payment through our third-party payment processor. Before paying, you will be asked to confirm that you are at least 18 years old and to agree to these Terms and our Privacy Policy. Payment is what causes your message to be delivered: if you pay the fee, your message is delivered to the account holder; if you do not, it is not delivered. Much like postage, the fee covers delivery of your message — it does not guarantee that the recipient will open, read, or respond to it.

No read receipts, no guaranteed response. Paying a priority fee causes your message to be delivered; it does not guarantee that the recipient will open, read, or respond to it. We do not give senders read receipts, and we do not track or report individual message opens or reads. We may measure message activity such as opens and reads only on an aggregated, statistical basis, and we may use and report those aggregated metrics to operate, improve, and modify the Service. Any individual open or read activity is used only to the extent it contributes to those aggregated metrics, as described in our Privacy Policy.

For account holders. If you are a Donna account holder, we will pay out collected priority fees to you, less our service fee, in accordance with the payout terms presented in the Service and subject to these Terms. Payouts are made only from fees actually collected when a sender pays to deliver a message. Before receiving payouts, you may be required to complete identity verification with our third-party payment processor. You are responsible for any taxes owed on amounts you receive, and we may issue tax forms as required by law.

Payment processing. Payments are processed through third-party payment processors. You agree to their applicable terms. Donna is not a bank or a money transmitter; funds are held and disbursed by our payment processors, not by Donna. We do not store full payment card details on our own servers.

Refunds and disputes. Because a priority fee is charged only when you choose to pay to have your message delivered, fees are generally non-refundable once your message has been delivered. Nothing in these Terms limits any rights you may have under applicable law or under the rules of your card network or payment provider, including the right to dispute a charge. If you believe a fee was charged in error, contact us at Legal@ThanksDonna.com and we will review it.

Chargebacks and clawbacks. If a priority fee is reversed, disputed, or charged back after we have paid it out to an account holder, we may deduct the corresponding amount from that account holder's future payouts or, if no future payouts are available, invoice the account holder for it. We may also place a reserve on, or delay, payouts where we reasonably suspect fraud or elevated dispute risk.

Payout information and inactive balances. You are responsible for keeping your payout and bank information current. If a payout fails or cannot be completed — for example, because you closed the receiving bank account — the funds remain in your account with our payment processor until you claim them. Balances in accounts that remain inactive for the period set by applicable state law are handled by our payment processor in accordance with that law, which may include remitting them to your state's unclaimed property program. We do not claim ownership of unclaimed payouts.

5. Your Content

"Your Content" includes messages, sender information, contact rules, and other data processed through the Service across your Connected Accounts. You retain ownership of Your Content. You grant Donna a limited license to access, process, and store Your Content solely to operate and improve the Service, consistent with our Privacy Policy. We do not read or use the substantive content of your email for advertising purposes, and our screening reads only message envelope and header information (such as sender, subject, and timestamp) rather than scanning the body of your messages.

6. Acceptable Use

You agree not to:

• Use the Service to send unlawful, fraudulent, harassing, or deceptive messages;
• Attempt to circumvent Donna's screening or payment mechanisms;
• Use the Service to harvest sender or recipient information for unrelated purposes;
• Interfere with the security or operation of the Service; or
• Use the Service in a way that violates the terms of your underlying email provider.

We may block senders, withhold payouts, suspend accounts, or refuse service to anyone we reasonably believe is violating this section or attempting to abuse the priority-fee mechanism.

7. Subscriptions and Cancellation

In addition to any share we retain from priority fees, we may charge account holders a subscription fee for certain plans or features, as described at the time of purchase.

Automatic renewal. Subscriptions renew automatically at the then-current price for successive billing periods until cancelled. Before you subscribe, we will disclose the renewal terms, billing frequency, and price clearly and conspicuously, and we will obtain your affirmative consent to those terms. We will send you an acknowledgment of those terms after you subscribe, and advance notice of renewals or price increases where required by law.

Cancellation. You may cancel your subscription at any time through your account settings in the Service — using the same method by which you subscribed — or by emailing Legal@ThanksDonna.com. Cancellation takes effect at the end of your current billing period, and you retain access until then. Except where required by law, subscription fees already paid are not refunded on a pro-rated basis.

8. Intellectual Property

Ownership. The Service, including all of its software, source code, algorithms, screening and priority-fee logic, user interfaces, designs, text, graphics, and other content we provide (excluding Your Content), together with all patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the foregoing, is and remains the exclusive property of Thanks Donna, LLC and its licensors. These Terms do not transfer any ownership interest in the Service to you.

Trademarks. "Thanks Donna," "Donna," the Donna name and logo, and related marks and trade dress are trademarks of Thanks Donna, LLC. You may not use these marks without our prior written permission, and nothing in these Terms grants you any right to do so. You may not remove, obscure, or alter any proprietary notices displayed in or on the Service.

Limited license to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for its intended purpose. This license exists only for as long as these Terms remain in effect, and confers no rights beyond those expressly stated.

Restrictions. Except as expressly permitted by these Terms or applicable law, you may not, and may not permit others to:

• Copy, modify, adapt, translate, or create derivative works of the Service;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, or algorithms of the Service;
• Access or use the Service to build, train, or improve a competing product or service, or to replicate its features or functionality;
• Rent, lease, lend, sell, sublicense, or otherwise commercialize the Service or any part of it;
• Scrape, harvest, or systematically extract data from the Service other than through functionality we expressly provide; or
• Circumvent, disable, or interfere with any technical protections, usage limits, or security features of the Service.

Feedback. If you send us suggestions, ideas, or other feedback about the Service, you grant Thanks Donna, LLC a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback into the Service without any obligation or compensation to you. This does not affect your ownership of Your Content under Section 5.

Reservation of rights. All rights not expressly granted to you in these Terms are reserved by Thanks Donna, LLC and its licensors.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT GUARANTEE THAT THE SERVICE WILL CORRECTLY IDENTIFY, SCREEN, OR DELIVER EVERY MESSAGE, OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, DONNA WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, MISSED MESSAGES, OR LOST OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500).

These limitations do not apply to liability for fraud, gross negligence, willful misconduct, or personal injury, or to any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify and hold Thanks Donna, LLC harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, misuse of the Service, or the content of messages you send or receive through the Service.

12. Term and Termination

You may disconnect any or all of your Connected Accounts and stop using the Service at any time.

We may suspend or terminate your access if you materially breach these Terms, engage in fraud or abuse, or as needed to comply with law or protect the Service and its users.

We may also suspend or terminate your access, or discontinue the Service in whole or in part, at our discretion and for any reason, on reasonable advance notice where practicable. If we terminate your account under this paragraph and you are not in breach, we will pay out any priority fees collected on your behalf that remain due to you and provide any subscription refund required by law.

Sections 5, 8, 9, 10, 11, 13, and 15 survive termination.

13. Governing Law, Arbitration, and Class Action Waiver

Governing law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Informal resolution first. Before starting an arbitration, you agree to email us at Legal@ThanksDonna.com with a written description of the dispute and to give us 30 days to resolve it informally. We agree to do the same before bringing a claim against you.

Binding arbitration. If we cannot resolve a dispute informally, you and Donna agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The arbitration will take place in Pinellas County, Florida, or — at your election — by telephone, by videoconference, or on documents only. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Arbitration fees. We will pay arbitration filing and administrative fees to the extent required by the AAA Consumer Arbitration Rules, and will consider requests to cover your share of fees where those rules do not require us to.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive or other equitable relief in the state or federal courts located in Pinellas County, Florida, to protect its intellectual property or confidential information. For any dispute not subject to arbitration, you consent to the exclusive jurisdiction and venue of those courts.

Class action waiver. YOU AND DONNA AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING. If this class action waiver is found unenforceable as to a particular claim, that claim must proceed in court rather than in arbitration, and the remainder of this section still applies to all other claims.

Your right to opt out. You may opt out of this arbitration agreement by emailing Legal@ThanksDonna.com within 30 days of first accepting these Terms, stating your name, the email address on your account, and that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

14. Changes to These Terms

We may update these Terms from time to time. We will provide notice of material changes, such as by posting an updated version or notifying you through the Service. Continued use after changes take effect constitutes acceptance.

15. General

Electronic communications. You consent to receive notices, disclosures, and agreements from us electronically, by email or through the Service, and agree that this satisfies any legal requirement that such communications be in writing.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including email provider outages, network or infrastructure failures, natural disasters, or government action.

Miscellaneous. If any provision of these Terms is unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy, are the entire agreement between you and Donna regarding the Service.

16. Contact Us

Questions about these Terms can be sent to Legal@ThanksDonna.com or: