The overarching agreement you make to work with MailerSend.
Last updated on May 17, 2022
MailerSend is a product created under the corporation whose legal name is MailerSend, Inc. (228 Park Ave S, PMB 54955, New York, New York 10003-1502, US) “MailerSend”. MailerSend provides transactional email (and additionally for U.S. based customers—transactional and/or marketing SMS (SMS)) services ("Services").
Please note that throughout these Terms, "we," "us," and "our" refer to MailerSend, and "you," "your," and "yours" refer to the user.
1. General rules
1.2. To use our Service you must:
Be at least eighteen years old;
Provide accurate contact and billing information; and
1.3. By signing up or using the site, you accept these Terms and warrant that you meet all the requirements listed in this document as well as you will not use the Services in a way that violates these Terms or any laws or regulations. If you violate any of it, we may suspend or terminate your account.
2. Payment terms
2.1. Payment is not made until the provision of Service. The payment period is one month for a monthly plan and can be settled by a credit card. In the event that you exceed your Services limit, you must pay for the exceeding part additionally.
2.2. The rates for Services and additional services provided by us are listed at www.mailersend.com/pricing. Prices do not include VAT or other taxes of any kind. We may modify or change our fees and pricing at any time.
3. Delivery and Filtering
3.1. MailerSend will use commercially reasonable efforts to deliver your email and / or SMS messages, but MailerSend does not guarantee delivery. Third-party filtering services and other policies of recipient email / SMS services may prevent the successful delivery of your email and / or SMS messages.
3.2. While the MailerSend Services do provide some email filtering services designed to filter spam it does not provide virus scanning and MailerSend recommends that you employ additional security measures to protect against spam, email phishing attempts, and emails infected with viruses. You acknowledge that the limitations of the filtering service will likely result in the capture of some legitimate emails and the failure to capture some unwanted emails, including emails infected with viruses.
3.3. MailerSend is not responsible for any damages arising from the failure of the MailerSend Services’ filtering services to filter unwanted emails or SMS or from the capture of legitimate emails, or from a failure of your email or SMS to reach its intended recipient.
4.1. Communications means transmissions sent via API (i.e. via email or SMS). You acknowledge and agree that MailerSend may occasionally send you communications regarding your account or the Services via email.
5. Accounts, passwords and security
5.1. You must be a registered user to access Services. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.
6. Appropriate communication practices
6.1. Using MailerSend you can send two types of emails—transactional emails and marketing emails. Transactional emails are automated emails that you send to facilitate transactions or provide a product or a service. Marketing emails are newsletters that you send with the sole purpose of marketing your product or service.
6.2. Using MailerSend you can send two types of SMS—transactional SMS and marketing SMS. Transactional SMS are automated SMS that you send to facilitate transactions or provide a product or a service. Marketing SMS are SMS that you send with the sole purpose of marketing your product or service. In doing so, you must comply with all applicable laws and rules, including but not limited to Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices (please read about this here), which means:
6.2.1. the latest version of the CTIA Messaging Principles and Best Practices, as amended, supplemented and/or superseded from time to time by the CTIA; or
6.2.2. any other similar documents or guidelines promulgated from time to time by the CTIA.
6.3. In order to send transactional emails and / or SMS using Services, you should ensure and be able to provide proof that emails and / or SMS are sent to the recipients based on:
Permission-based subscriptions (“opt-in”);
Contracts concluded between you and your customer;
The purposes of legitimate interests; or
Other legal grounds.
6.4. It is absolutely not acceptable nor allowable to send transactional emails and / or SMS to the recipients whose data was purchased, rented, or acquired from a third-party.
6.5. To send marketing emails or SMS using Services, you must have consent from the recipient to receive these emails or SMS according to applicable laws and regulations (e. g. General Data Protection Regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data); or according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition)—(opt in)—or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EC on Privacy and Electronic Communication are met, and etc.).
6.6. Every marketing email you send using MailerSend must include a single-click, clear and visible unsubscribe link added using MailerSend's "track unsubscribes" feature that instantly adds the recipient to your MailerSend suppression list. Once they unsubscribe, you must stop sending them marketing emails.
6.7. Every transactional or marketing SMS you send using MailerSend must include clear instructions on how to opt-out by including the sentence: “Reply STOP to unsubscribe” at the end of the initial message sent to the consumer, or “reply STOP to cancel”. Once they opt-out, you must stop sending them SMS.
7. Appropriate content
7.1. We allow sending only relevant content, which is agreed to receive by recipients and corresponds to the CAN-SPAM Act. You cannot send marketing or transactional emails or SMS related to pornography, affiliate marketing, pyramid schemes, MLM, "Get Rich Quick", Forex, Escort services, loan or quick credit services, gambling, weight loss material, mobile unlocking services, ethical hacking services (e.g. penetration tests, phishing simulations, etc.) or offer illegal goods and services. You are also not allowed to send content that encourages discrimination, bullying, or actions that in any case could cause health-risk.
7.2. You can send transactional and marketing emails and / or SMS using MailerSend only if the content is created by you or you have the right to use it. You represent and warrant that you either own or have permission to use all of the material, content, data, and information, including your personal information and the personal information of others, you submit to MailerSend in the course of using the Service.
7.3. MailerSend may review the content from your account to ensure compliance with these terms.
8. Confidential information
9. Routing data
9.1. Your email messages and other items sent or received via the mail service will include information that is created by the systems and networks that are used to create and transmit the message including information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information (“message routing data"). You agree that MailerSend may view and use the email message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, you agree that MailerSend may disclose email message routing data to third parties in aggregate statistical form, provided that MailerSend does not include any information that could be used to identify you.
10. Multiple account abuse
10.1. Creating multiple accounts is forbidden. Therefore you, as a natural person, must not:
10.1.1. create multiple users and / or;
10.1.2. create different accounts with the same domain or different subdomains and / or;
10.1.3. login with different login credentials.
10.2. The Customer, as a natural person, shall create only one account, where all the Customer’s domains shall be maintained.
10. 3. MailerSend may, at its sole discretion, allow the creation of multiple accounts.
11. Limitation of Liability
11.1. In no event shall MailerSend be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website or mobile app, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or mobile app or the materials therein or resulting from unauthorized access to or alteration of data. We will not be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.
12. Suspension of Services
12.1. MailerSend may suspend the Services without liability if: (i) MailerSend reasonably believes that the Services are being used in violation of the Terms; (ii) you do not cooperate with our reasonable investigation of any suspected violation of the Terms; (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent, (iv) MailerSend is required by law or by a regulatory or government body to suspend the Services, or (v) there is another event for which MailerSend reasonably believes that the suspension of the Services is necessary to protect the MailerSend network or our other customers. Services might be reinstated after a suspension for non-payment or your breach of the Terms only when the payment is received or the breach is remedied.
13. Termination of Service
13.1. The term of Service will continue for as long as you have a MailerSend account or until you or we terminate it.
13.2. We reserve the right to terminate your account at any time with or without cause. You also have the option of canceling your account at any time without penalty. In the event of account cancellation, you will lose all data related to your account.
14.2. We may, at our sole discretion, offer refunds in exceptional situations subject to any user seeking such refund applying for the refund in accordance with the requirements we post on the website or in the mobile app, which may be changed from time to time. In any case, the refund can only be made within 30 days from the last transaction date.
15. Account Disputes
15.1. In the event of internal disputes involving MailerSend accounts, you shall resolve the matter directly with the other party. You shall not request access to or information about an account that you do not have access to.
15.2. MailerSend reserves the right to suspend any account associated with the dispute to protect the security and privacy of the data held within the account until the dispute is properly resolved. Please note that we will request a copy of the court decision or other legitimate document in order to suspend the account.
18. Intellectual property
18.1. MailerSend claims no intellectual property rights over the material you provide to the Service.
18.2. You acknowledge that MailerSend owns all right, title, and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
21. Miscellaneous provision