Terms of Service

Last updated: October 25, 2026

These terms are an agreement between you and Glitch Software Development LLC ("we", "us"), a New Mexico limited liability company, for your use of Pegasus (the "Service"). If you use the Service for a company, you accept these terms on its behalf and confirm you are authorised to do so.

1. The Service

Pegasus lets you create and send email campaigns and automations, manage contacts, connect online stores and view reports. We may improve or change features over time.

2. Your account

You must give accurate information, keep your sign-in details secure and tell us promptly about any unauthorised use. You are responsible for activity under your account, including your team members.

3. Your responsibilities when sending

• Send only to people who have given permission or with whom you have a relationship that makes your email lawful and expected, and keep a record of how you obtained each address.
• Follow all laws that apply to you and your recipients, including the CAN-SPAM Act, the GDPR and UK GDPR, ePrivacy rules, and Canada's Anti-Spam Legislation.
• Include your real postal address and keep the unsubscribe link in every marketing email.
• Follow our Acceptable Use Policy, which forms part of these terms.

4. Protecting deliverability

To protect all senders, Pegasus applies limits and checks automatically: daily sending limits for new companies, test groups for early campaigns, review of large imported lists, permanent suppression of unsubscribes, bounces and complaints, and automatic pausing when bounce or complaint rates are too high. We, or our email delivery providers, may pause or suspend sending, or your account, if your use risks harm to recipients, to other customers or to the Service. Where we can, we will tell you why and how to fix it.

5. Your data

You keep all rights to the content and contact data you put into Pegasus. You give us permission to host, process and send it only to provide the Service to you. For personal data of your contacts, you are the controller and we act as your processor under our Privacy Policy; a data processing agreement is available on request.

6. Fees

Any fees are shown in the app or agreed with you in writing before you are charged. Unless agreed otherwise, fees are non-refundable and exclude taxes.

7. Our intellectual property

The Service, its software and design belong to us and our licensors. You may not copy, resell, reverse engineer or misuse it, or attempt to bypass its limits or security.

8. Suspension and termination

You can stop using the Service at any time. We may suspend or end your access if you breach these terms or the Acceptable Use Policy, or if required by law. On termination you can request an export of your contacts within 30 days, after which we may delete your data, except the suppression records needed to keep honouring unsubscribes.

9. Disclaimers

The Service is provided "as is" and "as available". We do not guarantee that every email will be delivered to the inbox, or that the Service will be uninterrupted or error-free, as delivery depends on recipients' providers and many factors outside our control.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim.

11. Indemnity

You will defend and indemnify us against claims arising from your content, your contact lists or your breach of these terms or applicable law.

12. Governing law

These terms are governed by the laws of the State of New Mexico, USA, without regard to conflict-of-law rules. Courts located in New Mexico have exclusive jurisdiction, unless the law of your country requires otherwise.

13. Changes

We may update these terms and will post the new version here with a new date. If a change is significant, we will tell account holders by email before it takes effect.

14. Contact

Glitch Software Development LLC
867 Boylston Street, 5th Floor, Boston, MA 02116, USA
Email: support@pegasusemailmarketing.com