Terms of Service

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Table of Contents

These Terms of Service (“Terms”) govern your access to and use of all products and services offered by Actually Reliable LLC. Accessing or using our Services in any way — including creating an account or clicking “I agree” — constitutes your acceptance of these Terms. Accounts found in violation of these Terms, including our Acceptable Use requirements, may be suspended or terminated.

Dispute Resolution Notice: These Terms contain a binding arbitration provision and a class action waiver. Please review the Dispute Resolution section carefully before using our Services.

These Terms may be revised at any time. For material revisions, we will update the date shown at the top of this page and send notice to the email address associated with your account. You may also track changes via our legal repository on GitHub .

Definitions

“Company”, “we”, “our”, or “us” refers to Actually Reliable LLC in all of our policies and terms.

“Services” means the websites and software products created and operated by Actually Reliable LLC, including cohesivemail.com, orchestratemail.com, guidedhelpdesk.com, resolutedns.com, and actuallyreliable.com, and the products CohesiveMail, OrchestrateMail, GuidedHelpDesk, and ResoluteDNS, across all delivery formats including web, desktop, and mobile.

“You” or “your” means any individual or organization that holds an Actually Reliable LLC account.

Account Ownership: Where the Account was created on behalf of a legal entity, that entity owns the Account. Where no legal entity was identified at signup, ownership belongs to the individual who registered.

“Account Owner”: The registrant is designated the primary Account Owner by default. This designation can be transferred at any time. Where a legal entity owns the Account, that entity retains ultimate ownership of the Account and all associated data.

Transferring Ownership. Account Ownership transfers must be initiated by the current Account Owner through our Support team. We will verify the identities of both parties before completing any transfer. The incoming owner — whether an existing user or a new registrant — must affirmatively accept the transfer and agree to these Terms.

Account Terms

Eligibility. Our Services are available only to individuals who are at least 18 years old, or the age of majority in their jurisdiction, whichever is higher. Using our Services is a representation that you satisfy this requirement.

  1. You bear full responsibility for keeping your Account and credentials secure, and for ensuring any users on your Account do the same. The Company assumes no liability for losses arising from a failure to maintain account security. See our Liability section. We strongly encourage enabling two-factor authentication on all accounts.

  2. You are accountable for all content submitted and all activity occurring under your Account, including actions taken by users, agents, or automated bots operating within your Account.

  3. Verifying Support Requests. To prevent unauthorized account access, support requests that require account verification must originate from one of the following:

    • The recovery email address registered to your account, or
    • A CohesiveMail mailbox linked to your account (for organizations using our CohesiveMail service)

    Requests from unverified addresses may be declined or placed on hold pending identity confirmation. We may require additional verification steps in exceptional circumstances.

Acceptable Use

Our Services may only be used for lawful purposes and in compliance with all applicable laws and regulations. You agree not to use our Services for any purpose prohibited by the export control or sanctions laws of the United States, United Kingdom, or European Union.

We reserve the right to decline or terminate service to any individual or entity that is itself subject to sanctions, or that is located in a jurisdiction subject to sanctions under U.S., U.K., or E.U. law.

You may not use our Services in any way that degrades, disrupts, or interferes with the proper operation of our systems or networks, or that impairs other users’ ability to use our Services. Uploading or transmitting malware, viruses, or any other destructive or harmful code is prohibited.

Payment, Refunds, and Plan Changes

  1. Where a paid Service includes a free trial, the trial duration is disclosed at signup. When the trial ends, continued access requires payment in advance. Accounts that are not upgraded to a paid plan will be frozen and made inaccessible. Accounts that remain frozen for an extended period will be queued for automatic cancellation. See How to Cancel for more information.

  2. Plan upgrades and downgrades take effect at the start of the next billing cycle.

  3. All fees are stated exclusive of applicable taxes, levies, and duties. Where legally required, we will collect and remit applicable taxes on your behalf. You remain responsible for any taxes we are not legally required to collect. Prices shown on our product websites do not include sales tax or VAT. We will update this provision as relevant regulations change.

    Organizations claiming tax-exempt status must provide supporting documentation to our Support team :

    • U.S. organizations: State-level tax exemption documentation (a federal IRS exemption letter may not be sufficient, as individual states vary in their recognition of federal exemptions)
    • Non-U.S. organizations: Official exemption documentation issued by the relevant authority in your jurisdiction

    If you need to update your billing address to reflect a non-taxable jurisdiction, you can do so in Account & Billing . Re-entering your payment card details may be required as part of this process.

  4. Refunds are governed by our Refund Policy below.

Refund Policy

Cases where we will issue a full refund:

  • You were billed for the next subscription period immediately before canceling and request a refund within 5 days of the charge.
  • You neglected to cancel your account and have not used it since the last charge — we will refund up to 3 months of unused fees.
  • You tried one of our products and were not satisfied — we will return your payment.

Cases where we may issue a partial refund or credit:

  • You forgot to cancel more than 3 months ago, but your account has seen some activity — we will review your usage history and offer a proportionate partial refund.
  • You upgraded to a higher plan, continued using the account, but did not make use of the additional capacity or features — we will apply a prorated credit toward future billing.
  • We experienced significant service downtime (multiple hours within a single day, or across multiple days in a month), or our support team took multiple days to respond to your inquiry — we will apply a partial credit to your account.

These refund commitments are voluntary commercial terms extended as a matter of good customer service and do not represent an admission of fault or legal liability.

Cancellation and Termination

How to Cancel

Customers should stay because they want to, not because cancellation is difficult. Account Owners may cancel their subscription at any time through Account & Billing .

Cancellation is the sole responsibility of the Account Owner. We cannot process cancellations requested by anyone other than the Account Owner. If you are unsure who the Account Owner is, contact our Support team and we will reach out to the registered owner on file.

Cancellation requests submitted by email or phone are not automatically effective. If you need assistance, our Support team can guide you through the process.

What Happens When You Cancel

  • Immediate effect: Cancellation takes effect at the time it is submitted. You will not be billed again. Unused time remaining in the current billing period is not automatically refunded. See our Refund Policy for eligibility.

  • Data deletion: Your content becomes inaccessible immediately upon cancellation and will be permanently deleted in accordance with our Data Retention policy. While backups are maintained for disaster recovery purposes, we make no guarantee about the integrity or recoverability of any specific backup. Data recovery services are not available once content has been permanently deleted. If you wish to export your data before canceling, see our data export instructions .

Company-Initiated Cancellations

We may close accounts that have remained inactive for an extended period:

  • Trial Accounts: 30 days after a trial expires without conversion to a paid plan
  • Frozen Accounts: 180 days after being frozen due to a billing failure

Termination for Cause

We reserve the right to suspend or permanently terminate any account, and to refuse current or future access to our Services, for any reason and at any time. This includes immediate termination in response to verbal, physical, written, or other abusive conduct — including threats — directed at any Company employee or officer.

Suspension means the Account Owner and all associated users lose access to the Account and its contents. Termination additionally results in permanent deletion of the Account, all access rights, and all stored content.

We also reserve the right to decline to provide Services to any person or entity, for any reason, at any time.

Notice Before Termination. For terminations that are not related to abuse, policy violations, or illegal conduct, we will provide at least 30 days advance notice to the email address on record. During this period, you may export your data using our data export instructions .

Modifications to the Service and Prices

  1. We are committed to supporting our Services for the long term , and will continue to maintain security, privacy protections, and customer support for any legacy Services. That said, we may need to change, discontinue, or restrict features as technical circumstances evolve or product decisions change. We reserve the right to modify or discontinue any aspect of our Services — temporarily or permanently — with or without notice, subject to the Termination Notice provision for account closures unrelated to abuse or violations.

  2. We may revise our pricing from time to time. When this happens, we generally honor existing pricing for current customers, but we reserve the right to apply price changes to existing accounts. If we do, we will give at least 30 days advance notice via the email address on record. We may also post notice of pricing changes on our websites or within the affected Services.

Until the End of the Internet

Actually Reliable LLC is built to last. We are committed to supporting our Services for the long haul — until the last customer no longer needs us. When you sign up, you can count on us being here.

Legacy Phase Support

Should any of our products enter a legacy phase, you will be able to continue using it indefinitely, so long as your Account remains active and in compliance with these Terms. During a legacy phase, we will continue to provide:

  • Security updates and infrastructure maintenance
  • Privacy protections
  • Customer support

We will do our best to preserve existing functionality, except where changes to third-party systems, browser platforms, or other factors outside our control make it technically impossible to do so.

Acquisitions and Spin-offs

If Actually Reliable LLC or any of our products is acquired by or spun off into another company, we will make every reasonable effort to carry this long-term commitment forward.

Uptime, Security, and Privacy

  1. Your use of our Services is at your own risk. We provide the Services on an “as is” and “as available” basis. Although we work hard to maintain high availability, we do not guarantee uninterrupted access and reserve the right to take Services offline for maintenance or security work, with reasonable advance notice where possible. We do not offer formal service-level agreements, though we take uptime seriously. Current status is always available at status.actuallyreliable.com .

    Nothing in our marketing materials or on our product websites constitutes a guarantee of uptime or service availability.

  2. We reserve the right to temporarily restrict your Account if your usage materially exceeds the average usage of other customers. We will contact the Account Owner before taking action except in situations where usage levels are actively impairing the experience of other customers, in which case we may act without prior notice.

  3. We employ a broad range of technical and organizational measures to protect your data. For full details on our security practices, encryption standards, backup procedures, and infrastructure, see our Security Overview .

  4. You agree that Actually Reliable LLC may process your data as described in our Privacy Policy , and for no other purpose.

When we access your data

There are limited circumstances under which our staff may access your data:

  • To respond to a support request you have submitted. We will ask for your explicit consent before accessing your Account.
  • To resolve errors that interrupt an automated process. We receive automated alerts when such errors occur. Wherever possible, we resolve them without examining personal data. In rare cases, a minimal review of personal data is necessary to diagnose and fix the issue.
  • To protect Actually Reliable LLC and its customers. We review logs and metadata as part of ongoing security monitoring. Where necessary, we may access Accounts in connection with investigating a reported abuse incident.
  • Where required by law. As a U.S.-based company with infrastructure located in the United States, we disclose or preserve customer data only when compelled by a valid court order from a U.S. governmental authority, or in limited circumstances involving emergency requests under the Stored Communications Act. When non-U.S. authorities seek our cooperation, our default position is to decline, unless the request has been routed through a recognized mutual legal assistance treaty or equivalent mechanism approved by the U.S. government. In the event of a tax audit, we share only the minimum billing information necessary to complete the audit.
  1. We rely on third-party vendors and infrastructure providers to deliver the hardware, software, networking, storage, and related services that power our products. A full list of these providers is available on our subprocessors page .

  2. Under the California Consumer Privacy Act (“CCPA”), Actually Reliable LLC acts as a “service provider” — not a “business” or “third party” — with respect to data processed through our Services. We process data you share with us only for the purposes for which you enrolled and as described in these Terms, our Privacy Policy , and our other policies . We do not retain, use, disclose, or sell that data for any other commercial purpose without your explicit consent. You similarly agree to comply with your own CCPA obligations and not to use our Services in a manner that would cause us to violate those regulations.

  3. These Terms incorporate our Data Processing Addendum (“DPA”) when the EU General Data Protection Regulation (“GDPR”) or United Kingdom General Data Protection Regulation (“UK GDPR”) applies to your use of our Services in connection with Customer Data as defined in the DPA. The DPA supersedes any previously executed data processing addendum between you and Actually Reliable LLC.

All content submitted to our Services must comply with applicable U.S. copyright law, including fair use principles .

  1. DMCA Takedown Notices. If you believe content hosted on our Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) . To be valid, your notice must include:

    • The physical or electronic signature of a person authorized to act on behalf of the copyright owner
    • Identification of the copyrighted work(s) you claim have been infringed
    • Identification of the allegedly infringing material and its location within our Services
    • Your contact details (email preferred)
    • A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law
    • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

    Submit notices to: copyright-report@actuallyreliable.com

    Counter-Notifications. If you believe content was removed from our Services in error, you may submit a DMCA counter-notification including:

    • Your physical or electronic signature
    • Identification of the material that was removed
    • A description of where the material appeared before removal
    • Your contact details (email preferred)
    • A statement, made under penalty of perjury, that you have a good faith belief the material was removed by mistake or misidentification
    • A statement that you consent to the jurisdiction of the federal or state courts in Ohio

    Submit counter-notices to: copyright-report@actuallyreliable.com

  2. By submitting content to our Services, you grant the Company a limited license to use that content solely for the purpose of providing the Services to you. We assert no ownership claim over your materials. Everything you submit remains yours.

  3. We do not review content before it is posted, but we reserve the right — without obligation — to remove or refuse any content available through our Services at our sole discretion.

  4. The Company and its licensors hold all rights, title, and interest in the Services, including all intellectual property rights. Your use of the Services grants you no ownership interest in them. Reproducing, copying, or reusing any portion of the HTML, CSS, JavaScript, or visual design of our Services requires our express written permission. Use of Company or product logos for promotional purposes likewise requires prior written authorization — please contact us to request it. We may revoke any granted permissions if these Terms are violated.

  5. You agree not to reproduce, copy, resell, or otherwise exploit any portion of the Services — including access to or use of the Services — without our express written consent.

Services Adaptations and API Terms

We provide Application Programming Interfaces (“APIs”) for certain Services (currently CohesiveMail, OrchestrateMail, GuidedHelpDesk, and ResoluteDNS). All API usage, whether direct or through a third-party integration, is subject to these Terms plus the following additional terms:

  1. API use is subject to the limitations described in the Liability section of these Terms.

  2. Third-party applications may not use our API to remotely record, monitor, or report on a Service user’s activity — other than for time tracking purposes — whether inside or outside our applications. The Company will determine, at its sole discretion, whether an integration violates this provision. Integrations built for the purpose of covert user monitoring will be required to be removed.

  3. Abusive or excessively frequent API requests may result in temporary or permanent suspension of API access. What constitutes abuse or excessive use is determined by the Company at its sole discretion. We will attempt to notify the Account Owner before suspending access. Where API usage is causing or risking service degradation, we may suspend access immediately and without prior notice.

Liability

Limitation of Liability. To the fullest extent permitted by applicable law, the Company shall not be liable to you or any third party for:

  • Losses or damages of any kind arising from your use of the Services, API, or any third-party integrations
  • Inability to access your data, or unauthorized access to your data or Account
  • Damages caused by the actions of any third party using the Services
  • Losses resulting from your failure to maintain account security or fulfill your obligations under these Terms
  • Any other loss or damage arising in connection with these Terms or the Services

Monetary Cap. In no event shall the Company’s total aggregate liability to you exceed the total amount you paid to the Company for the specific Services giving rise to the claim during the six months immediately preceding the event that gave rise to liability.

Force Majeure. The Company will not be liable for any failure or delay caused by circumstances outside our reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, embargoes, governmental action, fires, floods, accidents, labor disputes, or shortages of transportation, fuel, energy, or materials.

Miscellaneous

Should any provision of these Terms be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. These Terms represent the complete agreement between you and Actually Reliable LLC with respect to your use of the Services. Our failure to enforce any provision at any time does not constitute a waiver of our right to enforce it in the future.

Survival. The provisions relating to Liability, Governing Law, and Dispute Resolution will survive any termination of these Terms.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Ohio, without application of any conflict of law rules that would result in the application of the laws of another jurisdiction.

Dispute Resolution

The procedures described in this section apply independently of any other notice periods referenced elsewhere in these Terms, including the Termination Notice provision.

Informal Resolution

We prefer to resolve disputes without formal proceedings. If you have a concern, please reach out to our Support team first. We will make a genuine effort to address your issue promptly and fairly.

Binding Arbitration

If informal resolution is unsuccessful, you and Actually Reliable LLC agree that any dispute arising out of or relating to these Terms or your use of the Services — other than small claims disputes as described below — will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Unless both parties agree otherwise, arbitration proceedings will be held in Ohio.

Class Action Waiver

YOU AGREE THAT ALL CLAIMS AND DISPUTES WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR ACTUALLY RELIABLE LLC WILL PARTICIPATE IN ANY CLASS ACTION, MASS ARBITRATION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

Small Claims Exception

Either party may bring an individual claim in small claims court where the amount in dispute is $5,000 or less. This exception does not apply if claims are combined or aggregated to exceed the $5,000 threshold.

Costs of Arbitration

Each party is responsible for its own legal costs and attorneys’ fees in any arbitration proceeding. The arbitrator may award costs and fees to the prevailing party if the arbitrator concludes that a claim or defense was frivolous or pursued in bad faith.


If you have any questions about these Terms, please contact our Support team .

Contact Information

Thank you for using Actually Reliable LLC’s Services.