Terms Of Service
# Terms of Service
**Effective Date:** 1 Jan 2024
**Last Updated:** 1 June 2025
## 1. Agreement to Terms
These Terms of Service constitute a legally binding agreement between you and Mailvio, a Delaware corporation ("Company," "we," "us," or "our"), governing your use of our email service platform and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Anti-Spam Policy, which is incorporated herein by reference.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms. If you do not have such authority or do not agree with these terms, you must not accept this agreement or use the Service.
## 2. Description of Service
The Service provides email marketing and delivery capabilities through our proprietary platform, including but not limited to email campaign creation, list management, delivery infrastructure, analytics, and reporting tools. The Service is designed for legitimate business-to-business promotional email communications and related marketing activities.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, though we will provide reasonable advance notice for material changes that affect existing functionality.
## 3. Account Registration and Eligibility
### 3.1 Eligibility Requirements
You must be at least eighteen years of age and have the legal capacity to enter into contracts to use the Service. You represent and warrant that all information provided during registration is accurate, complete, and current, and you agree to maintain and update this information as necessary.
### 3.2 Account Verification
All accounts are subject to our verification process, which includes a consultation call with our team and completion of our customer questionnaire. We reserve the right to refuse service to any individual or entity at our sole discretion.
### 3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach. We are not liable for any losses resulting from unauthorized use of your account.
## 4. Acceptable Use Policy
### 4.1 Permitted Use
The Service may only be used for legitimate business communications that comply with all applicable laws and our Anti-Spam Policy. You agree to use the Service in accordance with industry best practices and to maintain appropriate consent mechanisms for all recipients.
### 4.2 Prohibited Activities
You are prohibited from using the Service for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our systems or interfere with other users' access to the Service. Specific prohibited activities are detailed in our Anti-Spam Policy and include but are not limited to sending unsolicited communications, distributing malware, or engaging in fraudulent activities.
### 4.3 Content Standards
You are solely responsible for all content transmitted through the Service and must ensure that such content does not violate any applicable laws or third-party rights. We reserve the right to review and remove any content that violates these Terms or our policies.
## 5. Service Plans and Pricing
### 5.1 Service Tiers
We offer multiple service plans based on contact volume and feature requirements. Current pricing and plan details are available on our website and are incorporated into these Terms by reference. Service plans may be modified from time to time with appropriate notice to existing customers.
### 5.2 Payment Terms
Fees are billed in advance on a monthly or annual basis as selected during signup. All fees are non-refundable except as expressly provided in these Terms. You authorize us to charge the payment method associated with your account for all applicable fees and charges.
### 5.3 Fee Changes
We may modify our fees at any time with thirty days written notice. Fee changes will take effect at the beginning of your next billing cycle following the notice period. Your continued use of the Service after fee changes become effective constitutes acceptance of the new fees.
### 5.4 Suspension for Non-Payment
We may suspend or terminate your access to the Service if payment is not received within ten days of the due date. Suspended accounts may be permanently deleted after thirty days, and we are not responsible for any data loss resulting from such deletion.
## 6. Data and Privacy
### 6.1 Data Ownership
You retain ownership of all data, content, and contact information uploaded to or transmitted through the Service. We claim no ownership rights in your data beyond the limited rights necessary to provide the Service.
### 6.2 Data Use Authorization
By using the Service, you grant us the right to access, process, and transmit your data as necessary to provide the Service, including storing data on our servers and those of our service providers. We will handle your data in accordance with our Privacy Policy and applicable data protection laws.
### 6.3 Data Security
We implement industry-standard security measures to protect your data, but cannot guarantee absolute security. You acknowledge that internet transmission and electronic storage carry inherent risks, and you use the Service at your own risk regarding data security.
### 6.4 Data Backup and Recovery
While we maintain regular backups of our systems, you are responsible for maintaining your own backups of critical data. We provide data export capabilities to facilitate your backup procedures.
## 7. Intellectual Property Rights
### 7.1 Our Rights
The Service, including all software, technology, designs, and documentation, is owned by us and our licensors and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms.
### 7.2 Your Rights
You retain all rights to your content and data. By using the Service, you grant us a limited license to use, modify, and display your content solely as necessary to provide the Service to you.
### 7.3 Feedback
Any feedback, suggestions, or improvements you provide regarding the Service may be used by us without restriction or compensation to you.
## 8. Service Level and Performance
### 8.1 Availability
We strive to maintain high service availability but do not guarantee uninterrupted access to the Service. Scheduled maintenance will be performed during off-peak hours when possible, with advance notice provided for significant maintenance activities.
### 8.2 Performance Standards
While we employ industry best practices to ensure reliable email delivery, we cannot guarantee delivery rates or inbox placement due to factors beyond our control, including recipient server policies and reputation factors.
### 8.3 Technical Support
We provide technical support during regular business hours via email and phone. Response times vary based on the nature and complexity of the issue, with priority given to service-affecting problems.
## 9. Limitation of Liability
### 9.1 Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
### 9.2 Limitation of Damages
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
### 9.3 Maximum Liability
Our total liability to you for all claims arising from or related to the Service shall not exceed the amount paid by you for the Service during the twelve months preceding the claim.
## 10. Indemnification
You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, and agents from and against all claims, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Service, violation of these Terms, or infringement of any third-party rights.
## 11. Termination
### 11.1 Termination by You
You may terminate your account at any time by providing written notice. Upon termination, your access to the Service will cease, and we will delete your data in accordance with our data retention policies.
### 11.2 Termination by Us
We may terminate your account immediately without notice if you violate these Terms or our Anti-Spam Policy, engage in activities that harm our reputation or systems, or for any other reason at our sole discretion.
### 11.3 Effect of Termination
Upon termination, all rights and obligations under these Terms shall cease, except for those provisions that by their nature should survive termination, including intellectual property rights, limitation of liability, and indemnification obligations.
## 12. Compliance and Legal Requirements
### 12.1 Regulatory Compliance
You are responsible for ensuring your use of the Service complies with all applicable laws and regulations, including but not limited to the CAN-SPAM Act, GDPR, CASL, and other relevant privacy and anti-spam legislation.
### 12.2 Cooperation with Authorities
We reserve the right to cooperate with law enforcement and regulatory authorities investigating potential violations of law. We may disclose account information and usage data when required by law or when we believe in good faith that such disclosure is necessary to protect our rights or comply with legal obligations.
### 12.3 Export Control
The Service may be subject to export control laws and regulations. You agree not to export, re-export, or transfer the Service or any portion thereof in violation of applicable export control laws.
## 13. Dispute Resolution
### 13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to conflict of law principles.
### 13.2 Jurisdiction
Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Delaware United States, and you consent to the personal jurisdiction of such courts.
### 13.3 Dispute Resolution Process
Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiations. If such negotiations are unsuccessful within thirty days, either party may pursue available legal remedies.
## 14. Miscellaneous Provisions
### 14.1 Entire Agreement
These Terms, together with our Anti-Spam Policy and Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
### 14.2 Amendment
We may modify these Terms at any time by posting revised terms on our website. Material changes will be communicated to you via email with at least thirty days advance notice. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
### 14.3 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
### 14.4 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.
### 14.5 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms and our rights and obligations hereunder at any time without restriction.
### 14.6 Force Majeure
We shall not be liable for any failure or delay in performance under these Terms that is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, terrorism, labor disputes, or government actions.
## 15. Contact Information
For questions regarding these Terms or to provide required notices:
**Legal Department**
Mailvio
8 The Green,
Suite R in the City of Dover
19901
Delaware
Email: support@mailvio.com
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**By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.**
