1. The agreement
These Terms of Service ("Terms") are an agreement between MailerAce ("we", "us") and the person or organisation that creates an account or uses the service ("you", "Customer"). If you accept these Terms on behalf of an organisation, you confirm you have authority to bind it.
By creating an account, sending email through the service or using the website, you agree to these Terms. If you do not agree, do not use the service.
2. The service
MailerAce provides an SMTP relay and related tools for sending email (the "Service"): sending-domain verification and DKIM signing, SMTP credentials, delivery routing, suppression handling, webhooks, a customer dashboard and related features described on our website. Features labelled "coming soon" are not part of the Service until they are released.
We may improve, change or discontinue features. If we remove a material paid feature, we will give reasonable notice and, where appropriate, a pro-rata refund of prepaid fees for that feature.
3. Accounts and security
- You must provide accurate information, keep it up to date, and be at least 18 years old (or the age of majority where you live).
- You are responsible for everything sent with your account and credentials. Keep passwords, SMTP credentials and API keys confidential, and tell us promptly at [email protected] if you suspect unauthorised use.
- We recommend enabling two-factor authentication. We may require it for certain features.
- One person or organisation may not create multiple free accounts to get around plan limits.
4. Sandbox, approval and sending limits
New accounts start in a sandbox in which email can only be sent to the account's own verified domains and team members. We review accounts before lifting the sandbox, may ask for information about your business and sending practices, and may decline an account at our discretion. Approved accounts may be subject to a probation period with lower limits.
Each plan has limits (for example emails per day or month, sending rate, recipients per message and message size). Limits are shown in your dashboard and may be adjusted to protect the platform's deliverability.
5. Your responsibilities
You are responsible for the email you send and the people you send it to. In particular, you must:
- comply with the Acceptable Use Policy and all laws that apply to your email, including anti-spam laws (such as the CAN-SPAM Act, Canada's CASL, the EU ePrivacy rules and the UK PECR) and data protection laws (such as the GDPR and UK GDPR);
- only send to recipients who have a legitimate expectation of, or have consented to, receiving your email;
- send only from domains you own or are authorised to use;
- honour unsubscribe requests promptly and keep bounce and complaint rates within the thresholds in the Acceptable Use Policy;
- have the right to provide us with the personal data contained in your email (recipient addresses, message content) and give recipients any notices the law requires.
6. Plans, fees and payment
Prices are listed on our pricing page in US dollars and exclude taxes unless stated otherwise. Paid plans and credit purchases become available when payments are enabled; until then they are shown as "coming soon" and cannot be purchased.
- Subscriptions are billed in advance, monthly or yearly, and renew automatically until cancelled.
- Free trial: each paid plan starts with a 3-month free trial, limited to one trial per customer or organisation. During the trial you can send up to the plan's included monthly volume (no overage is charged). If you have added a payment method, the subscription starts and is billed when the trial ends unless you cancel before then; otherwise the account moves to the Free plan. We may end a trial early for accounts that breach the Acceptable Use Policy.
- Overage: emails beyond your plan's included volume are charged at the plan's overage rate and billed in arrears.
- Pay-as-you-go credits are prepaid, are consumed as you send, and expire 12 months after purchase. Credits have no cash value and are not transferable.
- Taxes: you are responsible for applicable taxes (such as VAT or sales tax), which we will add where required.
- Failed payments: if a payment fails, we may retry it and, after a grace period, limit or suspend sending until the balance is paid.
- Published prices and plans: prices, plans, limits, trials and offers shown on our website (including before and at launch) are subject to change at any time without prior notice, and apply to purchases made after the change.
- Existing subscriptions: if you have an active paid subscription, we will notify you by email or in the dashboard before a price or plan change applies to you. Your current price and plan continue until the end of the billing period (or the fixed term of a promotional offer) you have already paid for, and you may cancel before the change takes effect.
- Early-bird and promotional offers: launch, early-bird or other promotional pricing (for example a discounted first year or another stated term) applies only for the term stated in the offer. After that term, the subscription renews at the standard price then in effect, and we will remind you before it does.
Refunds are covered by the Refund Policy.
7. Suspension and termination
We may restrict, pause or suspend sending, or suspend your account, immediately and without prior notice if we reasonably believe that your use violates these Terms or the Acceptable Use Policy, threatens the security or reputation of the Service or its IP addresses, causes harm to other customers or recipients, or is required by law. Where reasonable we will tell you why and how to resolve it.
You may cancel at any time from the dashboard or by email; paid plans remain active until the end of the current billing period. We may terminate the agreement for convenience with 30 days' notice, refunding any prepaid fees for the period after termination.
After termination, we delete or anonymise your account data in line with our Privacy Policy. You can export what you need before closing your account.
8. Your data
You keep all rights to the content you send and the data you upload ("Customer Data"). You give us the permission needed to process Customer Data to provide, secure and improve the Service. For personal data in Customer Data, we act as your processor and handle it as described in our Privacy Policy; a data processing addendum is available on request at [email protected].
9. Intellectual property
The Service, website, software, documentation and the MailerAce name and logo belong to MailerAce or its licensors. These Terms do not give you any rights to them other than the right to use the Service as described here. If you send us feedback, we may use it without obligation to you.
10. Availability and disclaimers
We work hard to keep the Service available and to deliver your email, but delivery depends on systems we do not control, such as recipients' mail servers and spam filters. We therefore cannot guarantee that any email will be delivered, delivered to the inbox, or delivered within a particular time.
To the extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms limits rights you have as a consumer that cannot be limited by contract.
11. Limitation of liability
To the extent permitted by law:
- neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, data or goodwill;
- each party's total liability arising out of or relating to these Terms is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim (or USD 100 if you are on the Free plan).
These limits do not apply to liability that cannot be limited by law, such as for fraud or for death or personal injury caused by negligence, or to your obligations under the indemnity below.
12. Indemnity
You will defend and indemnify MailerAce against claims, fines and costs (including reasonable legal fees) brought by third parties or authorities arising from the email you send, your Customer Data, or your breach of these Terms, the Acceptable Use Policy or applicable law.
13. Changes to these Terms
We may change these Terms and our other policies at any time, including before and at launch. The updated version applies from the date it is published here, which is shown at the top of the page.
If you have an account, we will notify you of material changes by email or in the dashboard. Where a change materially reduces your rights or increases what you pay under an active paid subscription, the previous terms continue to apply to you until the end of your current billing period, and you may cancel before the change applies to you. Continuing to use the Service after that means you accept the updated Terms.
14. Governing law and disputes
These Terms are governed by the laws of the country in which MailerAce is registered, without regard to conflict-of-law rules, and the courts of that jurisdiction have exclusive jurisdiction, except that consumers keep any right to bring proceedings in the courts where they live. Before starting proceedings, both parties will try in good faith to resolve the dispute by contacting the other in writing.
If any part of these Terms is found unenforceable, the rest 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 to a successor of our business.
Contact
Questions about this document: [email protected].