Terms and Conditions

1. Introduction & Agreement to Terms

These Terms and Conditions (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “Customer”, “you”, or “your”) and [Company Legal Name] (“Mailkai”, “Company”, “we”, “our”, or “us”), the operator of the Mailkai email marketing and automation platform.

By creating an account, accessing, or using the Mailkai Service, you confirm that:

  • You have read, understood, and agree to be bound by these Terms
  • You have the legal authority to enter into this Agreement on behalf of yourself or the entity you represent
  • You are at least 18 years of age (or the age of legal majority in your jurisdiction)
  • Your use of the Service complies with all applicable laws and regulations

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to refuse access to anyone at our sole discretion.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • “Service” means the Mailkai email marketing and automation platform, including all web applications, APIs, tools, features, and related documentation.
  • “User” or “Customer” means any individual or entity that registers for or uses the Service.
  • “Account” means the registered profile created to access the Service.
  • “Subscriber” or “Contact” means any individual whose data is uploaded to or managed within the Service by a Customer for the purpose of email communications.
  • “Content” means all materials submitted, uploaded, or created through the Service, including email templates, campaign copy, images, and contact lists.
  • “Subscription Plan” means the paid plan selected by the Customer, including all applicable features, sending limits, and pricing.
  • “Intellectual Property” means all patents, trademarks, copyrights, trade secrets, and other proprietary rights.
  • “Confidential Information” means non-public information disclosed by either party that is designated as confidential or reasonably understood to be confidential.

3. Account Registration & Responsibilities

3.1 Account Creation

To access the Service, you must register for an account by providing accurate, current, and complete information. You agree to update your account information promptly if it changes.

3.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately at [Contact Email] if you suspect unauthorised access

We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.3 Account Eligibility

The Service is intended for business use only. By registering, you represent that you are using the Service for lawful business purposes and not as a consumer for personal, family, or household purposes.

3.4 One Account Per Entity

Unless expressly agreed otherwise in writing, each business entity is permitted one primary account. Sub-accounts or team member accounts may be created subject to your subscription plan limits.

4. Acceptable Use Policy

Your use of the Mailkai Service must comply with all applicable laws and these Terms at all times. The following activities are strictly prohibited:

4.1 Prohibited Email Practices

  • Sending unsolicited commercial email (spam) to any recipient who has not expressly opted in to receive communications from you
  • Using purchased, rented, scraped, or shared email lists without verified opt-in consent from recipients
  • Sending emails with misleading subject lines, false headers, or deceptive sender information
  • Violating the CAN-SPAM Act (US), GDPR (EU/UK), CASL (Canada), or any other applicable anti-spam law
  • Impersonating another person, organisation, or Mailkai itself in email communications

4.2 Prohibited Content

  • Content that is defamatory, obscene, fraudulent, threatening, abusive, or harassing
  • Content that infringes any third party’s intellectual property, privacy, or other rights
  • Content promoting illegal products, services, or activities
  • Malware, phishing links, or other malicious code embedded in emails or campaigns
  • Content targeting minors in an inappropriate manner

4.3 Prohibited Technical Conduct

  • Attempting to gain unauthorised access to any part of the Service or its infrastructure
  • Using automated tools, bots, or scripts to access the Service in ways not permitted by these Terms
  • Overloading, disrupting, or interfering with the normal operation of the Service
  • Reverse engineering, decompiling, or attempting to extract the source code of the Service
  • Reselling or sublicensing the Service without our prior written consent

4.4 List Management Requirements

You agree to maintain clean, permission-based email lists and to:

  • Immediately remove recipients who unsubscribe or bounce
  • Honour all unsubscribe requests within 10 business days
  • Maintain documentation of consent for all subscribers
  • Not re-add contacts who have unsubscribed without a new, independent opt-in

We reserve the right to suspend or terminate your account for violations of this Acceptable Use Policy, with or without prior notice, at our sole discretion.

5. Subscription, Billing & Refund Policy

5.1 Subscription Plans

Mailkai offers monthly and annual subscription plans as described on our pricing page at [Pricing URL]. Features, contact limits, and sending volumes vary by plan. We reserve the right to modify plan features with reasonable notice.

5.2 Billing & Payment

  • Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
  • Payment is due at the beginning of each billing period. Failure to pay may result in suspension of your account.
  • You authorise Mailkai (or its payment processor) to charge your payment method for all fees associated with your subscription.
  • All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all applicable taxes.
  • We accept major credit cards and other payment methods as displayed at checkout.

5.3 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. You will receive a renewal reminder at least 7 days before your billing date for annual plans.

5.4 Upgrades & Downgrades

You may upgrade your plan at any time; the upgrade will take effect immediately and you will be charged a prorated amount for the remainder of the billing period. Downgrades take effect at the start of the next billing period.

5.5 Refund Policy

Except as required by applicable law or as stated below, all subscription fees are non-refundable:

  • If you cancel a monthly plan, no refund is issued for the current month. Access continues until the end of the paid period.
  • Annual plan cancellations within the first 14 days of a new subscription may be eligible for a prorated refund at our discretion.
  • Refund requests related to technical failures or service errors will be assessed on a case-by-case basis.
  • No refunds will be issued for accounts suspended or terminated due to violations of these Terms.

5.6 Free Trials

If we offer a free trial, your plan will automatically convert to a paid subscription at the end of the trial period unless you cancel. No charge will be made during the trial period.

5.7 Price Changes

We may change our pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing period following at least 30 days’ notice.

6. Intellectual Property Rights

6.1 Mailkai’s Intellectual Property

The Mailkai platform, including its software, design, user interface, features, algorithms, trademarks, logos, and documentation (collectively, “Mailkai IP”) are owned by or licensed to [Company Legal Name] and are protected by copyright, trademark, patent, and other applicable intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in accordance with these Terms. This licence does not include the right to sublicense, copy, modify, distribute, sell, or create derivative works of any Mailkai IP.

6.2 Customer Content

You retain full ownership of all Content you create, upload, or submit through the Service. By using the Service, you grant Mailkai a limited, worldwide, royalty-free licence to host, store, process, and transmit your Content solely as necessary to provide the Service to you.

We will not use your Content for any purpose other than delivering the Service, unless otherwise expressly authorised by you.

6.3 Feedback

If you provide suggestions, feedback, or ideas about improving the Service, you grant us an irrevocable, royalty-free, worldwide licence to use such feedback without any obligation to compensate you.

7. User Content & Data Ownership

You retain all rights, title, and ownership in and to your data, including your subscriber lists, campaign content, and analytics generated from your campaigns. We do not claim any ownership over your data.

You are responsible for ensuring that:

  • All content you upload or send complies with applicable laws and these Terms
  • You have all necessary rights, licences, and permissions to use and process your subscriber data
  • Your email communications include all legally required disclosures and opt-out mechanisms

Upon termination of your account, you may export your data within 30 days. After this period, your data will be deleted in accordance with our retention policy and Privacy Policy.

8. Third-Party Integrations

The Service may offer integrations with third-party platforms and services (collectively, “Third-Party Services”). These integrations are provided for your convenience and are subject to their own terms of service and privacy policies.

We do not endorse, control, or assume any responsibility for Third-Party Services. Any issues arising from your use of a third-party integration should be directed to the relevant third-party provider. We are not liable for any loss or damage resulting from your reliance on Third-Party Services.

You agree that Mailkai may discontinue any integration at any time, with or without notice, if the third-party provider changes its API, policies, or business practices.

9. Service Availability & Modifications

9.1 Service Availability

We aim to provide a reliable and available Service but cannot guarantee uninterrupted, error-free access. The Service is provided “as is” and “as available” (see Section 12 for full warranty disclaimers). We target a monthly uptime of 99.5%, excluding scheduled maintenance windows and circumstances beyond our reasonable control.

9.2 Scheduled Maintenance

We will endeavour to provide advance notice of scheduled maintenance that may affect Service availability. Emergency maintenance may be performed without prior notice.

9.3 Modifications to the Service

We reserve the right to modify, update, suspend, or discontinue any part of the Service at any time. We will provide reasonable advance notice of material changes. Your continued use of the Service after any modification constitutes acceptance of those changes.

10. Termination & Suspension

10.1 Termination by You

You may cancel your Mailkai subscription at any time through your account settings or by contacting support. Upon cancellation, your access will continue until the end of the current paid billing period.

10.2 Suspension or Termination by Mailkai

We reserve the right to suspend or terminate your account, with or without notice, in the following circumstances:

  • Violation of these Terms, the Acceptable Use Policy, or any applicable law
  • Failure to pay applicable fees
  • Repeated spam complaints, high bounce rates, or other practices that threaten our platform’s deliverability
  • Fraudulent, abusive, or harmful activity
  • Requests from law enforcement or regulatory authorities

10.3 Effects of Termination

Upon termination of your account:

  • Your access to the Service will immediately cease (or at the end of your paid period for voluntary cancellations)
  • We may delete your account data after the applicable data retention period
  • You remain liable for all outstanding fees up to the date of termination
  • Sections that by their nature should survive termination (including Sections 6, 11, 12, 13, and 14) shall continue in full force and effect

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

  • In no event shall Mailkai, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or the cost of procuring substitute services.
  • Our total cumulative liability to you for any claims arising under or in connection with these Terms or your use of the Service shall not exceed the total amount paid by you to Mailkai in the twelve (12) months immediately preceding the claim giving rise to liability.
  • This limitation of liability applies whether the claim arises in contract, tort (including negligence), warranty, statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Certain jurisdictions do not permit the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Disclaimer of Warranties

THE MAILKAI SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • Email deliverability rates will meet any specific threshold
  • The Service will meet your specific business requirements or expectations
  • Results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected

You use the Service entirely at your own risk. Any content downloaded or obtained through the Service is done at your own discretion and risk.

13. Indemnification

You agree to defend, indemnify, and hold harmless Mailkai, its parent company, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable legal fees) arising from or in connection with:

  • Your use of or access to the Service
  • Your violation of any provision of these Terms
  • Your violation of any third-party right, including any intellectual property, privacy, or contractual right
  • Any content or data you upload, send, or transmit through the Service
  • Your violation of any applicable law, rule, or regulation

This indemnification obligation will survive termination of these Terms and your use of the Service.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction — e.g., the State of Delaware, USA / England and Wales / the Republic of India], without regard to its conflict of law provisions.

14.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Service, the parties agree to attempt in good faith to resolve the dispute through negotiation within 30 days of written notice.

14.3 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration administered by [Arbitration Body, e.g., the American Arbitration Association (AAA) / ICC / LCIA] in accordance with its rules. The place of arbitration shall be [City, Country]. The language of arbitration shall be English.

14.4 Class Action Waiver

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

14.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

15. Changes to These Terms

We reserve the right to revise these Terms at any time. When we make material changes, we will:

  • Update the “Last Updated” date at the top of this document
  • Notify you via email to your registered address at least 14 days in advance of material changes
  • Display a prominent notice within the Mailkai platform

Your continued use of the Service following the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must discontinue using the Service before the changes take effect.

16. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Mailkai with respect to the Service.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights freely.
  • Force Majeure: We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.
  • Notices: All legal notices to Mailkai must be sent in writing to [Company Address] or to [legal@mailkai.com].
  • Language: These Terms are provided in English. In the event of conflict between a translation and the English version, the English version shall prevail.

17. Contact Information

For questions about these Terms and Conditions, please contact:

Company Name: Mailkai
Address [Company Address, City, Country, Postcode]Email privacy@mailkai.com
Website https://www.mailkai.com

By using the Mailkai Service, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.