Terms of Service

• You sign up, we provide. A paid subscription gets you the features described in your Order Form or in-product plan.
• You own your data, we host it. You can export at any time, in machine-readable formats.
• Send only to people who want to hear from you. Spam will get you suspended. See the Anti-Spam Policy and AUP.
• Pay your invoice. Default net-30 on Enterprise, immediate on credit-card plans.
• If we mess up, we credit you per SLA. 99.95% uptime on paid plans, with auto-credit if we miss.
• Disputes go to arbitration. Class actions waived. Small claims are still available to you.

These Terms of Service (the "Terms") form a binding agreement between Mailapp ("Mailapp", "we", "us"), and the individual or entity that registers for, accesses, or uses our Services ("Customer", "you"). By creating an account, executing a written Order Form referencing these Terms, clicking "I agree" (or similar), or accessing the Services, you accept these Terms. If you are accepting on behalf of an organization, you represent that you have legal authority to bind that organization. If you do not agree, do not use the Services.

• Services — the Mailapp web application, APIs, SDKs, integrations, and documentation.
• Customer Data — any data you upload to or generate in the Services, including audience lists, content, and analytics.
• End-Recipient — any natural person to whom you send communications through the Services.
• Order Form — a written or electronic order document signed or accepted by both parties.
• Subscription Term — the period stated in your Order Form or, for self-serve plans, the recurring billing cycle.
• Documentation — published technical documentation at docs.mailapp.app.
• DPA — the Data Processing Agreement, incorporated by reference.
• AUP — the Acceptable Use Policy, incorporated by reference.
• Anti-Spam Policy — the Anti-Spam Policy, incorporated by reference.
• SLA — the Service Level Agreement at Section 21.
• Affiliate — any entity controlling, controlled by, or under common control with a party.

• You must be 16 years or older to use the Services.
• You must register with accurate information and keep it up to date.
• You are responsible for safeguarding your credentials and for all activity under your account.
• We strongly recommend enabling MFA; SSO is required on Enterprise plans.
• You will promptly notify us of any unauthorized access at hello@mailapp.app.
• You may invite Users under your subscription; each User must be uniquely identified and must comply with these Terms.

Subject to your compliance with these Terms and payment of applicable Fees, Mailapp grants you, during the Subscription Term, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes.

Restrictions

You will not, and will not permit any third party to:

• copy, modify, translate, or create derivative works of the Services;
• reverse engineer, decompile, or attempt to derive source code or underlying algorithms;
• resell, sublicense, white-label, or operate the Services on behalf of unauthorised third parties;
• use the Services to build a competing product or to benchmark them publicly without our prior written consent;
• circumvent any rate limits, security, or use-monitoring controls;
• scrape, crawl, or harvest data from the Services other than via documented APIs;
• use the Services in violation of law or this Agreement.

• As between the parties, Customer owns all right, title, and interest in and to Customer Data.
• You grant Mailapp a worldwide, royalty-free licence to host, copy, transmit, display, and process Customer Data solely to provide the Services, to prevent fraud and abuse, and as instructed by you.
• You represent and warrant that (i) you have all rights and consents necessary to upload and process Customer Data through the Services, (ii) Customer Data does not violate law or infringe third-party rights, and (iii) you are the Controller (and Mailapp the Processor) of personal data within Customer Data.
• The DPA governs Mailapp's processing of personal data and is incorporated by reference. Where there is a conflict between these Terms and the DPA on data protection, the DPA controls.

• AI features may be used to draft copy, generate summaries, classify lists, or assist with operational tasks.
• No training on customer data by Mailapp or our AI sub-processors. We hold written contractual commitments to that effect.
• AI outputs are suggestions. You are responsible for reviewing them before sending, especially in regulated contexts.
• AI outputs may be inaccurate, incomplete, or repeated. We make no warranty of correctness for any generated content.
• Where you supply your own model key (BYO LLM), you are bound by that provider's terms; we orchestrate but do not assume custody.

The Services may interoperate with third-party services (e.g., Shopify, HubSpot, Segment, Salesforce). Your use of those services is governed by their own terms and privacy policies. Mailapp is not responsible for third-party services and disclaims liability for their availability, accuracy, or content. If a third-party service is discontinued, suspended, or modified in a way that affects an integration, we will use commercially reasonable efforts to notify you.

• Fees are stated in the Order Form or, for self-serve plans, in-product at sign-up.
• Self-serve plans: charged in advance, monthly or annually, by credit card or ACH. Auto-renewing.
• Enterprise plans: invoiced annually in advance, net-30, payable via wire or ACH. Late payments accrue interest at the lower of 1.5% per month or the maximum permitted by law.
• Overages: billed in arrears at the rate stated in your Order Form (typically the next-tier unit price, prorated).
• Taxes: Fees exclude taxes. You are responsible for sales, use, VAT, GST, withholding, and similar taxes. If we are required to collect, we will add them to your invoice.
• Disputes: notify us in writing within 30 days of the invoice date or you waive the dispute.
• Suspension for non-payment: after 10 business days' written notice for overdue invoices.

• Free trials: available for evaluation. We may modify the trial at any time. Trial accounts may have rate or volume limits.
• Free plans: provided "as is". We may discontinue with 30 days' notice.
• Beta features: labelled in-product or in documentation. Provided without warranty, SLA, or indemnity. You may opt out at any time.

• The Subscription Term is stated in your Order Form (Enterprise) or matches your billing cycle (self-serve).
• Auto-renewal: the Subscription Term auto-renews for additional like periods unless either party gives non-renewal notice at least 30 days before the end of the current term.
• Termination for cause: either party may terminate for material breach not cured within 30 days of written notice.
• Termination for insolvency: either party may terminate on bankruptcy or assignment for the benefit of creditors of the other.
• Effect of termination: you stop accessing the Services; any prepaid Fees for the remaining Subscription Term are refunded if termination was due to our material breach; you may export Customer Data for 30 days after termination; afterwards we delete it per the Privacy Policy.
• Survival: Sections 5, 8, 14–17, 18, 24 survive termination.

We may suspend access to the Services, in whole or in part, with or without notice, if:

• your use of the Services threatens the security, integrity, or availability of the Services or other customers;
• we reasonably believe you are violating the AUP, Anti-Spam Policy, or applicable law;
• your payment is materially overdue;
• required by law or court order;
• your sending domain or IP is being abused (e.g., a compromised account distributing phishing).

We will use reasonable efforts to give advance notice, except where prompt action is required to prevent harm. Suspension does not relieve you of any obligation to pay Fees accrued.

You agree to comply with the Acceptable Use Policy and the Anti-Spam Policy at all times. Violations may result in suspension or termination, and you remain liable for any harm caused.

Mailapp represents and warrants that:

• the Services will materially perform in accordance with the Documentation during the Subscription Term;
• we will not intentionally introduce malicious code into the Services;
• we will perform the Services in a professional and workmanlike manner using personnel with appropriate skill and screening;
• we maintain and will maintain a written information security programme.

Remedy: for breach of the conformance warranty, Mailapp will use reasonable efforts to correct the non-conformity. If we cannot correct within a reasonable time, you may terminate the affected Service and receive a prorated refund of prepaid Fees for the unused portion. This is your exclusive remedy and our entire liability for breach of warranty (subject to the rest of these Terms).

EXCEPT AS EXPRESSLY SET OUT IN SECTION 13, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND MAILAPP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING. MAILAPP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED, EXCEPT AS PROVIDED IN THE SLA AND DPA.

By Mailapp

Mailapp will defend, indemnify, and hold harmless Customer from third-party claims alleging that the Services, as provided and used in accordance with these Terms, infringe a third party's patent, copyright, trademark, or trade secret, and pay damages and reasonable attorneys' fees finally awarded.

If the Services become, or in Mailapp's opinion are likely to become, the subject of an infringement claim, Mailapp may, at its option: (i) procure the right to continue using them; (ii) replace or modify them so they are non-infringing; or (iii) terminate the affected Service and refund prepaid Fees for the unused portion.

Mailapp's obligations do not apply to claims arising from: (a) Customer Data; (b) combinations with non-Mailapp products; (c) modifications not made by Mailapp; or (d) use in violation of these Terms.

By Customer

You will defend, indemnify, and hold harmless Mailapp from third-party claims arising out of (i) Customer Data, (ii) your use of the Services in violation of these Terms, the AUP, or the Anti-Spam Policy, (iii) your gross negligence or wilful misconduct, or (iv) your violation of law.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The foregoing limitations do not apply to:

• a party's indemnification obligations (Section 15);
• Customer's payment obligations;
• a party's gross negligence or wilful misconduct;
• a party's breach of confidentiality (Section 18);
• a party's infringement of the other's intellectual property;
• liability that cannot be excluded under applicable law.

Mailapp and its licensors retain all right, title, and interest in and to the Services, including all software, designs, documentation, and Mailapp's marks. No rights are granted to you other than the limited licence in Section 4.

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant Mailapp a perpetual, irrevocable, royalty-free, worldwide licence to use the Feedback without restriction. Mailapp will not name you as the source without consent.

Each party will protect the other's Confidential Information with at least the degree of care it uses for its own confidential information of like importance (and no less than reasonable care), use it only to exercise rights and perform obligations under these Terms, and disclose it only to personnel and advisors with a need to know who are bound by confidentiality obligations.

Confidential Information does not include information that is or becomes publicly available without breach, was rightfully known prior, was rightfully received from a third party without restriction, or is independently developed without use of the other party's Confidential Information.

A party may disclose Confidential Information if required by law, subpoena, or court order, provided that — unless legally prohibited — it gives prompt notice and reasonable cooperation to allow the other party to seek protection.

Neither party will issue any press release or publicity referencing the other without prior written consent. We will not list you as a customer or use your logo on our marketing materials without your written approval, which you may revoke at any time on 30 days' notice.

Each party will comply with all laws applicable to its performance under these Terms, including export, sanctions, anti-corruption, and consumer-protection laws. You represent that you are not located in or a national of a country that is subject to a US government embargo, and are not on any US government list of restricted parties. You will not export or re-export the Services in violation of US, EU, or UK export controls.

21.1 Support tiers

21.2 Severity definitions

• P1 Critical: Services unavailable for all users.
• P2 High: material function unavailable, no workaround.
• P3 Medium: material function impaired, workaround exists.
• P4 Low: cosmetic, documentation, or low-impact bug.

21.3 Uptime commitment

Mailapp will use commercially reasonable efforts to make the production Services available 99.95% of the time in each calendar month (Enterprise: 99.99%), measured at the load balancer and excluding scheduled maintenance, force majeure, and Customer-caused issues.

21.4 Service credits

Service credits are calculated as a percentage of the monthly Fees for the affected Service and applied automatically to the next invoice. Credits are your sole and exclusive remedy for any failure to meet the SLA.

Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, fire, flood, earthquake, labour disputes, internet backbone failure, or third-party cloud outage. The affected party will use reasonable efforts to mitigate.

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by email and in-product banner. If you do not agree to the changes, you may terminate the affected Subscription within the notice period and we will refund prepaid Fees for the unused Subscription Term. Continued use after the effective date constitutes acceptance.

24.1 Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

24.2 Informal resolution

Before commencing any formal proceeding, each party will give the other 60 days' written notice and the parties will negotiate in good faith.

24.3 Binding arbitration and class-action waiver

Any dispute arising out of or relating to these Terms will be finally settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in San Francisco, California, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. The parties waive any right to participate in a class action, class arbitration, or representative action.

24.4 Exceptions

Notwithstanding the above, either party may (a) seek injunctive relief in any court of competent jurisdiction to protect intellectual property, confidentiality, or to prevent imminent irreparable harm, and (b) bring a claim in small-claims court if the claim qualifies and is within the court's jurisdictional limit.

24.5 Time limit

Any claim must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred.

• EU/UK consumers: your mandatory statutory rights are not affected by these Terms. The arbitration clause does not apply to consumers in jurisdictions that prohibit pre-dispute arbitration agreements; in that case, courts of your habitual residence will have jurisdiction.
• California users: nothing in these Terms waives any non-waivable right under California law.
• Brazil: the Consumer Defence Code (Law 8.078/90) applies where you are a consumer; mandatory provisions prevail.
• Australia: nothing in these Terms excludes, restricts, or modifies any non-excludable right under the Australian Consumer Law.

• Entire agreement. These Terms (with the Order Form, DPA, AUP, Anti-Spam Policy, Privacy Policy, and Documentation) are the entire agreement between the parties on the subject matter.
• Order of precedence. In case of conflict: Order Form > DPA (on data protection) > these Terms > AUP > Documentation.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• Waiver. No failure or delay in enforcing a right waives that right.
• Assignment. You may not assign without our prior written consent (not to be unreasonably withheld). We may assign on notice to a successor in connection with a merger, acquisition, or sale of substantially all assets.
• Notices. Legal notices to Mailapp: hello@mailapp.app. Notices to Customer: the admin email on the account.
• Independent contractors. Nothing creates an agency, partnership, or joint venture.
• No third-party beneficiaries.
• Headings are for convenience and do not affect interpretation.
• Counterparts and electronic signature. These Terms may be executed in counterparts and electronically.

For anything — legal, billing, support, or abuse — email hello@mailapp.app.