Terms of 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 free of charge during closed testing 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 and one-click unsubscribe). Gmail and Yahoo require a complaint rate below 0.3%. Mailmundo's own limits are stricter: if your account goes over 0.1% complaints or 5% bounces in 24 hours, sending pauses automatically. You are the controller of your recipient data; see the DPA.

6. Closed testing; no charges

Mailmundo is in closed testing. We don't sell plans right now, and we don't charge you anything. Features may change, have limits or be withdrawn while we test.

Before we ever charge for the Service, we'll publish the prices and the billing terms and email the account owner. Nothing will be charged unless you accept them first. If you don't, you may export your data and close your account.

7. 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 while your account is active, solely for your internal business purposes and subject to these Terms. You may not:

• copy, decompile, disassemble or reverse-engineer the apps, the website or any part of the Service, except to the extent applicable law expressly allows it despite this restriction;

• use bots, scrapers, crawlers or other automated means to access the Service or pull data from it, other than our API, your API keys and the integrations we provide. Exporting your own data is always allowed;

• use the Service, its screens or its content to build or train a competing product, including an AI model, or to create derivative works;

• resell or sublicense the Service.

Any feedback you provide may be used by us without restriction or obligation.

8. Competitors

If you work for, own, or act on behalf of a company that makes email-marketing or email-sending software, you may not access or use Mailmundo, including test and demo accounts and the apps, without our written permission. To ask, email legal@mailmundo.com.

9. 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.

10. 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.

11. 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 GREATER OF THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$100. 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.

12. 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.

13. Suspension and Termination

We may suspend or terminate your access immediately and without liability if you breach these Terms or our policies, 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 closing your account. Upon termination, your license ends, any amount you already owe us becomes 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.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in San Diego County, California, 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.

15. 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.

16. Miscellaneous and Contact

These Terms, together with the incorporated policies and any paid-plan terms you accept in writing, 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.