Terms of Service

These Terms of Service ("Terms") govern your use of the AscendKit platform and services operated by AscendKit ("we", "us", "our"). By creating an account or using our services, you agree to these Terms.

AscendKit is in beta. As of April 6, 2026, the Service is made available on a pre-release, beta basis. The provisions in the Beta Addendum at the end of this document apply in addition to the numbered sections below. In the event of a conflict between the Beta Addendum and the numbered sections with respect to beta-specific subject matter, the Beta Addendum controls.

1. Service Description

AscendKit is a developer infrastructure platform that provides authentication, email content management, survey distribution, and related services through APIs and SDKs. You integrate AscendKit into your applications to provide these capabilities to your end-users.

2. Accounts and API Keys

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials and API keys
• You must promptly notify us of any unauthorized access to your account
• Public keys identify your project environment and may be included in client-side code
• Secret keys and session tokens must never be exposed in client-side code, public repositories, or shared publicly
• You are responsible for issuing, managing, rotating, and revoking credentials for your projects
• One person or entity may maintain multiple projects and organizations under a single account

3. Acceptable Use

You agree not to use AscendKit to:

• Violate any applicable laws or regulations
• Send unsolicited bulk email (spam) through our email or survey services
• Send emails to purchased, rented, or scraped mailing lists
• Store or transmit malicious code, or use our APIs for denial-of-service attacks
• Attempt to gain unauthorized access to other users' projects or data
• Circumvent rate limits, authentication, or other security measures
• Create multiple accounts to bypass restrictions or quotas
• Collect personal information from end-users without appropriate legal basis or consent
• Impersonate another person or entity
• Process personal health information (PHI) or payment card data (PCI) through the platform

4. Email and Survey Compliance

When using AscendKit's email delivery and survey distribution services, you must:

• Obtain verifiable opt-in consent from all email recipients and survey respondents
• Include accurate sender identification in all emails
• Provide a functioning unsubscribe mechanism for marketing communications
• Honor opt-out requests promptly (within 7 days)
• Comply with CAN-SPAM Act, GDPR, CASL, and all other applicable anti-spam and privacy laws
• Maintain complaint rates below 0.08% and bounce rates below 4%
• Not send emails containing prohibited content including: illegal goods or services, phishing or fraud, malware, harassment, pornography, multi-level marketing, or any content that violates our upstream email provider's policies

We reserve the right to monitor email content and survey distribution for compliance. Violation of these requirements may result in immediate suspension of email and survey services without prior notice.

5. Data Processing

5.1 Your Role as Data Controller

When you use AscendKit to handle authentication, email, and surveys for your end-users:

• You are the data controller for your end-users' personal information
• You must maintain your own privacy policy informing end-users how their data is collected and processed, including disclosure that AscendKit processes data on your behalf
• You must obtain appropriate consent from end-users where required by law
• You must obtain verifiable consent from survey respondents before distributing surveys
• You are responsible for configuring authentication settings, waitlists, email templates, and access controls appropriately
• You must comply with the terms of any third-party OAuth providers you enable for your project

5.2 Our Role as Data Processor

For end-user data processed through your projects, AscendKit acts as a data processor under your instructions. We will:

• Process end-user data only as necessary to provide the services you configured
• Maintain appropriate technical and organizational security measures
• Not use end-user data for our own purposes beyond service delivery
• Not sell, rent, or share end-user data with third parties except our sub-processors necessary for service delivery
• Assist you in responding to data subject access requests
• Notify you without undue delay of any security breach affecting end-user data
• Delete end-user data within 30 days when you delete the associated project or environment, and within 90 days of account termination

5.3 Sub-Processors

We use third-party sub-processors to deliver our services (listed in our Privacy Policy). We will provide reasonable advance notice before adding new sub-processors that handle end-user data. If you object to a new sub-processor, you may terminate the affected service.

6. API Keys and Environment Separation

• Each project environment (development, production) has its own public key and isolated data store
• Data does not cross between environments — development and production data are fully separated
• Development environments are for testing only and may have different rate limits
• You must not use development API keys in production applications
• Public keys may be included in client-side code; they identify your project environment but do not grant write access to other environments or projects

7. Intellectual Property

• AscendKit and its platform, APIs, SDKs, documentation, and trademarks are our intellectual property
• You retain all rights to your application code, email template content, survey definitions, and your end-users' data
• We grant you a limited, non-exclusive, non-transferable, revocable license to use our SDKs and APIs for integrating AscendKit into your applications
• You may not use AscendKit's SDKs, APIs, or platform to build a competing authentication, email, or survey infrastructure service

8. Feedback

If you provide suggestions, feature requests, or other feedback about AscendKit, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate that feedback into our products without obligation to you.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance, deploy updates, or experience outages. We will make reasonable efforts to notify you of planned downtime in advance. The service is provided "as is" and "as available" without warranty of any kind.

10. Limitation of Liability

To the maximum extent permitted by law, AscendKit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the service. Our total aggregate liability for any claim shall not exceed the amount you paid us in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold AscendKit and its affiliates harmless from any claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from: your use of the service, the content you send through our email or survey services, your violation of these Terms, your violation of any applicable law, or your infringement of any third-party rights.

12. Termination

• You may close your account at any time through the portal or by contacting us
• We may suspend your access immediately if we reasonably believe you are violating these Terms, particularly the Acceptable Use or Email Compliance sections
• We may terminate your account with 30 days' written notice for any reason
• Upon termination, your right to use the service ceases. You may export your data before termination. We will delete your data within 90 days of account closure.
• Provisions that by their nature should survive termination will survive, including: intellectual property, limitation of liability, indemnification, and governing law

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 15 days before they take effect. Continued use of the service after the effective date constitutes acceptance. If you do not agree to the updated Terms, you may close your account before they take effect.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the service shall be resolved in the state or federal courts located in Delaware. You agree to submit to the personal jurisdiction of these courts.

15. Contact

For questions about these Terms, contact us at [email protected].

Beta Addendum

Effective as of the version date above. The provisions in this Beta Addendum apply in addition to the Terms of Service above during the beta period.

B1. Pre-Release Designation

The Service is made available on a pre-release, beta basis. It is provided for evaluation, development, and non-critical workloads. The Service is not generally available, has not completed security or performance certification, and may contain defects, errors, or security vulnerabilities that are uncharacteristic of generally available software.

You acknowledge that the Service is in active development and should not be relied upon as a production-ready system for workloads where outages, data loss, or behavioral changes would cause material harm.

B2. No Warranty — AS-IS / AS-AVAILABLE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ASCENDKIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:

• Warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment;
• Warranties arising from course of dealing, usage, or trade practice;
• Warranties that the Service will be uninterrupted, secure, error-free, free of harmful components, or that any defects will be corrected;
• Warranties regarding the accuracy, reliability, or completeness of any data, metric, analytic, or output produced by the Service.

No advice or information obtained from AscendKit or through the Service will create any warranty not expressly stated in this Beta Addendum.

B3. Beta Liability Cap

Notwithstanding Section 10 above, during the beta period the total aggregate liability of AscendKit and its affiliates for any and all claims arising from or related to the Service shall not exceed the greater of (a) the total amount you paid AscendKit for the Service in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars (USD $100). Most beta customers pay nothing, and the cap is therefore USD $100.

B4. No Service Level Agreement

No service level agreement ("SLA"), uptime guarantee, or availability commitment applies to the Service during the beta period. AscendKit may suspend, degrade, or discontinue the Service or any feature at any time, with or without notice, for any reason.

B5. Changes to Pricing, APIs, and Features

You acknowledge and agree that during the beta period:

• Pricing may change. Current pricing is promotional, experimental, or free. AscendKit reserves the right to introduce, modify, or change pricing with minimal notice. Any paid subscription during beta may be adjusted, credited, or terminated at AscendKit's discretion.
• APIs and SDKs may change without backwards compatibility. Endpoints, request and response shapes, field names, authentication mechanisms, webhook payloads, and SDK method signatures may be altered, renamed, deprecated, or removed at any time. You are responsible for keeping your integrations aligned with current documentation.
• Features may be added, changed, or removed. Features available today may be removed, restricted, or repriced. New features may be introduced and later withdrawn.

B6. Restricted Data

The Service is not designed, audited, or certified for the storage or processing of regulated or highly sensitive data. You agree not to submit to the Service any of the following during the beta period:

• Protected health information ("PHI") subject to HIPAA or equivalent regulations in other jurisdictions
• Payment card data subject to PCI DSS, including full card numbers, CVV codes, or track data
• Government-issued identification numbers (SSN, passport numbers, national identity numbers) except where expressly supported by a specific feature
• Classified, export-controlled, or ITAR-regulated data
• Data subject to specific contractual restrictions that the Service is not designed to satisfy

You are responsible for ensuring your end users do not submit restricted data through your integration with the Service. AscendKit may suspend or terminate access without notice if restricted data is detected.

B7. Beta Termination

Either party may terminate participation in the beta at any time, with or without cause, effective immediately upon notice. AscendKit may suspend or terminate your access during the beta period for any reason, including the conclusion of the beta program.