These Terms of Use (“Terms”) outline the basic terms and conditions governing the services offered by MailCompose via its website and mobile application.

MailCompose offers transactional email services, and for U.S.-based customers, also provides transactional and/or marketing SMS services ("Services").

In these Terms, "we," "us," and "our" refer to MailCompose, while "you," "your," and "yours" refer to the user.

MailCompose commits to providing the Services in a professional manner, adhering to these Terms of Use and all applicable laws.

To use our Service, you must:
- Be at least eighteen years old;
- Provide accurate contact and billing information; and
- Agree to these Terms, along with our Anti-Spam Policy, DPA, and API Use Policy, which are incorporated into these Terms.

By signing up or using the site, you agree to these Terms and confirm that you meet all the requirements stated here. You also agree not to use the Services in violation of these Terms, laws, or regulations. Failure to comply may result in the suspension or termination of your account.

The payment period for a monthly plan is one month, and payments can be made via credit card. If you exceed your Services limit, you will need to pay for the additional usage.

The rates for our Services and any additional services are available at www.mailcompose.com/pricing. We reserve the right to modify our fees and pricing at any time.

All subscription fees listed on the MailCompose pricing page at https://www.mailcompose.com/pricing are exclusive of VAT and/or sales tax. VAT rates vary by country, and the applicable rate will be shown at checkout and on your final invoice based on your billing country. You may order the Services without paying VAT if:
- You are from an EU country and have a registered VAT number;
- You are from outside the EU, whether as a business or private individual.

For customers in countries where VAT does not apply, sales tax or any other applicable taxes will be added to the total purchase price during checkout. In case of any tax-related discrepancies, the final checkout price will prevail.

MailCompose will make commercially reasonable efforts to deliver your email and/or SMS messages, but delivery is not guaranteed. Factors such as third-party filtering services and the policies of recipient email/SMS providers may prevent successful delivery.

Although MailCompose offers some filtering services designed to block spam, it does not provide virus scanning. We recommend implementing additional security measures to protect against spam, phishing attempts, and virus-infected emails. You acknowledge that the limitations of our filtering service may result in legitimate emails being mistakenly filtered or some unwanted emails, including virus-infected ones, not being blocked.

MailCompose is not liable for any damages resulting from the failure of its filtering services to block unwanted emails or SMS, the capture of legitimate emails, or the failure of your email or SMS to reach its intended recipient.

"Communications" refers to transmissions sent via API, including email or SMS. You acknowledge and agree that MailCompose may occasionally send you communications about your account or the Services via email.

You must be a registered user to access the Services and are responsible for keeping your password secure. You are solely responsible and liable for any activity that occurs under your username.

If your account remains inactive for 6 months or more, MailCompose reserves the right to permanently delete your account and all associated data, including recipient lists, sending history, account activity, and content. If your account is subject to automatic deletion due to inactivity, you will receive email notifications 30 days, 7 days, and 1 day before permanent deletion, with no option for data recovery.

MailCompose allows you to send two types of emails: transactional and marketing. Transactional emails are automated messages sent to facilitate transactions or provide a product or service. Marketing emails are newsletters intended solely for marketing your product or service.

Similarly, you can send two types of SMS: transactional and marketing. Transactional SMS are automated messages sent to facilitate transactions or provide a product or service. Marketing SMS are sent with the purpose of promoting your product or service. In doing so, you must comply with all applicable laws and guidelines, including the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, which are subject to updates and amendments.

To send transactional emails or SMS using our Services, you must ensure and be able to prove that the messages are sent based on:
- Permission-based subscriptions (“opt-in”);
- Contracts between you and your customer;
- Legitimate interest purposes; or
- Other legal grounds.

It is strictly prohibited to send transactional emails or SMS to recipients whose data was purchased, rented, or acquired from a third party.

For sending marketing emails or SMS, you must have the recipient's consent in compliance with applicable laws and regulations, such as the General Data Protection Regulation (GDPR) or section 7, paragraph 2, number 3 of the Act Against Unfair Competition (UWG), among others. Consent must be explicit, or there must be an existing business relationship with the advertiser under specific legal conditions.

Each marketing email sent via MailCompose must include a clear, single-click unsubscribe link using MailCompose's "track unsubscribes" feature. Once a recipient unsubscribes, you must cease sending them marketing emails.

For every transactional or marketing SMS, you must provide clear opt-out instructions, including “Reply STOP to unsubscribe” or “Reply STOP to cancel” at the end of the initial message. Upon opting out, you must immediately stop sending them SMS.

MailCompose reserves the right to terminate any account found in violation of its Terms of Use, particularly when abuse complaints exceed allowed limits, without refund.

You may send transactional and marketing emails and/or SMS using MailCompose only if the content is created by you or you have the rights to use it. You represent and warrant that you either own or have permission to use all materials, content, data, and information, including your personal information and the personal information of others, that you submit to MailCompose while using the Service.

MailCompose reserves the right to review the content from your account to ensure compliance with these terms.

Each party agrees not to use the other party's confidential information, defined as non-public information disclosed in any form that (i) is labeled as “Confidential,” (ii) a reasonable person would recognize as confidential, or (iii) includes products, customers, marketing, promotions, know-how, and other sensitive information not independently developed or known to the receiving party on a non-confidential basis prior to disclosure (“Confidential Information”), except in connection with the performance or use of the Services, exercising legal rights under these Terms, or as required by law. Each party will use reasonable care to protect Confidential Information from unauthorized disclosure.

Confidential Information may only be disclosed to third parties (i) to representatives who agree to confidentiality measures as strict as those stated in these Terms of Use, (ii) as required by law, or (iii) in response to a subpoena, court order, or other legal processes. In such cases, the party subject to disclosure must provide the other party with written notice at least seven days prior to disclosure unless prohibited by law.

Your email messages and other items sent or received via the mail service will contain information generated by the systems and networks involved in creating and transmitting the message, such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering data (“message routing data”). You agree that MailCompose may access and use this message routing data for general business purposes, including maintaining and enhancing security, improving our services, and developing new products. Additionally, you consent to MailCompose disclosing message routing data to third parties in aggregated statistical form, ensuring that no identifying information about you is included.

Creating multiple accounts is prohibited. As an individual, you must not:
- Create multiple users;
- Create different accounts using the same domain or different subdomains; or
- Log in with different credentials.

You are permitted to create only one account where all your domains should be managed.

MailCompose reserves the right, at its sole discretion, to allow the creation of multiple accounts in certain circumstances.

MailCompose shall not be liable or responsible in any way for the content, use, or any other connection with this website or mobile app, nor for any indirect, special, incidental, or consequential damages (including but not limited to loss of use, profits, revenue, income, anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of data). This applies whether the action is based on contract, equity, or otherwise and arises out of or is in any way connected with the use or inability to use this site, mobile app, or its materials, or from unauthorized access to or alteration of data.

MailCompose will not be liable for any delays or failures in performance of any part of the Service caused by force majeure circumstances that prevent or delay us from fulfilling our obligations.

MailCompose may suspend the Services without liability if: (i) MailCompose reasonably believes the Services are being used in violation of the Terms; (ii) you do not cooperate with our reasonable investigation of any suspected Terms violation; (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent; (iv) MailCompose is required by law or a regulatory or government body to suspend the Services; or (v) there is any other event where MailCompose reasonably believes that suspending the Services is necessary to protect the MailCompose network or our other customers.

Services suspended due to non-payment or breach of the Terms may be reinstated only after the payment is received or the breach is corrected.

The term of Service will remain in effect as long as you have a MailCompose account or until either you or we terminate it.

We reserve the right to terminate your account at any time, with or without cause. You also have the option to cancel your account at any time without penalty. If you cancel your account, all data related to your account will be permanently lost.

We are obligated to provide a refund only if we terminate our Services to you without cause before the end of a billing period. No other circumstances entitle you to a refund, including the following:
- We do not provide refunds if your account is suspended due to a violation of these Terms or our API Use Policy.
- We do not refund unused or partially used plans (monthly or yearly) if you did not use the Services, partially used them, forgot to cancel your plan, or canceled immediately after your credit card was charged for the new billing period. Refunds are also not available if you purchased the wrong plan (even by mistake) or decided to cancel your subscription after purchase due to functionality.

We treat all customers equally and do not make exceptions to these Terms.

At our sole discretion, we may offer refunds in exceptional situations, provided you apply for the refund in accordance with the requirements we post on our website or mobile app, which may change from time to time. Refunds can only be issued within 30 days of the last transaction date. Once issued you can expect the amount to be credited within 15 working days.

In the event of internal disputes involving MailCompose accounts, you are responsible for resolving the matter directly with the other party. You must not request access to, or information about, an account to which you do not have access.

MailCompose reserves the right to suspend any account involved in a dispute to safeguard the security and privacy of the data within the account until the dispute is resolved. To suspend an account, we may request a copy of a court decision or other legitimate documentation confirming the dispute.

We may modify or terminate our Services at any time, for any reason, and without prior notice. We also reserve the right to change these Terms of Use at any time without notice, so please review them periodically as they may change in the future.

We may, but are not obligated to, remove accounts and content that we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable. We will remove any content that violates another party’s intellectual property rights or these Terms of Use.

MailCompose does not claim any intellectual property rights over the material you provide to the Service.

However, you acknowledge that MailCompose owns all rights, title, and interest in and to the Service, including all intellectual property rights, which are protected by international intellectual property laws. You agree not to copy, reproduce, alter, modify, or create derivative works from the Service.

At MailCompose, protecting your privacy and the privacy of your recipients is a top priority. Please review our Privacy Policy to learn more about how we process and protect personal data in accordance with industry best practices.

MailCompose reserves the right to modify these Terms of Use at any time. If we make changes, they will be posted on this page. All changes are effective immediately upon posting, and we recommend that you review these Terms of Use periodically.

These Terms of Use take effect the moment you become our client and will remain in effect until terminated as outlined in these Terms.