Terms of service

The agreement#

These terms are an agreement between you and [Legal entity name], [Registered address], India ("Mailbay", "we"). If you use Mailbay for a company, you accept them for that company and confirm you may do so. The data processing agreement is part of these terms, and the privacy policy explains how we handle personal data. Mailbay is for businesses and developers; you must be at least 18.

Accounts and workspaces#

• You sign in with your email address. Keep access to that mailbox and your API keys safe; anything done with them is treated as done by you.
• The workspace owner controls the workspace, its members and its data, including export and deletion.
• Tell us at [Security contact email] straight away if you think a key or account was compromised.

Acceptable use#

Mail sent through shared infrastructure affects everyone on it, so these rules are strict. You must not use Mailbay to:

1. Send spam: bulk or commercial email to people who did not ask for it, or mail that breaks anti spam law where you or the recipients are (such as CAN-SPAM, the ePrivacy rules and CASL).
2. Mail purchased, rented, scraped or shared lists, or any address that did not give you permission to write to it, or that has unsubscribed.
3. Send phishing, malware, fraud, impersonation of another person or brand, or mail that hides who sent it.
4. Create inboxes or domains to evade blocks, bans or limits, or rotate addresses and domains to get around reputation systems.
5. Send or store illegal content, including content that sexually exploits children, or harass anyone.
6. Probe, overload or break the service, other customers, or anyone else's systems.
7. Resell Mailbay as a bulk email service without our written agreement.

Every message must make clear who it is from, and marketing mail must carry a working unsubscribe link that you honour. Keep bounce and complaint rates low: we may act when they rise above levels that harm deliverability [thresholds, for example 5% bounces or 0.1% complaints]. Report abuse to [Abuse contact email].

Suspension and termination#

• If you break the acceptable use rules, or your account puts the service, its reputation or other people at risk, we may limit sending, pause inboxes or suspend the workspace, at once and without notice where the risk is urgent. Otherwise we tell you first and give you a chance to fix it.
• Serious or repeated breaches can lead to termination. We tell you why, unless the law or an investigation prevents it.
• While suspended you can still export your data, unless the data itself is unlawful. After termination we delete it as the data processing agreement describes.
• You can stop at any time by deleting your workspace in Settings, Data & privacy.

Plans, limits and payment#

Each plan includes limits per workspace, enforced by the service. Current plans:

• "Emails sent" counts each recipient of mail you send, per calendar month in UTC. Received mail does not count. When you reach a limit, the action is refused with an error that says so; nothing is charged automatically. The pricing page always shows the current numbers.
• Paid plans are billed in advance [billing period, payment processor, taxes, refund policy]. We may change prices or limits with at least 30 days' notice; the change applies from your next billing period.
• We may set reasonable rate limits to protect the service, and we tell you in API errors when you hit one.

Your data#

• You own your data. We use it only to run Mailbay for you, as the data processing agreement sets out. We do not sell it or use it for advertising or to train models.
• You are responsible for the mail you send and for having a lawful basis to process the mail you receive.
• You can export and delete your workspace at any time, and choose how long mail is kept, in Settings, Data & privacy.
• Feedback you give us we may use freely, without obligation to you.

The service#

We work to keep Mailbay available and your mail safe, but we do not promise a particular uptime [unless an SLA is agreed]. Email delivery depends on other people's servers, so we cannot guarantee that any message is delivered or lands in an inbox rather than a spam folder. We may change or remove features; if a change takes away something you rely on in a paid plan, we tell you in advance.

No warranty#

Apart from what these terms say, Mailbay is provided "as is" and "as available", without other warranties, to the extent the law allows. Nothing here limits rights you have as a consumer that cannot be excluded.

Limitation of liability#

To the extent the law allows, neither party is liable for indirect or consequential loss, or for lost profits, revenue or data that backups would have prevented, and each party's total liability under these terms is limited to the amount you paid Mailbay in the 12 months before the claim, or [USD 100] if more. These limits do not apply to fraud, to death or personal injury caused by negligence, to your breach of the acceptable use rules, or where the law does not allow them.

General#

• We may update these terms. For changes that matter we email workspace owners at least 30 days ahead; using Mailbay after that means you accept them. If you do not, you can delete your workspace.
• These terms are governed by [Governing law/courts], and disputes go to those courts.
• If a part of these terms is unenforceable, the rest still applies. Not enforcing a term is not a waiver.
• You may not transfer these terms without our consent; we may transfer them to a successor of Mailbay.
• Notices to us: [Contact email for legal notices]. Notices to you: the email of your workspace owner.