Last updated: March 15, 2023
Welcome to MailerX. These Terms of Service ("Terms") govern your access to and use of the MailerX website, services, and applications (collectively, the "Service"). Please read these Terms carefully before using the Service.
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.
MailerX is an email marketing platform that allows users to create, send, and analyze email campaigns. We provide various features and tools to help businesses connect with their audience through email marketing.
Throughout these Terms, we use certain defined terms:
Your "Account" refers to the account you create with us to access and use the Service.
"Content" refers to any text, images, videos, audio, or other material that you upload, create, or distribute through the Service.
"User" or "you" refers to any individual or entity that accesses or uses the Service.
"Subscriber" refers to any individual whose email address is included in your email lists or campaigns.
To use the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to disable your account if we determine, in our sole discretion, that you have violated these Terms or that your account poses a security risk.
MailerX offers various subscription plans with different features and pricing. You can find details about our current subscription plans on our website.
By subscribing to a paid plan, you agree to pay all fees associated with your subscription. Fees are non-refundable except as required by law or as explicitly stated in these Terms.
We may change our fees at any time by posting the changes on our website or by notifying you directly. If you continue to use the Service after a fee change, you accept the new fees.
You are solely responsible for your use of the Service and for all Content that you create, upload, or distribute through the Service.
You agree not to use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Service.
You agree not to send unsolicited commercial email (spam) through the Service. All recipients of your email campaigns must have consented to receive emails from you.
You agree not to use the Service to create, upload, or distribute Content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party
- Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Constitutes unsolicited commercial email (spam) or violates anti-spam laws or regulations
You represent and warrant that each person on your email list has consented to receive emails from you and has been given an opportunity to opt-out of receiving future emails.
You agree to maintain and update your email lists to ensure they remain compliant with these Terms and applicable laws.
You agree to promptly honor all unsubscribe requests and to maintain appropriate unsubscribe mechanisms in your emails.
MailerX and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein.
You retain all right, title, and interest in and to your Content. By uploading Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such Content solely for the purpose of providing the Service to you.
You represent and warrant that you have all rights necessary to grant the licenses in these Terms and that your Content does not violate any third party rights or applicable laws.
Our Privacy Policy describes how we collect, use, and share information about you when you use the Service. By using the Service, you agree to our collection, use, and sharing of information as described in our Privacy Policy.
You are responsible for obtaining all necessary consents from your Subscribers for the collection, use, and sharing of their information in accordance with your privacy policy and applicable laws.
You may terminate your account at any time by following the instructions on our website or by contacting us.
We may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason, including if you violate these Terms.
Upon termination, your right to use the Service 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.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE.
IN NO EVENT WILL MAILERX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless MailerX, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco.
We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you via email or through the Service.
By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service.
If you have any questions about these Terms, please contact us at:
MailerX, Inc.
123 Main Street
San Francisco, CA 94105
Email: legal@mailerx.com
Phone: (555) 123-4567
If you have any questions about these terms or need clarification, please don't hesitate to contact us.