14 Jan 2025

14 Jan 2025

14 Jan 2025

Terms of Service

Mailsure Terms of Service

Last Updated: July 14, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED BY REFERENCE.

Welcome to Mailsure ("Mailsure," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website (including any subdomains, content, or services available through it), products, applications, and all other services provided by Mailsure (collectively, the "Services").

By accessing, Browse, registering for, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy and any other policies or guidelines referenced herein. If you do not agree with any provision of these Terms, you are expressly prohibited from using or accessing the Services. These Terms constitute a legally binding agreement between you and Mailsure.

1. Introduction to Mailsure Services

Mailsure provides advanced, intelligent email warming and deliverability solutions designed to enhance your email reputation and ensure optimal inbox placement. Our Services include, but are not limited to, automated email warming, sophisticated analytics, performance insights, and related features aimed at improving your overall email outreach effectiveness. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, without incurring any liability to you or any third party.

2. Account Registration and Management

2.1 Account Creation: To access and utilize certain features of our Services, you must register for and create an account. You agree to provide accurate, current, and complete information during the registration process and to promptly update such information to keep it accurate, current, and complete at all times. Failure to do so may result in the suspension or termination of your account.

2.2 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (username, password, and any API keys) and for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify Mailsure of any unauthorized use of your account or any other breach of security. Mailsure cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2.3 Eligibility: By creating an account, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding agreement. Our Services are not intended for use by individuals under 18 years of age.

3. Acceptable Use Policy

You agree to use the Services strictly in accordance with these Terms and all applicable local, national, and international laws and regulations. You shall not, and shall not permit any third party to:

  • Use the Services for any unlawful, fraudulent, abusive, or malicious activities.

  • Engage in any activity that interferes with or disrupts the integrity, performance, or availability of our Services or the data contained therein, including but not limited to transmitting worms, viruses, or any code of a destructive nature.

  • Attempt to gain unauthorized access to any part of the Services, other user accounts, or computer systems connected to the Services.

  • Use automated systems, including "bots," "spiders," or "readers," to access or interact with the Services in a manner that sends more request messages to Mailsure servers in a given period than a human can reasonably produce in the same period by using a conventional web browser.

  • Transmit unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation.

  • Engage in phishing, pharming, or impersonation of any person or entity, or misrepresent your affiliation with a person or entity.

  • Infringe upon or violate Mailsure's intellectual property rights or the intellectual property rights of others.

  • Resell, sublicense, lease, rent, or otherwise make the Services available to any third party, except as expressly permitted by Mailsure.

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services.

  • Use the Services in any way that could damage, disable, overburden, or impair Mailsure's servers or networks, or interfere with any other party's use and enjoyment of the Services.

4. Subscription, Fees, and Payment

4.1 Subscription Plans: Certain features of our Services require a paid subscription. Details regarding various subscription plans, pricing, and features are available on our website. By subscribing, you agree to pay all fees associated with your selected plan in accordance with the billing terms in effect at the time the fee becomes payable.

4.2 Billing and Renewals: Fees are typically billed in advance on a recurring basis (e.g., monthly or annually) as per your subscription plan. You authorize Mailsure to charge your provided payment method for all applicable fees. Subscriptions will automatically renew at the end of each billing period unless you cancel your subscription prior to the renewal date. It is your responsibility to manage your subscription and payment information to avoid service interruption.

4.3 No Refunds: All payments made to Mailsure are non-refundable, except where expressly stated otherwise in our separate Refund Policy (if applicable) or as required by law. We do not provide refunds or credits for any partial subscription periods or unused Services.

4.4 Price Changes: Mailsure reserves the right to modify its pricing and subscription plans at any time, with reasonable prior notice to you. Any price changes will take effect at the beginning of your next subscription period following the notice. Your continued use of the Services after a price change constitutes your agreement to pay the adjusted amount.

5. Intellectual Property Rights

All content, features, and functionality of the Services, including but not limited to software, algorithms, designs, text, graphics, images, video, audio, data, and the selection and arrangement thereof, are the exclusive property of Mailsure, its licensors, or other providers of such material, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, subject to these Terms. You shall not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Services without the express prior written consent of Mailsure. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

6. Third-Party Services and Links

Our Services may integrate with or contain links to third-party websites, applications, products, or services that are not owned or controlled by Mailsure. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Your use of such third-party services is subject to their respective terms and conditions and privacy policies. You acknowledge and agree that Mailsure 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 such content, goods, or services available on or through any such third-party websites or services.

7. Termination

7.1 Termination by Mailsure: We reserve the right to suspend or terminate your account and your access to all or any part of the Services at any time, with or without cause, and with or without notice, in our sole discretion. This includes, but is not limited to, termination for: (a) breach of these Terms; (b) engagement in unlawful or fraudulent activities; (c) non-payment of fees; (d) behavior that Mailsure deems harmful to its reputation or business operations; or (e) if Mailsure elects to discontinue the Services. Mailsure shall not be liable to you or any third party for any termination of your access to the Services.

7.2 Termination by You: You may terminate your account by discontinuing the use of our Services and canceling any active subscriptions through your account settings or by contacting our support team. No refunds will be provided for any unused portion of your subscription upon termination by you.

7.3 Effect of Termination: Upon termination, all rights and licenses granted to you under these Terms will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Disclaimers and Limitation of Liability

8.1 NO WARRANTIES: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAILSURE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. MAILSURE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE SPECIFIC EMAIL DELIVERABILITY RESULTS OR THAT OUR SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS OR EXPECTATIONS.

8.2 LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILSURE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MAILSURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

IN NO EVENT SHALL MAILSURE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO MAILSURE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless Mailsure, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, and representatives from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including any data or content submitted by you; (c) your violation of any rights of another party; or (d) your violation of any applicable law or regulation. Mailsure reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mailsure's defense of such claim.

10. Governing Law and Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved exclusively through confidential, binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California. The decision of the arbitrator(s) shall be final and binding upon both parties, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

YOU AND MAILSURE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. Changes to These Terms

Mailsure reserves the right to update or modify these Terms at any time, in our sole discretion. We will notify users of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. We may also provide additional notice, such as by sending an email or displaying a prominent notice on our Services, prior to the changes becoming effective. Your continued access to or use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

12. Miscellaneous

12.1 Entire Agreement: These Terms, together with our Privacy Policy and any other policies or guidelines referenced herein, constitute the entire agreement between you and Mailsure concerning the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Mailsure.

12.2 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

12.3 No Waiver: No waiver by Mailsure of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mailsure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Mailsure's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Mailsure may freely assign or transfer these Terms without restriction.

13. Contact Information

If you have any questions about these Terms, please contact us at:

support@getmailsure.com