No, my logic specifically said that the emails have a defined end and that makes them transactional. You can’t extend my logic beyond my specific boundaries.
I would say I’m not even trying to spin it. For all I know the emails say “here is the user manual for our app” or “thanks for signing up, please enable 2FA as soon as possible.” The author of the blog post never actually detailed the contents of the email.
You define them as marketing emails (without knowing the content) but the company is saying that they are a critical part of the service.
I am basically saying that they have a pretty reasonable legal argument that covers their ass in court because they stop sending them after 14 days and they are directly tied to the onboarding to the service.
How can it be marketing if you already bought the product and people who didn’t buy the product can’t possibly receive the same set of emails?
1. The emails are only sent to new paying customers.
2. They seem to describe how to use the functionality in the service (again, we don’t know exactly because the author won’t post contents, but that’s what the disclaimer message says)
3. They end after 14 days
4. They aren’t sent to prospective customers