Terms and Conditions

1.1 Agreement to Terms. By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

1.2 Eligibility. You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this Agreement.

1.3 Authority. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" will refer to both you individually and the organization.

1.4 Modifications. We reserve the right to modify these Terms at any time. Material changes will be communicated to you via email or through a prominent notice on our Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2.1 Service Overview. MaileniumAI is a cloud-based email marketing platform that enables users to create, send, and manage email campaigns, automate marketing workflows, manage contacts, analyze performance, and integrate with third-party services. The Service includes features such as drag-and-drop email builders, automation tools, analytics dashboards, contact management, and API access (depending on your subscription plan).

2.2 Service Availability. We strive to provide continuous availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

2.3 Service Modifications. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may add, remove, or modify features, functionality, or content at our sole discretion.

2.4 Beta Features. We may offer beta or experimental features that are still in development. These features are provided "as is" and may be modified or discontinued at any time without notice.

3.1 Account Creation. To use the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, and a secure password. You are responsible for maintaining the accuracy of your account information.

3.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) use a strong, unique password; (b) enable multi-factor authentication when available; (c) immediately notify us of any unauthorized access or security breach; and (d) log out of your account when using shared or public devices.

3.3 Account Responsibility. You are responsible for all activities, content, and data associated with your account, regardless of whether you authorized such activities. We are not liable for any loss or damage arising from unauthorized use of your account.

3.4 Account Verification. We may require you to verify your email address or provide additional information to verify your identity. Failure to complete verification may result in suspension or termination of your account.

3.5 One Account Per User. Each user is permitted to maintain only one account. Creating multiple accounts to circumvent plan limitations or restrictions is prohibited and may result in termination of all accounts.

4.1 Subscription Plans. We offer various subscription plans with different features, contact limits, and email sending quotas. Plan details, pricing, and features are available on our pricing page and may be updated from time to time. Current plans include Standard, Premium, and Ultimate (Custom) tiers, each with different pricing tiers based on contact volume.

4.2 Free Trial. We may offer a free trial period for new users. During the trial, you may access certain features of the Service. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial expires. Credit card information may be required to start a trial.

4.3 Billing Cycle. Subscriptions are billed on a monthly or annual basis, as selected during signup. Monthly subscriptions are billed on the same day each month, and annual subscriptions are billed on the anniversary of your subscription start date.

4.4 Payment Methods. We accept payment via credit card, debit card, or other payment methods specified on our website. Payments are processed through third-party payment processors (such as Stripe). By providing payment information, you authorize us to charge your payment method for all fees associated with your subscription.

4.5 Pricing Changes. We reserve the right to modify subscription prices at any time. Price changes will not affect your current billing cycle but will apply to subsequent renewal periods. We will provide at least thirty (30) days' notice of any price increases.

4.6 Plan Limits. Your subscription plan includes specific limits on contacts, emails per month, sender domains, and features. Exceeding these limits may result in: (a) suspension of sending capabilities until limits are reduced or you upgrade your plan; (b) automatic upgrade to a higher tier plan; or (c) additional fees for overage usage, as specified in your plan details.

4.7 Automatic Renewal. Unless you cancel your subscription, it will automatically renew at the end of each billing cycle. You authorize us to charge your payment method for the renewal period. You may cancel your subscription at any time through your account settings or by contacting support.

4.8 Failed Payments. If payment fails, we may suspend or terminate your account and access to the Service. We will attempt to notify you of failed payments and provide a grace period to update your payment method. You remain responsible for all fees incurred during any grace period.

4.9 Taxes. All fees are exclusive of applicable taxes, duties, and government charges. You are responsible for paying all taxes associated with your subscription, except for taxes based on our income.

5.1 Permitted Use. You may use the Service solely for lawful business purposes in accordance with these Terms and applicable laws and regulations. You agree to use the Service only for legitimate email marketing activities and in compliance with all applicable anti-spam laws, including the CAN-SPAM Act, CASL, GDPR, and other relevant regulations.

5.2 Prohibited Activities. You agree not to:

5.3 Compliance with Anti-Spam Laws. You are solely responsible for ensuring that your email marketing practices comply with all applicable anti-spam laws, including but not limited to: (a) obtaining proper consent from recipients; (b) including accurate sender information and unsubscribe mechanisms; (c) honoring unsubscribe requests promptly; and (d) maintaining records of consent as required by law.

5.4 Content Standards. You are responsible for all content you create, upload, or transmit through the Service. Content must be accurate, lawful, and not infringe upon the rights of others. We reserve the right to remove or disable access to any content that violates these Terms.

6.1 Ownership of User Content. You retain all ownership rights to content you create, upload, or transmit through the Service, including email campaigns, templates, contact lists, and other materials ("User Content"). You grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing the Service to you.

6.2 Contact Data. You represent and warrant that you have the legal right to upload, store, and use all contact information in your account, including that you have obtained proper consent from contacts where required by law. You are solely responsible for the accuracy, legality, and compliance of your contact data.

6.3 Data Processing. We process your User Content and contact data in accordance with our Privacy Policy and applicable data protection laws. By using the Service, you consent to our processing of your data as described in our Privacy Policy.

6.4 Data Backup. While we implement backup systems, you are responsible for maintaining your own backups of important data. We are not liable for any loss of data, and you should regularly export and backup your contact lists and campaign data.

6.5 Data Deletion. You may delete your User Content at any time through the Service. Upon account termination, we will delete your User Content in accordance with our data retention policies, typically within 30 days, except where retention is required by law.

6.6 License to Use User Content. You grant us the right to use anonymized, aggregated data derived from your use of the Service for analytics, improvement, and business purposes, provided such data cannot reasonably be used to identify you or your contacts.

7.1 Our Intellectual Property. The Service, including all software, technology, designs, graphics, text, logos, trademarks, and other content, is owned by MaileniumAI or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws. You receive no ownership rights in our intellectual property.

7.2 Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with these Terms. This license does not include the right to resell, sublicense, or redistribute the Service.

7.3 Restrictions. You may not: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer or attempt to extract the source code; (c) remove or alter any copyright, trademark, or proprietary notices; (d) use our trademarks or logos without prior written permission; or (e) use the Service to develop competing products or services.

7.4 Feedback. If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service without obligation to you.

8.1 Third-Party Integrations. The Service may integrate with third-party services, including payment processors, email delivery services, CRM systems, e-commerce platforms, and other business tools. Your use of these integrations is subject to the terms and conditions of the respective third-party providers.

8.2 Third-Party Content. The Service may contain links to third-party websites, services, or content. We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is at your own risk.

8.3 API Access. Certain subscription plans may include API access. API usage is subject to rate limits, usage restrictions, and additional terms as specified in our API documentation. Misuse of the API may result in suspension or termination of API access.

8.4 Domain Verification. To send emails through the Service, you must verify ownership of sender domains by adding DNS records (SPF, DKIM, DMARC) as specified in our documentation. You are responsible for maintaining accurate DNS records and domain ownership.

9.1 Service Availability. We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to scheduled maintenance, updates, technical issues, or circumstances beyond our control. We are not liable for any damages resulting from Service unavailability.

9.2 Support Services. Support availability varies by subscription plan. Standard plans typically include email support, while premium plans may include priority support, phone support, or dedicated account management. Support is provided during business hours and response times may vary.

9.3 Service Level Agreement (SLA). Enterprise and certain premium plans may include specific SLA guarantees regarding uptime and performance. SLA terms, if applicable, will be specified in your subscription agreement or plan documentation.

9.4 Maintenance. We may perform scheduled maintenance on the Service, which may result in temporary unavailability. We will provide advance notice of scheduled maintenance when possible, except for emergency maintenance necessary to address security threats or critical issues.

10.1 Termination by You. You may cancel your subscription and terminate your account at any time through your account settings or by contacting our support team. Upon cancellation, your subscription will remain active until the end of your current billing period, after which your account will be terminated.

10.2 Termination by Us. We may suspend or terminate your account immediately, without notice, if you: (a) breach any material term of these Terms; (b) engage in prohibited activities; (c) fail to pay fees when due; (d) violate applicable laws or regulations; (e) use the Service in a manner that harms our reputation or business; or (f) engage in fraudulent or illegal activities.

10.3 Effect of Termination. Upon termination: (a) your right to access and use the Service immediately ceases; (b) we may delete your account and User Content in accordance with our data retention policies; (c) you remain responsible for all fees incurred prior to termination; (d) provisions that by their nature should survive termination will remain in effect.

10.4 Data Export. Prior to account termination, you may export your data through the Service's export features. We recommend exporting your data before canceling your subscription. We are not obligated to retain your data after termination.

10.5 Survival. Sections relating to intellectual property, limitations of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination will remain in effect after termination.

11.1 Refund Window. Our refund policy is aligned with Paddle's Invoiced Consumer Terms. If you are a consumer, you have the right to cancel and receive a refund within 14 days from the day after completion of the transaction. We will reimburse you without undue delay, and not later than 14 days after we are informed of your decision to cancel. Your right to cancel does not apply to digital content you have started to use or products you have had the benefit of.

11.2 Subscriptions. There are no refunds on unused subscription periods. You may cancel during the free trial period without charge. For paid subscriptions, cancel at least 48 hours before the end of your current billing period; cancellation takes effect at the next payment date.

11.3 Technical Problems. If technical problems prevent or unreasonably delay delivery of the service, your exclusive and sole remedy is either replacement of the service or refund of the price paid, as determined by MaileniumAI.

11.4 Chargebacks. If you initiate a chargeback or dispute a payment, we may suspend or terminate your account. We reserve the right to dispute chargebacks and provide evidence of service delivery.

12.1 Service "As Is". THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

12.2 Email Delivery. While we use industry-standard email delivery services, we do not guarantee that emails sent through the Service will be delivered, opened, or acted upon by recipients. Email delivery is subject to factors beyond our control, including recipient email server configurations, spam filters, and network conditions.

12.3 Third-Party Services. We do not warrant or guarantee the performance, availability, or reliability of third-party services integrated with our Service. Your use of third-party services is at your own risk and subject to the terms of those third parties.

12.4 Results. We do not guarantee specific results from using the Service, including but not limited to email open rates, click-through rates, conversion rates, or revenue. Results depend on various factors, including your content, audience, timing, and market conditions.

13.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILENIUMAI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Maximum Liability. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13.4 Essential Purpose. The limitations and exclusions in this section are fundamental elements of the basis of the bargain between you and us and shall survive any termination of these Terms.

14.1 Your Indemnification Obligation. You agree to indemnify, defend, and hold harmless MaileniumAI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or regulation; (d) your User Content or contact data; (e) your email marketing practices; (f) any claims by your contacts or recipients; and (g) your infringement of any third-party rights, including intellectual property rights.

14.2 Our Rights. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

15.1 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 principles.

15.2 Informal Resolution. Before initiating formal dispute resolution, you agree to contact us at legal@mailenium.ai to attempt to resolve any disputes informally. We will make good faith efforts to resolve disputes within sixty (60) days.

15.3 Binding Arbitration. If informal resolution fails, any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in Delaware, United States. The arbitrator's decision shall be final and binding.

15.4 Class Action Waiver. You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions, collective actions, or representative proceedings.

15.5 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm. Additionally, disputes related to payment or collection of fees may be resolved in small claims court.

16.1 Entire Agreement. These Terms, together with our Privacy Policy, Cookies Policy, and any additional agreements you enter into with us, constitute the entire agreement between you and MaileniumAI regarding the Service and supersede all prior agreements, understandings, and communications.

16.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver. No waiver of any provision of these Terms shall be effective unless in writing and signed by the party waiving such provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

16.4 Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

16.5 Relationship of Parties. These Terms do not create a partnership, joint venture, agency, or employment relationship between you and MaileniumAI. You are an independent user of the Service.

16.6 Force Majeure. Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

16.7 Notices. All notices required under these Terms shall be in writing and delivered via email to the addresses provided in your account or via certified mail. Notices to MaileniumAI should be sent to legal@mailenium.ai.

16.8 Headings. Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

16.9 Language. These Terms are written in English. Any translations are provided for convenience only, and the English version shall govern in case of any discrepancies.

If you have questions about these Terms and Conditions, please contact us:

MaileniumAI Legal Department
Email: legal@mailenium.ai

For general inquiries or support, please contact us at support@mailenium.ai or visit our Help Portal.