Terms & Conditions

These terms govern your use of HTML Email Builder, operated by WITWEB SOLUTIONS(“we”, “us”). Everyone is asked to accept them before using the service, and signed-in users sign them electronically each time they use it (see section 17).

Version 2026-09-28.3. Last updated: 28 September 2026.

1. The service

HTML Email Builder lets you design HTML emails, export their code, save campaigns, upload images for them and send a small number of test emails. The service is free. It is provided on an “as is” and “as available” basis, and we may change or discontinue features. If we discontinue the service, we will give account holders reasonable notice and a chance to export their data.

2. Eligibility and accounts

You must be at least 16 years old to create an account, and old enough to form a binding contract where you live. If you use the service for an organisation, you confirm you are authorised to accept these terms for it. You are responsible for keeping your login secure and for activity under your account. We close accounts we learn belong to someone under 16 and delete their data.

3. Your responsibilities when you send email

The service helps you build emails; it does not send your campaigns. You are the sender of every email you create with it and are solely responsible for complying with the laws that apply to you and your recipients, including:

• the Spam Act 2003 (Cth) in Australia;
• the CAN-SPAM Act in the United States;
• Canada’s Anti-Spam Legislation (CASL);
• GDPR and the ePrivacy Directive in the EU, and UK GDPR and PECR in the UK; and
• any other law on consent, sender identification and unsubscribing.

In particular, you must have consent (or another lawful basis) to email each recipient, identify yourself accurately with a valid physical postal address, include a working unsubscribe mechanism, and honour opt-outs promptly. Our pre-send checks and footer blocks are aids, not legal advice or a guarantee of compliance. The “Send test” feature is only for sending a design to yourself or colleagues who expect it, and never for marketing.

4. Acceptable use

You agree not to use the service to:

• break any law, or infringe anyone’s intellectual property, privacy or other rights;
• send or prepare unsolicited, deceptive or unlawful email, including phishing;
• upload or host malware, or content that is illegal, sexually exploits children, incites violence, harasses, defames, or discloses someone’s private information without their consent;
• attempt to disrupt, overload, reverse engineer or gain unauthorised access to the service, or get round its limits;
• interfere with the advertising on the site, including by clicking or generating impressions artificially, by automated means, or by encouraging others to; or
• use the service in breach of sanctions or export-control laws.

5. Your content and uploads

You keep all rights in the content you create and upload. You give us a limited, non-exclusive, worldwide licence to host, store, reproduce and display it only as needed to run the service for you, including publishing images you upload at a public web address so your emails can show them. The licence ends when you delete the content, except for copies in emails you have already sent.

Each time you upload an image, you confirm that you own it or have permission to use it in this way, and that it does not break these terms. We do not review uploads before they are published, but we may remove any content, or restrict an account, that we reasonably believe is unlawful or breaks these terms. When we do, we will tell you what we did and why, and how to challenge it, unless the law prevents us.

6. Copyright and content notices

We respond to notices of alleged copyright infringement and other illegal content as set out in our Copyright & Content Policy, including counter-notices, and we close the accounts of repeat infringers in appropriate circumstances. Content can be reported through our report form.

7. Advertising

The service is funded in part by ads supplied by Google AdSense on our home, blog and information pages; the editor carries none. Ads are labelled and chosen by Google, not by us. We do not endorse, and are not responsible for, any advertiser or anything reached through an ad. See our Privacy Policy and Cookie Policy for your choices.

8. Voluntary support

You may choose to tip us through Buy Me a Coffee. Tips are voluntary, processed by Buy Me a Coffee under its own terms, unlock nothing, and are not subscriptions. Any recurring membership you choose there is between you and Buy Me a Coffee and can be cancelled on their site.

9. Privacy

How we handle personal information is explained in our Privacy Policy. You can download or delete your data at any time from Your data, and close your account from Manage account. If you add other people’s personal information to your content (for example, test recipients), you are responsible for having a lawful basis to do so.

10. Disclaimer of warranties

To the fullest extent permitted by law, the service, its output, templates, checks and content are provided “as is” and “as available”, without any warranty, whether express, implied or statutory, including any warranty of merchantability, fitness for a particular purpose, accuracy, non-infringement, or that exported emails will render, be delivered or comply with any law. You use the service and its output at your own risk, and you are responsible for testing and checking every email before you send it. Nothing the service shows you is legal, compliance or professional advice.

11. Limitation of liability

To the fullest extent permitted by law, we (and our operators, contractors and suppliers) are not liable for any loss or damage of any kind arising out of or in connection with the service, its output or these terms, whether in contract, tort (including negligence), statute or otherwise, including any loss arising from emails you create or send, regulatory fines or penalties imposed on you, loss of profits, revenue, data, goodwill or reputation, and any indirect, incidental, special or consequential loss.

To the extent any liability cannot be excluded but can be limited, our total liability to you is limited to A$100 or, for a failure to meet a consumer guarantee, to supplying the service again or paying the cost of having it supplied again, at our option.

What this section cannot do

Some laws give you rights that no contract can remove, including the consumer guarantees in the Australian Consumer Law and mandatory consumer protections in the EU, the UK and elsewhere. Nothing in these terms excludes, restricts or modifies them. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or for anything else that cannot lawfully be limited. Everything else in sections 10 to 12 applies to the fullest extent those laws allow.

12. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold harmless us and our operators, contractors and suppliers from and against any claim, demand, investigation, fine, penalty, loss, liability, cost or expense (including reasonable legal fees) arising from: your content or uploads; any email you create, export or send using the service; your breach of these terms; or your breach of any law or of anyone else’s rights. This does not apply to the extent a loss was caused by our own breach of these terms or of the law.

13. Ending your use

You can stop using the service and close your account at any time. We may suspend or close an account that seriously or repeatedly breaks these terms, telling you why unless the law prevents us. On closure, your saved campaigns and uploaded images are deleted.

14. Changes to these terms

We may update these terms. We will change the date above and, for material changes, ask everyone to accept the new version before using the service again. If you do not agree, stop using the service and close your account.

15. Governing law and disputes

These terms are governed by the laws in force in Australia, and you submit to the non-exclusive jurisdiction of its courts. If you are a consumer in another country, you also keep the protection of the mandatory laws of the place you live and can bring proceedings in its courts. Please contact us first so we can try to resolve any dispute informally.

16. General

If any part of these terms is unenforceable, the rest continues to apply. Not enforcing a term is not a waiver of it. These terms, with the policies they refer to, are the entire agreement between us about the service.

17. Electronic acceptance and records

You accept these terms by ticking the box and clicking “I agree” or “Sign and continue”. You agree that doing so is your electronic signature, has the same effect as a handwritten signature, and forms a binding agreement under the Electronic Transactions Act 1999 (Cth) and equivalent laws elsewhere (including the US ESIGN Act and the EU eIDAS Regulation).

If you are signed in, you sign these terms each time you use the service (once per browser session), and we keep a record of each signature: your account, email address, the version signed, a fingerprint of its text, the date and time, and the IP address and browser used. You agree that these records are evidence of your agreement. How long we keep them is set out in our Privacy Policy.

Contact

WITWEB SOLUTIONS. Email: witweb.com.au.