Terms of Service

These Terms of Service ("Terms") are an agreement between Sunday Morning LLC, a South Dakota limited liability company doing business as Liiminal ("Liiminal," "we," "us"), and the organization that creates an account or signs an Order Form ("Customer," "you"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it.

1.1 Definitions.

• "Service" means the Liiminal web application, APIs, alerts, reports, and related documentation we provide.
• "Connected Platform" means a third-party system you connect to the Service, such as an email service provider, CRM, customer engagement platform, payment processor, or DNS provider.
• "Customer Data" means data the Service retrieves from your Connected Platforms or that you submit to the Service.
• "Order Form" means an ordering document or online checkout that references these Terms and lists your plan, fees, and term.
• "Authorized Users" means your employees and contractors whom you permit to use the Service under your account.

1.2 Eligibility. The Service is for business use only. You must use the Service on behalf of a business, not as a consumer.

1.3 Accounts. You are responsible for your Authorized Users, for keeping login credentials and API keys confidential, and for all activity under your account. Notify us promptly at legal@liiminal.com of any unauthorized access.

1.4 Order of precedence. If an Order Form or signed agreement conflicts with these Terms, the Order Form or signed agreement controls.

2.1 What Liiminal does. Liiminal is an intelligence service for lifecycle and email sending programs. It reads configuration, campaign, delivery, and performance data from your Connected Platforms and public DNS records, then surfaces findings, alerts, and recommendations.

2.2 Access to Connected Platforms. The Service connects to Connected Platforms using the credentials and scopes you grant. By default the Service requests read-only access and does not send messages, change campaigns, edit settings, or write data to any Connected Platform. Where we offer a feature that writes to a Connected Platform, that feature is off unless you turn it on, requires scopes you grant separately, and acts only on changes you approve. You choose which platforms and permissions to grant, and you can revoke access at any time in the Service or in the Connected Platform.

2.3 Recommendations are informational. Findings and recommendations are guidance only. You decide whether to act on them, and you are responsible for changes you make to your own systems.

2.4 Beta and trial features. Features labeled beta, preview, or early access, and any free trial, are provided as-is for evaluation. They may change, have reduced availability, or be discontinued, and Section 7.4 limits our liability for them further.

2.5 Changes to the Service. We may update the Service over time. We will not materially reduce core functionality of a paid plan during your current subscription term without notice.

3.1 Ownership. You own your Customer Data. You grant us a limited license to access, process, and store Customer Data only to provide, secure, support, and improve the Service for you.

3.2 Contact-level data. To provide the Service, we ingest and process contact-level data from your Connected Platforms, such as recipient identifiers, email addresses, profile attributes, and engagement and delivery events. We use this data only to provide, secure, support, and improve the Service for you, including more accurate findings and a better user experience. We do not use your contact-level data in identifiable form for the benefit of any other customer. Contact-level data is encrypted in transit and at rest.

You choose how much contact-level data the Service ingests by selecting one of three data modes in your account settings, and you can change modes at any time:

• Full: the Service ingests contact-level data, including direct identifiers such as email addresses. This mode enables all features.
• Pseudonymized: direct identifiers are removed or irreversibly hashed before storage, so the Service analyzes contact-level events and attributes without storing who the contact is. This mode reduces the personal data we hold and may support your obligations under applicable privacy laws. It does not by itself constitute anonymization under the GDPR or de-identification under HIPAA, and you remain responsible for determining whether the Service is appropriate for your regulatory obligations.
• None: the Service ingests no contact-level data and analyzes only system-level and aggregate data, such as sending domains, authentication records, campaign metadata, and aggregate delivery metrics.

Some features may be limited in Pseudonymized or None mode. Our Data Processing Agreement governs our processing of any personal data in Customer Data. We provide it on request at legal@liiminal.com, and it controls over these Terms for that processing.

3.3 Aggregated and de-identified data. We may create aggregated, de-identified data from use of the Service, such as benchmarks and detection accuracy measurements across customers. Before any such data is used beyond your account, direct identifiers are removed and the data is aggregated so that it does not identify you, your Authorized Users, or any individual, and cannot reasonably be used to do so. We will not disclose your Customer Data in identifiable form to other customers. We own this aggregated and de-identified data and may use it to operate, improve, and market the Service, including to train and evaluate detection models. You may opt out of the use of your data for model training by emailing legal@liiminal.com. We apply the opt-out to future model training within 30 days of the request.

3.4 Security. We maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data. These include encryption in transit and at rest, access controls limited to personnel who need it, and storage of credentials in encrypted form. We use reputable subprocessors for hosting and operations; the current list is published in our Privacy Policy at liiminal.com/privacy, and we give at least 30 days' notice before adding a new one.

3.5 Security incidents. If we confirm unauthorized access to your Customer Data, we will notify you without undue delay and cooperate reasonably to investigate and mitigate it.

3.6 Deletion. When you disconnect a Connected Platform, we stop retrieving data from it. Within 30 days after your account ends, we will delete your Customer Data from active systems, except where law requires us to keep it. Backups containing Customer Data are overwritten on our normal cycle, and no later than 90 days after your account ends. On written request we will certify deletion once it is complete.

3.7 Privacy Policy. Our handling of personal data about Authorized Users, such as names and login emails, is described in our Privacy Policy at liiminal.com/privacy.

3.8 Protected health information. You will not transmit protected health information as defined under HIPAA to the Service unless we have signed a Business Associate Agreement with you. Where a Business Associate Agreement is in place, that agreement governs our handling of protected health information and controls over these Terms to the extent of any conflict.

4.1 Your responsibilities. You confirm that you have the right to connect each Connected Platform and to share its data with us, and that doing so complies with your agreements with that platform and with applicable law.

4.2 Prohibited use. You will not, and will not allow others to:

• reverse engineer, copy, or resell the Service, or use it to build a competing product;
• access the Service through automated means other than our documented APIs, or interfere with its operation or security;
• connect accounts you are not authorized to access;
• upload malicious code or use the Service in violation of law.

4.3 Connected Platforms. Connected Platforms are provided by third parties under their own terms. We are not responsible for their availability, accuracy, API changes, or security. If a Connected Platform changes or removes API access, related features may stop working.

4.4 Suspension. We may suspend access if your use poses a security risk, violates Section 4.2, or if payment is more than 30 days overdue. We will give notice where practical and restore access once the issue is resolved.

5.1 Fees. You will pay the fees for your plan as shown at checkout or in your Order Form. Fees are in US dollars and exclude taxes, which you are responsible for, other than taxes on our income.

5.2 Billing. Subscriptions are billed in advance, monthly or annually, through Stripe. Plans renew automatically for the same period unless cancelled before renewal.

5.3 Free trials. Free trials last for the period shown at signup. No payment method is required to start a trial unless stated. At the end of a trial, access ends unless you choose a paid plan.

5.4 Price changes. We may change prices for future renewal periods with at least 30 days' notice. Changes do not affect a term you have already paid for.

5.5 Cancellation and refunds. You can cancel at any time in your account settings, effective at the end of the current billing period. Fees already paid are non-refundable, except where required by law or stated in an Order Form.

5.6 Late payment. Overdue amounts may lead to suspension under Section 4.4.

6.1 Our IP. We own the Service, including its software, models, detection logic, design, and documentation. We grant you a non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes. No other rights are granted.

6.2 Your outputs. You may use reports, findings, and exports generated for your account for your internal purposes, including sharing them with your agencies and contractors.

6.3 Feedback. If you give us suggestions or feedback, we may use them without obligation to you.

6.4 Confidentiality. Each party will protect the other's non-public business, technical, and financial information it receives ("Confidential Information") with at least reasonable care, and use it only to perform under these Terms. This does not apply to information that is public, already known, independently developed, or rightfully received from a third party. A party may disclose Confidential Information if required by law, after giving notice where permitted. Customer Data is your Confidential Information.

6.5 Publicity. We will not use your name or logo in marketing without your prior written consent.

7.1 Mutual warranties. Each party confirms it has authority to enter these Terms. We will provide the Service in a professional manner consistent with general industry standards.

7.2 Disclaimer. Except as stated in these Terms, the Service is provided "as is" and "as available." We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will detect every issue, that findings will be error-free, or that following recommendations will improve deliverability or revenue.

7.3 Limitation of liability. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility. Each party's total liability under these Terms is limited to the fees you paid in the 12 months before the claim. These limits do not apply to your payment obligations, a party's indemnity obligations, or breach of Section 6.4.

7.4 Free and beta use. For free trials and beta features, our total liability is limited to US$100.

7.5 Our indemnity. We will defend you against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay resulting damages awarded or settlements we agree to.

7.6 Your indemnity. You will defend us against third-party claims arising from your Customer Data, your connection of Connected Platforms you were not authorized to connect, or your breach of Section 4.2.

7.7 Process. The indemnified party must promptly notify the other, give it control of the defense and settlement, and cooperate reasonably.

8.1 Term. These Terms apply from when you first accept them until your subscription and any trial have ended.

8.2 Termination. Either party may terminate for material breach not cured within 30 days of written notice. You may also stop using the Service and cancel under Section 5.5. On termination, your right to use the Service ends, and Sections 3.3, 3.6, 6, 7, and 8 survive.

8.3 Changes to these Terms. We may update these Terms by posting a new version and notifying account admins at least 30 days before material changes take effect. Changes apply from your next renewal unless you agree sooner. A signed Order Form's negotiated terms are not changed by updates. Each version of these Terms carries a version number and effective date, and we keep a record of which version your organization accepted and when.

8.4 Governing law and venue. These Terms are governed by the laws of the State of Connecticut, excluding conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Litchfield County, Connecticut, and both parties consent to that jurisdiction.

8.5 General. Neither party may assign these Terms without consent, except to a successor in a merger, acquisition, or sale of substantially all assets. Neither party is liable for delays caused by events beyond its reasonable control. These Terms, with any Order Form, the Data Processing Agreement, and the Privacy Policy, are the entire agreement on this subject. If any provision is unenforceable, the rest remains in effect. A waiver must be in writing. The parties are independent contractors.

8.6 Notices. Notices to us go to legal@liiminal.com. We will provide a postal address on request. Notices to you go to the account admin's email address.

8.7 Contact. Questions about these Terms: legal@liiminal.com.