Terms of Service
Last updated: 2026-06-13
These Terms of Service ("Terms") are a binding agreement between Mailmundo LLC, a United States limited liability company ("Mailmundo," "we," "us"), and the individual or entity that registers for or uses our email-marketing platform and related services ("Customer," "you"). By creating an account, clicking to accept, or using the Service, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, and Anti-Spam Policy, each incorporated by reference. This page is provided for general informational purposes only and is not legal advice; please consult your own counsel regarding your obligations. If you do not agree, do not use the Service.
1. Acceptance and Eligibility
By accessing or using the Service you represent that you are at least 18 years old, have authority to bind the entity you represent, and will comply with these Terms and all applicable laws. If you accept on behalf of a company, "you" includes that company. We may update these Terms as described in the "Changes" section, and your continued use after changes take effect constitutes acceptance.
2. The Service
Mailmundo provides a cloud-based, multi-tenant email-marketing platform that enables Customers to manage contact lists, create and send email campaigns through AWS SES, manage suppression lists and one-click unsubscribes, and view performance analytics, together with related features we make available. We may modify, enhance, or discontinue features from time to time. We provide the Service on a subscription basis and do not guarantee uninterrupted or error-free operation; deliverability to any recipient or inbox depends on factors outside our control, including mailbox-provider policies and your sending practices.
3. Accounts and Security
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials and API keys (which we store hashed). You must notify us immediately of any unauthorized use or security breach. We may suspend or terminate accounts that we reasonably believe are compromised, fraudulent, or in violation of these policies. You are responsible for the acts and omissions of your users, agents, and anyone you permit to access your account.
4. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy and Anti-Spam Policy, which are incorporated into these Terms. Violation of those policies is a material breach of these Terms and may result in immediate suspension or termination, throttling, list review, or other enforcement, with or without notice, to protect the Service, its users, our sending reputation, and third parties.
5. Customer Responsibilities; Consent and CAN-SPAM
You are solely responsible for your contacts, content, and sending practices, and you represent and warrant that: (a) you have obtained all required consent and have a lawful basis to email each recipient; (b) you will not use purchased, rented, scraped, or third-party lists; (c) every campaign complies with the U.S. CAN-SPAM Act and all other applicable laws, including accurate "From" and header information, non-deceptive subject lines, identification of the message as an advertisement where required, a valid physical postal address, and a functioning unsubscribe mechanism honored within ten (10) business days; (d) you will promptly process and honor opt-outs and our suppression lists and one-click unsubscribe; and (e) you will comply with mailbox-provider requirements, including Gmail/Yahoo bulk-sender rules (authentication via SPF/DKIM/DMARC, one-click unsubscribe, and keeping spam-complaint rates below 0.3%, ideally under 0.1%). You are the controller of your recipient data; see the DPA.
6. Fees, Billing, and USD
You agree to pay all fees for your subscription plan and any usage-based or overage charges, billed in U.S. Dollars (USD) through our payment processor, Stripe. Fees are charged in advance on a recurring basis unless stated otherwise, are non-refundable except as expressly provided or required by law, and are exclusive of taxes, which you are responsible for (other than taxes on our net income). You authorize us and Stripe to charge your payment method on a recurring basis. If payment fails, we may suspend or terminate the Service and pursue collection. We may change fees prospectively with notice; changes take effect on your next billing cycle. Late amounts may accrue interest to the extent permitted by law.
7. Trials and Beta Features
We may offer free trials, credits, or beta/early-access features. Trials and beta features are provided "AS IS," may be modified or withdrawn at any time, and may carry usage limits. Unless you cancel before the trial ends, your plan may automatically convert to a paid subscription billed in USD. Beta features are not guaranteed to function and are excluded from any service commitments.
8. Cancellation and Auto-Renewal
Subscriptions automatically renew for successive periods unless cancelled before the end of the then-current term through your account settings or by contacting us. Cancellation stops future renewals; it does not entitle you to a refund of prepaid fees for the current period except where required by law. Upon cancellation you may lose access to the Service and your data after any stated retention window; you are responsible for exporting your data beforehand.
9. Intellectual Property Ownership
As between the parties, Mailmundo and its licensors own all right, title, and interest in and to the Service, including all software, technology, templates, designs, trademarks, and documentation, and all related intellectual property rights. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription solely for your internal business purposes and subject to these Terms. You may not copy, modify, reverse engineer, resell, sublicense, or create derivative works of the Service, or use it to build a competing product. Any feedback you provide may be used by us without restriction or obligation.
10. Customer Data Ownership
You own and retain all right, title, and interest in the contacts, content, and other data you submit to the Service ("Customer Data"). You grant Mailmundo a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, and improve the Service and as instructed by you, and as permitted by the DPA. You are responsible for the accuracy, quality, legality, and your right to use Customer Data. We may use aggregated and de-identified data that does not identify you or any individual for analytics, benchmarking, and improving the Service.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILMUNDO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY EMAIL WILL BE DELIVERED TO, OR PLACED IN THE INBOX OF, ANY RECIPIENT. MAILMUNDO IS NOT SOC 2 CERTIFIED AND MAKES NO REPRESENTATION OF ANY CERTIFICATION IT HAS NOT OBTAINED. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILMUNDO AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY. MAILMUNDO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO MAILMUNDO FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN.
13. Indemnification
You will defend, indemnify, and hold harmless Mailmundo and its officers, members, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data and content; (b) your use of the Service; (c) your violation of these Terms, the Acceptable Use Policy, the Anti-Spam Policy, or applicable law (including CAN-SPAM, privacy, and consent laws); (d) your sending practices, lists, or recipients' claims; or (e) your infringement or misappropriation of any third-party right. We will provide reasonable notice of the claim and may participate in the defense with our own counsel at our expense.
14. Suspension and Termination
We may suspend or terminate your access immediately and without liability if you breach these Terms or our policies, fail to pay, create risk or legal exposure for us, or engage in spam, abuse, or activity that harms the Service or our sending reputation. You may terminate by cancelling your subscription. Upon termination, your license ends, outstanding fees become due, and we may delete Customer Data after any stated retention window. Sections that by their nature should survive—including ownership, disclaimers, limitation of liability, indemnification, and governing law—survive termination.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of [Delaware / Wyoming — TBD], without regard to conflict-of-laws principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in that state, waiving any objection to venue. The U.N. Convention on Contracts for the International Sale of Goods does not apply. To the extent permitted by law, any dispute will be resolved on an individual basis, and you waive any right to participate in a class or representative action. Any claim must be brought within one (1) year after it arises or be permanently barred, to the extent permitted by law. (The governing-law state is a placeholder pending finalization.)
16. Changes to These Terms
We may modify these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, provide reasonable notice (such as by email or in-product notice). Your continued use of the Service after the changes take effect constitutes acceptance. If you do not agree, you must stop using the Service and may cancel.
17. Miscellaneous and Contact
These Terms, together with the incorporated policies and any order or plan you select, are the entire agreement between the parties and supersede prior agreements on the subject. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Questions about these Terms may be directed to legal@mailmundo.com or the contact address on our website.