These Terms of Use govern access to and use of PDQ, an email marketing service operated by Asporea Digital Pty Ltd (ABN 48 653 431 479). By creating an account, buying a plan or using PDQ, you agree to these Terms. If you act for an organisation, you confirm that you are authorised to accept them on its behalf.
1. About PDQ
PDQ provides tools for managing subscribers, creating email content, sending campaigns, building automated follow-ups and reviewing campaign performance. PDQ operates from Australia. Its primary application, customer and subscriber data is hosted in the United States.
2. Eligibility and accounts
You must be at least 18 years old and legally able to enter a contract. You must provide accurate account and billing information, keep it current, protect login details, use appropriate team access controls and tell us promptly if you suspect unauthorised access. You are responsible for activity through your account except where it results from our failure to take reasonable care.
3. Plans and service limits
PDQ offers free and paid plans. Core email marketing capabilities are available across the plan range. Subscriber capacity, monthly sending allowance, included seats, support level and specified business or enterprise capabilities vary. Current limits and prices appear on the Pricing Plans page; the plan and total shown at checkout apply to your order.
You are responsible for selecting a suitable plan. Plan a migration recommendations are informational and depend on the information you provide. Reasonable operational limits may be applied to protect PDQ, its sending infrastructure and customers.
4. Currency, tax and payment
Published prices are in Australian dollars (AUD) and exclude GST; applicable GST is added at checkout for Australian customers. Payments are processed by Stripe. By purchasing, you authorise Stripe and PDQ's operator to process the charges displayed at checkout. PDQ does not store complete payment-card details.
5. Billing periods and renewal
The available billing period is shown before purchase. A recurring subscription renews automatically unless cancelled before renewal. The next renewal amount includes applicable tax and any properly notified price change.
6. Sending allowances
Each plan includes a published monthly sending allowance. Sending beyond it is not included unless an additional option and price are shown and accepted before purchase. Otherwise sending may pause until the allowance resets or the account moves to a suitable plan.
7. Changing or cancelling a plan
You may cancel a recurring plan before renewal. Cancellation stops future renewal charges; paid entitlements continue to the end of the current paid period. A plan change follows the options and effective date shown in the account or confirmed by support. Automatic proration is not promised unless a prorated amount is shown and accepted.
Except where required by law, a charge for a billing period already started is not refundable merely because an account is cancelled, downgraded or unused.
8. Failed payments
If payment fails, PDQ or Stripe may retry it and notify you. Paid entitlements may be restricted, suspended or removed if payment remains outstanding. You remain responsible for charges properly incurred before cancellation or suspension.
9. Lawful subscriber data and consent
You must have the lawful basis and consent required to collect, store and contact every subscriber. You must accurately identify yourself, retain evidence of consent where required, provide working unsubscribe facilities, honour suppression and privacy requests, and comply with applicable communications and privacy laws.
10. Prohibited use
You must not use PDQ for unsolicited communications, purchased or scraped lists, deceptive or unlawful content, phishing, impersonation, malware, infringement, evading suppression controls, compromising infrastructure or damaging sending reputation. Suspected abuse may be investigated and proportionate protective action taken.
11. Your content and data
You retain ownership of the content and data you upload. You grant the limited rights needed to host, process and transmit it to operate PDQ, deliver campaigns, provide support, prevent abuse and comply with law. You confirm you hold the necessary rights and permissions.
12. Email delivery and connected services
PDQ operates its own delivery infrastructure. Customers may also configure supported third-party delivery services. Delivery depends on recipient servers, filtering, reputation, configuration and other factors outside our control. Delivery time, inbox placement, open rates, click rates and campaign results are not guaranteed.
Third-party terms, fees, privacy practices and limits apply to services you enable. We are not responsible for those services except where required by law or where loss is caused by our own failure to take reasonable care.
13. Security and account protection
Reasonable measures are used to protect PDQ and personal information, but no internet service can guarantee absolute security or uninterrupted availability. You are responsible for secure credentials, appropriate team access and the security of connected systems.
14. Service availability and changes
PDQ may be unavailable during maintenance, faults, security events or circumstances outside reasonable control. PDQ may be updated for functionality, security, performance or legal compliance. Material reductions to a paid service during a prepaid term will receive reasonable notice unless urgent action is needed for security, law or service integrity.
15. Suspension and termination
An account may be restricted or suspended where reasonably necessary for non-payment, suspected unlawful or prohibited use, protection of recipients or infrastructure, legal requirements or a material breach. Where appropriate, notice and a reasonable opportunity to remedy will be given. Immediate action may be taken where delay creates material risk.
16. Data after account closure
After closure, customer, subscriber and campaign data is removed from the live system within 30 days; remaining backup copies expire within 90 days; and required invoice, payment and financial records may be retained for seven years. Export information you need before closing. Longer retention may apply where required by law or reasonably necessary for disputes, fraud, abuse or security investigations.
17. Privacy
The PDQ Privacy Policy explains how personal information is handled.
18. Intellectual property
PDQ, its interface, software, documentation and brand materials are owned by or licensed to its operator. These Terms do not transfer ownership. You must not copy, resell, reverse engineer, bypass, interfere with or create derivative works except where law or written agreement permits.
19. Australian Consumer Law
Nothing in these Terms excludes or limits rights and remedies that cannot lawfully be excluded. Where a business service is not ordinarily acquired for personal, domestic or household use and law permits, liability may be limited to supplying the service again or paying the reasonable cost of doing so.
20. Other liability
To the maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of profit or opportunity, recipient filtering, or a third-party service outside our control. This does not apply where liability cannot be excluded or to fraud, wilful misconduct or a failure to exercise reasonable care where the law prohibits exclusion.
Where permitted, aggregate liability arising from PDQ is limited to the amount paid for PDQ during the 12 months before the event giving rise to the claim.
21. Your responsibility for claims
To the extent permitted by law, you are responsible for loss, claims, penalties and reasonable costs arising from unlawful content or subscriber data, spam, infringement or a material breach. That responsibility is reduced to the extent we caused or contributed to the loss.
22. Changes to these Terms
These Terms may be updated to reflect changes to PDQ, pricing practices, security requirements or law. The current version is published with its effective date. Reasonable notice will be given of a material change adversely affecting an active paid subscription. Material price increases apply no earlier than the next renewal unless accepted earlier.
23. Governing law
These Terms are governed by the laws of New South Wales, Australia. The parties submit to its courts and appeal courts. This does not prevent a consumer or small business relying on a non-excludable right to bring a claim elsewhere.
24. Contact
Asporea Digital Pty Ltd
ABN 48 653 431 479
PO Box 4468, Kingston ACT 2604, Australia
Email: [email protected]
Phone: 0480 138 054