Terms of Service

1. Introduction

These Terms of Service (“Terms”, “Terms of Service”), in conjunction with our Privacy Policy and Data Processing Addendum (“DPA”), are the entire agreement (“Agreement”) between mailkube (“Company”, “We”, “Our”, “Us”) and you (“You” or the “User”). These Terms govern your use of our web pages and services located at mailkube.com (collectively, the “Service”).

By (a) purchasing access to the Service through an online ordering process that references this Agreement, (b) signing up for a free plan through a screen that references this Agreement, or (c) clicking a box indicating acceptance, you agree to be bound by the Agreement.

If you do not agree with or cannot comply with this Agreement, then you may not use the Service.

2. Communications

By creating an account on our Service, you agree to receive service-related communications such as billing notices, product updates, and security alerts. You may opt out of non-essential communications at any time by following the unsubscribe link in any such email or by contacting us via our support portal.

3. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), payment is processed by our third-party Merchant of Record, Paddle. You may be asked to supply certain information relevant to your Purchase, including billing details and your location.

You represent and warrant that: (i) you have the legal right to use any payment method in connection with any Purchase; and (ii) the information you supply is true, correct, and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

5. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly or annual basis, depending on the subscription plan you select.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or mailkube cancels it. You may cancel your Subscription renewal through your online account management page or by contacting our support portal.

A valid payment method is required to process Subscription fees. You shall provide accurate and complete billing information. By submitting payment information, you authorize the applicable payment processing to charge all Subscription fees incurred through your account.

Should automatic billing fail for any reason, mailkube will issue an electronic invoice indicating that you must proceed manually, within a specified deadline, with the full payment corresponding to the billing period as indicated on the invoice.

Plan Changes

When you upgrade or downgrade your Subscription plan, the change takes effect immediately and proration is calculated automatically. The unused credit from your current plan and the prorated cost of the new plan are reflected in your next invoice.

• Upgrade example: You are on a $29/month plan with 15 days remaining in your Billing Cycle and you upgrade to a $79/month plan. You receive a credit of $14.50 (15/30 × $29) for the unused days of your current plan, and you are charged $39.50 (15/30 × $79) for the remaining days on the new plan. Your next invoice carries a net additional charge of $25.00.

• Downgrade example: You are on a $79/month plan with 15 days remaining in your Billing Cycle and you downgrade to a $29/month plan. You receive a credit of $39.50 (15/30 × $79) for the unused days of your current plan, and you are charged $14.50 (15/30 × $29) for the remaining days on the new plan. Your next invoice carries a net credit of $25.00.

Cancellation

If you cancel your Subscription, your access to the Service will remain active through the end of the current paid Billing Cycle. No partial refund is issued for the unused portion of the Billing Cycle following cancellation.

• Example: Your Billing Cycle runs from the 1st to the 31st of the month and you cancel on the 10th. You retain full access to the Service through the 31st. No refund is issued for the remaining 21 days.

Reactivation After Cancellation

If you cancel a Subscription (“Subscription A”) and activate a new Subscription (“Subscription B”) before the end of Subscription A’s paid Billing Cycle, Subscription B begins on its activation date. No refund is issued for any remaining days of Subscription A’s Billing Cycle.

6. Free Tier

mailkube may, at its sole discretion, offer access to the Service through a free tier (“Free Tier”).

The Free Tier provides limited access to the Service without requiring payment. Free Tier accounts are subject to usage limits and feature restrictions as described on our pricing page. You are not required to provide billing information to use the Free Tier.

At any time and without notice, mailkube reserves the right to (i) modify the features, limits, or availability of the Free Tier, (ii) cancel or discontinue the Free Tier, or (iii) convert Free Tier accounts to paid Subscriptions if usage exceeds Free Tier limits.

7. Fee Changes

mailkube may, in its sole discretion, modify Subscription fees at any time. Any fee change will become effective at the end of the then-current Billing Cycle.

mailkube will provide you with reasonable prior notice of any change in Subscription fees so you have the opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after a fee change takes effect constitutes your agreement to pay the modified Subscription fee.

8. Refunds

Except when required by law, paid Subscription fees are non-refundable. Once emails have been sent, refunds will not be issued for partial quota usage.

Violations of our Acceptable Use Policy may result in the temporary suspension or permanent shutdown of your sending domain names, at mailkube’s sole discretion. No refund will be issued in connection with any such suspension or shutdown.

9. Content

Our Service allows you to send messages through our API, which may include text, graphics, images, or other material (“Message Content”). You are responsible for all Message Content that you send through the Service, including its legality, reliability, and appropriateness. You are also responsible for all recipient data, contact information, and any other data you provide to or transmit through the Service (“Your Data”).

By using the Service to send messages, you represent and warrant that: (i) you have the right to use any Message Content and Your Data you send through the Service, (ii) your use of the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, and (iii) you have obtained all necessary consents and permissions from recipients to send them messages in accordance with applicable laws, including but not limited to CAN-SPAM, GDPR, and other anti-spam laws.

You retain all rights to any Message Content and Your Data you send through the Service. We take no responsibility and assume no liability for Message Content or Your Data transmitted through the Service. However, by sending Message Content and Your Data through the Service, you grant us the right and license to use such content for purposes of providing the Service, including processing, transmitting, and delivering your messages. This license does not include the right to disclose your Message Content or Your Data to third parties without your approval, except as necessary to provide the Service or as required by law.

mailkube has the right but not the obligation to monitor Message Content sent through the Service to ensure compliance with these Terms, our Acceptable Use Policy, and applicable laws. We may review, block, or refuse to deliver messages that violate these Terms or applicable laws.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

If you become aware of any violations, please report them immediately via our support portal.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. For detailed information about the analytics services we use and how they collect and process data, please refer to our Privacy Policy.

12. No Use By Minors

The Service is intended only for individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this Agreement.

13. Accounts

When you create an account, you guarantee that you are above the age of 18 and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity, or a name or trademark that is subject to the rights of another person or entity without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

14. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of mailkube and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of mailkube.

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes infringement, please submit your claim via our support portal with the subject line “Copyright Infringement” and include a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on or through the Service.

16. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner
• A description of the copyrighted work that you claim has been infringed, including the URL where the copyrighted work exists or a copy of it
• Identification of the URL or other specific location on the Service where the infringing material is located
• Your address, telephone number, and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf

You can contact our Copyright Agent via our support portal.

17. Error Reporting and Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) via our support portal. You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) mailkube may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential or proprietary information from you or any third party; and (iv) mailkube is not under any obligation of confidentiality with respect to the Feedback. You grant mailkube and its affiliates an exclusive, transferable, irrevocable, royalty-free, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose.

18. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by mailkube. mailkube has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

MAILKUBE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES OR SERVICES.

We strongly advise you to read the Terms of Service and Privacy Policies of any third-party websites or services that you visit.

19. Disclaimer of Warranty

THE SERVICE IS PROVIDED BY MAILKUBE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAILKUBE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

MAILKUBE DOES NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MAILKUBE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD MAILKUBE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MAILKUBE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may discontinue using the Service or contact us via our support portal.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding the Service and supersede any prior agreements.

23. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Service.

24. Amendments to Terms

We may amend these Terms at any time by posting the amended terms on this page. It is your responsibility to review these Terms periodically.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

25. Waiver and Severability

No waiver by mailkube of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of mailkube to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

26. Logo Permission

By entering into this Agreement, you grant mailkube the non-exclusive, royalty-free right to use your logo for the sole purpose of promoting and referencing you as a client of mailkube.

mailkube may use your logo on its website, marketing materials, case studies, and other promotional content, in a professional manner and in accordance with any brand guidelines you provide. This right is non-transferable and shall remain in effect for the duration of the Agreement and any subsequent renewal periods, unless terminated by either party in writing.

27. Acceptable Use

The Service may only be used in accordance with the Acceptable Use Policy.

28. Acknowledgement

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

29. Contact

For feedback, comments, or technical support requests, please raise a ticket via our support portal.