Terms of Service

1. Acceptance of Terms

By accessing and using Mail-o-Mail ("the Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting. Your continued use of the Service constitutes acceptance of modified Terms.

2. Service Description

Mail-o-Mail is an omni-channel messaging platform that enables organizations to:

• Create and send email campaigns
• Send WhatsApp messages and template campaigns
• Run live web chat with a unified conversation inbox
• Automate conversations with keyword Triggers and multi-step Sequences
• Manage contacts, consent, templates, and sending domains in one place
• Track delivery and engagement (opens, clicks, reads)
• Access the Service via web dashboard, REST API, SMTP bridge, and AI integrations (Claude MCP, ChatGPT Actions)

Email is delivered through Amazon Simple Email Service (AWS SES); WhatsApp messaging uses the Meta WhatsApp Business Platform. Some capabilities (live chat, translation, Triggers/Sequences) are offered as paid add-ons.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Provide accurate and complete registration information
• Be at least 18 years of age
• Represent an organization with authority to bind it
• Maintain one account per organization

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately of unauthorized access
• Ensuring your account information remains accurate

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service to send legitimate business communications to recipients who have provided consent to receive such communications.

4.2 Prohibited Activities

You may NOT use the Service to:

• Send Spam: Unsolicited bulk email or communications without consent
• Illegal Content: Content that violates any applicable laws or regulations
• Malicious Content: Malware, viruses, phishing attempts, or deceptive content
• Harassment: Threatening, abusive, or harassing communications
• False Information: Misleading headers, fake sender information, or deceptive subject lines
• Purchased Lists: Sending to purchased, rented, or third-party email lists
• Copyright Infringement: Distributing copyrighted content without authorization
• System Abuse: Attempting to breach security, overload systems, or interfere with service

4.3 Compliance with Laws

You must comply with all applicable laws including:

• CAN-SPAM Act (United States)
• GDPR (European Union)
• CASL (Canada)
• Other anti-spam and privacy regulations in your jurisdiction

5. Pricing and Payment

5.1 Plans and Pricing

• Trial Credits: New organizations receive 100 free one-time email credits at signup. There is no recurring free plan; paid subscriptions start at $15/month.
• Paid Plans: Various tiers with higher email limits and additional features
• Pricing Changes: We reserve the right to modify pricing with 30 days' notice

5.2 Billing

• Subscription fees are charged in advance on a monthly or annual basis
• Payment is due immediately upon subscription
• Automatic renewal unless cancelled before renewal date
• All fees are in U.S. Dollars (USD)

5.3 Taxes

You are responsible for all applicable taxes. We will charge sales tax where required by law.

6. Cancellation and Refund Policy

6.3 Account Termination by Us

We may suspend or terminate your account if:

• You violate these Terms of Service
• Your activities harm the Service or other users
• You engage in fraudulent or illegal activities
• Payment fails or chargebacks occur

No refunds will be provided for accounts terminated due to violations.

7. Intellectual Property

7.1 Our Intellectual Property

Mail-o-Mail, our logo, and all related materials are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our intellectual property without written permission.

7.2 Your Content

You retain all rights to your email content, templates, and lists. By using the Service, you grant us a limited license to:

• Store and process your content to provide the Service
• Transmit your emails through our infrastructure
• Create backups for reliability purposes

This license terminates when you delete content or close your account.

7.3 User Responsibility

You represent that you have all necessary rights to the content you upload and that your use does not violate any third-party rights.

8. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our privacy practices.

Key points:

• We do not sell your data to third parties
• Your email lists remain confidential
• You control your data and can export or delete it
• We use industry-standard security measures

9. Service Availability and Support

9.1 Service Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• Scheduled maintenance may cause temporary interruptions
• We are not liable for service disruptions beyond our control

9.2 Support

• Email support available Monday-Friday, 9 AM - 6 PM EST
• Response time typically within 24 hours
• Premium support may be available for paid plans

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided "AS IS" without warranties of any kind
• We are not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed amounts paid by you in the past 12 months
• We are not responsible for email deliverability issues beyond our control
• You are responsible for maintaining backups of your content

11. Indemnification

You agree to indemnify and hold Mail-o-Mail harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit or send through the Service

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

12.2 Arbitration

Any disputes shall be resolved through binding arbitration rather than in court, except for claims of intellectual property infringement or seeking injunctive relief.

12.3 Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions.

13. Amazon SES Usage

Our Service utilizes Amazon Simple Email Service (AWS SES) for email delivery. By using Mail-o-Mail, you also agree to:

• Comply with the AWS Service Terms
• Comply with the AWS Acceptable Use Policy
• Understand that AWS SES limitations and policies apply to your use

14. Modifications to Service

We reserve the right to:

• Modify or discontinue features with or without notice
• Change pricing for new subscriptions
• Update these Terms at any time
• Impose usage limits or restrictions

Material changes will be communicated via email or service notification.

14.1 Service Discontinuation

If we permanently discontinue the Service, we will provide at least 30 days' notice where reasonably possible. Unused credits and any remaining subscription periods expire on the discontinuation date and are not refundable, except where a refund is required by applicable law.

15. Termination

Either party may terminate this agreement:

• You: May cancel at any time from your account settings
• Us: May terminate for cause (Terms violation) immediately
• Us: May terminate for convenience with 30 days' notice

Upon termination:

• Your access to the Service ends
• If you delete your account, all organization data — contacts, campaigns, messages, templates, and files — is permanently deleted immediately at confirmation; limited billing records are retained where required by law (tax and accounting)
• Unpaid fees remain due and payable

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Mail-o-Mail regarding the Service.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 Waiver

Our failure to enforce any right does not constitute a waiver of that right.

16.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations freely.

16.5 Force Majeure

Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, internet or utility failures, failures of third-party service providers, or governmental actions. If such an event continues for more than 60 days, either party may terminate the affected services. Upon such termination, unused credits and any remaining subscription periods expire and do not give rise to any refund obligation, except where required by applicable law.

17. Contact Information

For questions about these Terms of Service:

• Email: [email protected]
• Support: Visit our Support page

18. Acknowledgment

BY USING MAIL-O-MAIL, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.