Terms of Use

The purpose of these Terms of Use (“Terms”, “Terms of Use”) is to introduce the basic terms and conditions of the services provided by MailerSend. 

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 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

1.1. MailerSend undertakes to provide the Services in the best business manner and in accordance with the Terms of Use and all laws applicable to MailerSend. 

1.2. To use our Service you must:

  • Be at least eighteen years old;

  • Provide accurate contact and billing information; and

  • Agree with these Terms.

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 cannot continue to use Services that month or 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 messages, but MailerSend does not guarantee delivery. Third-party filtering services and other policies of recipient email services may prevent the successful delivery of your messages. 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. MailerSend is not responsible for any damages arising from the failure of the MailerSend Services’ filtering services to filter unwanted emails or from the capture of legitimate emails, or from a failure of your email to reach its intended recipient. 

4. Communications

4.1. 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 email practices

6.1. In order to send transactional emails using Services, you should ensure and be able to provide proof that emails are sent to the recipients based on: 

  • Permission-based subscriptions;

  • Contracts concluded between you and your customer;

  • The purposes of legitimate interests; or

  • Other legal grounds.

6.2. It is absolutely not acceptable nor allowable to send transactional emails to the recipients whose data was purchased, rented, or acquired from a third-party.

6.3. MailerSend reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.

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 pornography, affiliate marketing, pyramid schemes, MLM, "Get Rich Quick", Forex, Escort services, gambling, weight loss material, mobile unlocking services or offer illegal goods and services. You are also not allowed to send content that encourages discrimination, bullying, or actions that could impose health-risk, such as anti-vaccination material.

7.2. You can send transactional emails 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.

8. Confidential information

8.1. Each party agrees not to use the other’s confidential information (confidential information means non-public information disclosed by one party to the other in any form that (i) is designated as “Confidential"; (ii) a reasonable person knows or reasonably should understand to be confidential; or (iii) includes either party’s products, customers, marketing and promotions, know-how; and which is not independently developed by the other party without reference to the other’s Confidential Information or otherwise known to the other party on a non-confidential basis prior to disclosure, “Confidential Information”) except in connection with the performance or use of the Services, the exercise of its legal rights under this Terms, or as required by law, and will use reasonable care to protect Confidential Information from unauthorized disclosure. Each party agrees not to disclose the other’s Confidential Information to any third party except: (i) to its representatives, provided that such representatives agree to confidentiality measures that are at least as stringent as those stated in these Terms of Use; (ii) as required by law; or (iii) in response to a subpoena or court order or other compulsory legal processes, provided that the party subject to such process shall give the other written notice of at least seven days prior to disclosing Confidential Information unless the law forbids such notice.

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 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 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 with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.

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. Refunds

14.1. We are not required to provide a refund to you. We do not provide refunds if your account is suspended because of the violation of our Terms of Use.

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.

15. Conditions

15.1. We may modify or terminate our services at any time, for any reason, and without notice. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Use.

16. Disclaimer

16.1. MailerSend makes no commitment to provide any services other than the Services stated in the Terms. MailerSend is not responsible to you or any third party for unauthorized access to your customer data or for unauthorized use of the Services that is not solely caused by MailerSend’s failure to meet its security obligations as set in Privacy Policy.

17. Intellectual property

17.1. MailerSend claims no intellectual property rights over the material you provide to the Service. 

17.2. 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.

18. Privacy

18.1. At MailerSend, protecting your privacy and the privacy of anyone receiving your email is very important. Please read our Privacy Policy to know more about how we process and protect personal data in accordance with good industry practice.

19. Changes

19.1. MailerSend reserves the right to change these Terms of Use at any time. If we decide to change this document, we will post changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms of Use periodically.

20. Miscellaneous provision

20.1 These Terms of Use will begin upon the moment from which you become our client and will continue unless terminated hereunder.

Last updated on August 26, 2020

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