1. Acceptance of Terms
By accessing or using the Mailngine service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms apply to all users, including individuals and organizations that create accounts or access the Service through our API.
2. Description of Service
Mailngine provides email infrastructure services including transactional email delivery, domain management, email analytics, webhook notifications, and related developer tools. The Service is offered via a web dashboard, REST API, SMTP relay, and client SDKs for various programming languages.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will make commercially reasonable efforts to notify you of material changes via email or through the dashboard.
3. Account Registration
To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the security of your account credentials, including API keys. You must notify us immediately of any unauthorized access to your account.
You may not create multiple accounts to circumvent rate limits, usage restrictions, or billing terms. Accounts created by automated methods are not permitted.
4. Acceptable Use Policy
You agree not to use the Service to:
- Send unsolicited bulk email (spam) or messages to recipients who have not opted in to receive communications from you.
- Send phishing emails or messages designed to deceive recipients into revealing personal information or credentials.
- Distribute malware, viruses, or any other harmful software through email content or attachments.
- Violate any applicable laws or regulations, including but not limited to the CAN-SPAM Act, GDPR, CASL, and other anti-spam and data protection legislation.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Harvest or collect email addresses or other personal information from third parties without their consent.
Violations of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice. We reserve the right to investigate suspected violations and cooperate with law enforcement where required.
5. API Usage and Rate Limits
The Service imposes rate limits on API requests to ensure fair usage and maintain service quality for all users. Current rate limits are published in our API documentation and may be adjusted at any time.
You agree not to circumvent or attempt to circumvent rate limits through any means, including distributing requests across multiple API keys or accounts. Excessive API usage that degrades the Service for other users may result in temporary throttling or suspension.
6. Payment Terms
Certain features of the Service require a paid subscription. Fees are billed in advance on a monthly or annual basis as selected during plan enrollment. All fees are non-refundable except as required by law or as explicitly stated in these Terms.
We may change pricing at any time with at least 30 days' prior notice. Price changes will take effect at the start of your next billing cycle following the notice period. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.
7. Data Ownership
You retain all ownership rights to the data you submit to the Service, including email content, recipient lists, templates, and domain configurations ("Your Data"). We do not claim any ownership over Your Data.
You grant Mailngine a limited, non-exclusive license to process Your Data solely for the purpose of providing the Service. We will not access, use, or share Your Data for any other purpose, including advertising or data analytics, without your explicit consent.
8. Limitation of Liability
To the fullest extent permitted by law, Mailngine and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Service.
Our total cumulative liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to Mailngine in the twelve (12) months preceding the claim.
9. Termination
You may terminate your account at any time through the dashboard settings. Upon termination, we will delete your account data within 30 days, except where retention is required by law or for legitimate business purposes such as fraud prevention.
We may suspend or terminate your account if you violate these Terms, fail to pay applicable fees, or if we reasonably believe your use of the Service poses a risk to our infrastructure or other users.
10. Modifications to Terms
We may update these Terms from time to time. We will notify you of material changes by posting the revised Terms on our website and updating the "Effective date" above. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware.
12. Contact Information
If you have any questions about these Terms, please contact us at [email protected] or visit our contact page.