Terms of Service

Updated October 1, 2026

XOXO is operated by Supertape, LLC, doing business as XOXO Email (“we”, “us”, and “our”). “You” means the person or organization that owns or uses the account. If you’re accepting these terms for an organization, you’re confirming you have the authority to bind it.

These terms cover everything we provide under the XOXO name, including the app, hosted and embeddable forms, pages, and the emails we send for you. Our Acceptable Use Policy and Data Processing Agreement are part of these terms, and our Privacy Policy goes alongside them.

By using XOXO, you agree to all of them. If you don’t, please don’t use XOXO.

Accounts

You need to be at least 18 to create an account, or the age of majority where you live if that’s higher. XOXO isn’t available in any country or region under a US embargo, or to anyone on a US government restricted-party list.

You’re responsible for your account’s security and for everything that happens in it, including making sure the collaborators you invite follow these terms. Keep your registration information accurate and up to date. If you think someone else has gotten into your account, tell us right away at help@xoxo.email.

Every account has one owner, the person who created it, until they transfer ownership to another collaborator. We treat the owner as the account’s authorized representative, so they control billing, transfers, and closing the account. These terms bind any new owner.

If there’s a dispute over who should own an account, we’ll defer to the current owner, since we can’t mediate ownership disputes.

Your account’s and forms’ web addresses are yours to use, not to own. We may change or take back one that impersonates someone, infringes a trademark, or gets in the way of running XOXO. We’ll tell you first when we can.

We send notices about your account to the owner’s email address or show them in the app. Keep that address current, since a notice counts as given once we send it.

Content

You own your newsletters, your writing, and your subscriber data. We don’t claim ownership of any of it.

You give us a limited, non-exclusive, royalty-free license to host, transmit, display, and analyze your content as needed to run XOXO, including automated review for spam and abuse. The license ends when you delete your content or close your account. Copies can still persist in emails already delivered, in our delivery provider’s records, and in our backups until they expire.

XOXO itself, including the app, its design, and the XOXO name and logo, belongs to us. These terms let you use it while your account is open, but they don’t give you any ownership of it.

Your content has to follow our Acceptable Use Policy. That covers newsletters, forms, and anything else you publish through XOXO.

Copyright

If you believe content hosted through XOXO infringes your copyright, send a written notice to our designated DMCA agent:

XOXO EMAIL
ATTN: DMCA
350 E 400 S #54406, SALT LAKE CITY, UT 84111
801-200-3015
help@xoxo.email

Your notice needs to include:

Your physical or electronic signature, or the signature of someone authorized to act for the copyright owner
Identification of the copyrighted work, or a representative list if the notice covers multiple works
Identification of the material you want removed, with enough information for us to find it
Your mailing address, phone number, and email address, if you have one
A statement that you have a good-faith belief that the disputed use isn’t authorized by the copyright owner, its agent, or the law
A statement that the notice is accurate and, under penalty of perjury, that you’re authorized to act for the owner of the right allegedly infringed

When we get a valid notice, we’ll remove or disable access to the material and pass the notice along to the account holder. We close the accounts of repeat infringers.

If we removed something of yours and you believe it was a mistake or a misidentification, you can send our DMCA agent a counter-notice that includes:

Your physical or electronic signature
Identification of the material that was removed and where it appeared
A statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake or misidentification
Your name, address, and phone number
A statement that you consent to the jurisdiction of the federal district court for your address (or any court where we can be found, if you’re outside the US), and that you’ll accept service from the person who sent the original notice

We’ll pass your counter-notice along to the person who sent the original notice. Unless they tell us they’ve gone to court, we’ll restore the material 10 to 14 business days after we receive it.

Knowingly misrepresenting that material infringes, or that it was removed by mistake, can make you liable for damages.

Subscriber data

Your subscriber relationships belong to you. You’re the controller of your subscriber data, and we’re your processor, handling it only to provide XOXO for you. Our Data Processing Agreement spells out our commitments, including under GDPR and for international transfers.

You’re responsible for:

Collecting subscriber data lawfully, and clearly disclosing what you collect, including through custom form fields
Following every law that applies to your audience, including privacy, marketing, consumer protection, and children’s privacy laws
Keeping your own privacy policy for your relationship with your subscribers (link it in Settings and we’ll show it in the footer of your emails and forms)
Disclosing engagement tracking, like opens and clicks, and getting any consent your subscribers’ laws require for it

Unless we’ve approved it in writing before you collect anything, don’t use XOXO to:

Run newsletters or forms directed to children under 13, or knowingly collect personal information from children under 13 (we’ll only approve a legally compliant arrangement)
Collect sensitive personal information, like health, financial account, government ID, or precise location data, or any other special category of data

Questions from your subscribers about their data should go to you, not us.

Email sending

XOXO is for sending newsletters to people who asked for them. Our Acceptable Use Policy sets the rules: who you can email, what every email needs to include, and the kinds of email we don’t allow. It also explains how we review sends and enforce those rules.

Once you cross our subscriber threshold, we may require you to verify a sending domain of your own. Until you do, your email goes out from an XOXO address, with replies going to yours.

We can’t guarantee delivery. Your sending behavior and reputation affect whether your emails reach the inbox or the spam folder.

Every account has the same sending limit, based on your subscriber limit. It counts the recipients of the emails you’ve sent recently, and an email that would go over it can’t be sent until there’s room again.

We may also slow or limit sending for an account whose volume or patterns seem to be harming XOXO or other accounts.

If your account draws too many spam complaints or bounces, or breaks our Acceptable Use Policy, we may pause your sending right away while we look into it, suspend it, or close the account. We may turn away senders whose content or sending patterns put our shared infrastructure at risk.

AI features

AI touches your account in three places.

Send review. Every email you send to your subscribers is reviewed by an AI service first, as our Acceptable Use Policy describes. The review decides whether a send is approved or handed to a person on our team. It never changes your email.
Suggestions. When you ask for a subject line or preview text, an AI service writes one from your draft and puts it in that field. You can edit or replace it before you send. AI never changes any other part of your content.
Agents you connect. If you connect an AI app like ChatGPT or Claude, it works in your account on your behalf. It can read and change your emails and your audience, including subscriber data, but it can’t send to your subscribers. You can remove an agent at any time.

Connecting an agent is your instruction to share that data with the app’s provider. You choose that provider, so it isn’t our subprocessor, and its own terms govern what it does with the data.

AI can get things wrong. Check what it suggests, and what an agent you connect does in your account, before you send. You’re responsible for your emails either way, and an approved send review doesn’t mean an email complies with the law.

Our agreements with the AI providers we use don’t let them train their models on your content. That covers the providers we choose, not the provider of an app you connect.

Billing

Every XOXO account gets every feature. The price follows how many subscribers you have.

Paid accounts are billed monthly in US dollars and renew automatically until you cancel. Prices don’t include any taxes that may apply to you. We’ll give you at least 30 days’ notice before we change our prices.

You can cancel anytime. Canceling takes effect at the end of your current billing period, and you won’t be charged again after that.

If you’re paying and your subscriber count crosses into the next price tier, we’ll move your account to that price and charge the prorated difference. If that charge fails, your account may be limited until billing is back in good standing.

We’ll email you as you approach your subscriber limit, with the next tier’s price, and again whenever your price changes.

If your subscriber count drops, we’ll move you to the lowest price that fits at the end of your billing period.

If your audience drops under the free subscriber limit, billing stops at the end of the period and your account carries on as a free account. Either way, you keep the tier you’ve paid for until the period ends, and the app shows the scheduled change before it happens.

A free account has a free subscriber limit, shown in the app. New subscribers can still join past it, but once your audience is over it, you can’t send until you set up billing or get back under it.

We’ll email you as you approach the free subscriber limit and again when you reach it. Your subscribers and content stay put either way.

If your payment is past due, your account is locked until billing is back in good standing. Sending pauses and you can’t use the app, but your signup forms and unsubscribe links keep working, and you can still export your subscribers. The account owner can update the payment method anytime to restore access right away.

Refunds are handled case by case. If you think you’re owed one, email help@xoxo.email and we’ll work out what’s fair. If we close your account for violating these terms, you won’t get a refund.

Referral program

Every account has a referral link. When someone follows it and creates an account within 30 days, that account counts as your referral. If they followed more than one referral link, the first one wins, and our records decide whether a referral counts.

When a referred account pays for XOXO, you earn credits worth 25% of that payment before taxes, for as long as the referred account keeps paying. Credits go to your billing balance and are applied automatically to your future invoices. On a free account, they wait until you have an invoice to put them toward.

If a referred payment is refunded or lost to a dispute, we reverse the matching credits. They come off your balance, and if you’ve already used them, they’re added to a future invoice.

Referral credits are a discount on future XOXO invoices, not money. They have no cash value, can’t be paid out, transferred, or exchanged, and are forfeited when your account closes.

Referrals must be genuine. Accounts that you, your organization, or your collaborators create or control don’t count. Don’t promote your link with spam, misleading claims, or anything else these terms prohibit, and wherever the law requires it, say that you earn credits when someone pays.

If we find referrals that game the program, we may reverse the credits they earned and remove your account from the program. We may change or end the program, and if we do, we’ll let you know as described under Changes to these terms. Credits already on your balance stay usable under this section.

Service availability

XOXO is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability and fitness for a particular purpose. We don’t guarantee XOXO will always be available, and we can’t promise your emails will reach every inbox.

Features labeled beta or early access may change, break, or go away at any time. The notice we promise before discontinuing XOXO doesn’t apply to them.

Don’t interfere with XOXO or misuse it. Using XOXO in our Acceptable Use Policy lists what’s off-limits.

Liability

To the fullest extent the law allows, our liability for any claim is limited to the greater of $50 or the amount you paid us in the 12 months before the claim. We’re not liable for indirect or consequential damages, including loss of data, revenue, or business.

We’re not responsible for third-party services you connect to XOXO, like a platform you import subscribers from or an AI app you connect. Their own terms cover them.

Nothing in these terms limits liability for fraud, gross negligence, willful misconduct, or anything else the law doesn’t allow us to limit.

Indemnification

You agree to defend Supertape, LLC and its owners, employees, and agents against third-party claims arising from your content, your subscriber data, or your breach of these terms or the law, and to cover the damages and expenses (including reasonable attorneys’ fees) that result.

We’ll tell you promptly about a claim and let you control its defense. You can’t settle it in a way that admits fault or imposes obligations on us without our consent.

Termination

You can close your account anytime.

If a free account has been inactive for more than a year, with no sign-ins and no sending, we may close it. We’ll email you at least 30 days beforehand, so you can keep it active or export your data first.

If you violate these terms, including our Acceptable Use Policy, we may remove content, suspend sending, or close your account, with or without notice. Where the law requires it, we’ll report activity to the relevant authorities.

When your account is closed, your data is removed from live XOXO systems and won’t be available in the app, so export anything you need first. If we close your account for a violation, we may not give you time to export. Our Privacy Policy covers the few records that can outlast an account.

If you take your list somewhere else, keep honoring the unsubscribes and spam complaints that came with it.

We hope it never comes to this, but if we ever discontinue XOXO or part of it, we’ll give you advance notice and time to export your data.

Other terms

If part of these terms turns out to be unenforceable, the rest still stands.
These terms, including our Acceptable Use Policy and Data Processing Agreement, together with our Privacy Policy, are the whole agreement between us. They replace anything we’ve said elsewhere.
You can’t assign your account or these terms without our consent. We may assign them if XOXO changes hands, and they’ll bind whoever takes over.
Neither of us is responsible for delays or failures caused by things outside our reasonable control.
If we don’t enforce part of these terms right away, we’re not waiving it.
Sections that should outlive your account, like Liability, Indemnification, and Governing law and disputes, survive its closure.
If you send us ideas or feedback, we can use them without owing you anything.

Changes to these terms

We may update these terms from time to time. For material changes, we’ll let you know by email or in the app before they take effect. Minor clarifications take effect when they’re posted.

If you keep using XOXO after a change takes effect, you’re accepting the updated terms. If you don’t agree, close your account before the change kicks in.

Governing law and disputes

These terms are governed by the laws of the State of Utah. Any disputes will be resolved only in the state or federal courts located there, and we each agree to those courts’ jurisdiction.

If something’s gone wrong, email us first. Most problems are faster to fix than to litigate.

We’ve kept disputes in court rather than sending you to arbitration, and in return we ask that they stay simple. We each agree to bring claims only as individuals, not as a plaintiff or class member in any class, consolidated, or representative proceeding, and we each waive the right to a jury trial.

Any claim must be brought within one year of when it arose, or it’s permanently barred. If the law where you live doesn’t allow one of these limits, that limit doesn’t apply to you.