Terms & Conditions

1. Eligibility

To use the Services, you must be at least 18 years old and capable of entering into legally binding contracts under applicable law. If you are using MailSend on behalf of an entity, corporation, or organization, you represent and warrant that you possess full corporate authority to bind that entity to these Terms.

2. Account Registration and Security

You must register an account to access the Services. You agree to provide accurate, current, and complete registration information and maintain its accuracy. You are solely responsible for safeguarding your login credentials, OAuth tokens, and REST API secret keys.

You are strictly liable for all actions, API calls, and email transmissions conducted using your credentials, whether authorized by you or not. MailSend shall not be liable for any loss, breach, or damage arising from your failure to safeguard your credentials or API keys. You agree to notify us immediately at [email protected] upon discovering any unauthorized account access.

3. Acceptable Use & Anti-Spam Policy

MailSend maintains a strict, zero-tolerance policy against unsolicited commercial email (spam), abusive content, and deceptive practices. You agree to use the Services strictly for lawful purposes and in full compliance with international anti-spam and electronic privacy statutes, including the U.S. CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the EU/UK General Data Protection Regulation (GDPR), the Australian Spam Act 2003, and the Singapore Personal Data Protection Act (PDPA).

Recipient Consent & List Hygiene

• No Purchased or Scraped Lists: You may never upload, import, or transmit emails to purchased, rented, third-party, scraped, or publicly harvested email lists. All recipients must have granted verifiable, affirmative opt-in consent to receive communications from you.
• Mandatory Unsubscribe Facility: Every marketing and commercial email transmitted through MailSend must contain a conspicuous, functioning, one-click unsubscribe mechanism. You must not charge a fee, require additional login credentials, or take longer than standard legal timeframes (MailSend enforces real-time suppression) to honor opt-out requests.
• Physical Postal Address: In compliance with the CAN-SPAM Act and global anti-spam laws, all commercial emails must prominently include your valid physical postal mailing address or registered P.O. Box.
• Prohibited Content & Verticals: You may not use MailSend to send malware, ransomware, phishing, deceptive financial schemes, payday loan solicitations, illegal pharmaceutical offers, or copyright-infringing content.

Reputation & Suspension Thresholds

To preserve sending IP reputation and protect our email infrastructure, MailSend continuously monitors bounce, complaint, and spam metrics. MailSend reserves the right to immediately suspend or throttle sending without prior notice if:

• Your hard bounce rate exceeds 5.0%;
• Your spam complaint rate exceeds 0.1% (1 complaint per 1,000 sent emails); or
• Your domain or sending IP appears on major industry blacklists (e.g., Spamhaus, Invaluement, Barracuda).

4. Subscriptions, Billing & Digital Delivery

MailSend provides subscription tiers and quota allocations as detailed on our pricing schedule. Subscriptions renew automatically at the commencement of each billing cycle (monthly or annually) unless cancelled through your dashboard before the renewal date.

Payment Processing: Billing is processed securely through our authorized payment partner, Razorpay (supporting domestic transactions and international payments via integrated PayPal). By providing payment details, you authorize recurring charges for the selected plan and applicable taxes.

Instant Digital Delivery: MailSend is an electronic cloud Software-as-a-Service (SaaS) and API platform. No physical goods or shipments are involved. Upgraded sending allowances, API limits, and workspace privileges are provisioned immediately upon successful transaction authorization.

5. Refund Policy (24-Hour / 0-Email Rule)

MailSend provides an explicit, transparent refund standard:

Hobby tier accounts, recurring renewal charges, overage fees, custom enterprise agreements, and any accounts suspended or terminated for violating our Anti-Spam or Acceptable Use policies are strictly non-refundable.

Refund Processing Timeframe: Approved refunds are credited directly back to the original source of payment (Credit Card, Debit Card, Net Banking, or UPI) within 5 to 7 business days, subject to your bank or card issuer's clearing policies.

6. Service Availability

We strive to provide dependable, high-availability service, but 100% uptime is not guaranteed. Routine maintenance, security patching, and emergency operational updates may occur. MailSend is not liable for service interruptions caused by third-party upstream telecom failures, internet outages, public cloud provider degradation, or force majeure events.

7. Subprocessors and Integrations

To operate and scale our global infrastructure, MailSend engages vetted third-party subprocessors for compute, database storage, email routing, payment processing, and telemetry. An up-to-date directory of our subprocessors, their hosting locations, and roles is maintained on our Subprocessors Directory.

You may connect third-party integrations (e.g., DNS registrars, webhook listeners, MCP clients). Your use of third-party platforms is governed solely by their independent terms and privacy notices.

8. Termination and Suspension

You may cancel your account at any time through the workspace settings. Cancellation terminates recurring billing at the end of the paid term. MailSend reserves the right to immediately suspend or permanently terminate your access without prior notice or liability if:

• You breach any provision of these Terms or our Acceptable Use Policy;
• Your sending activity triggers excessive spam complaints, hard bounces, or provider reputation damage;
• Required by law, valid subpoena, court order, or banking regulations; or
• You fail to pay applicable subscription fees when due.

9. Account Inactivity and Data Deletion

Free tier accounts that have never had a successful paid subscription history and exhibit 60 consecutive days of inactivity (no dashboard sign-ins or authenticated API calls) may be queued for deletion. Prior to deletion, MailSend will transmit an advance notice to the registered account email providing at least 7 days to log in and preserve the account.

Accounts that have ever completed a paid billing cycle are permanently exempt from automated inactivity deletion.

10. Data Loss and Deletion Liability

Once an account is deleted under our inactivity policy or following voluntary closure, its contact lists, suppression history, email templates, logs, and API credentials are permanently and irreversibly purged. MailSend shall not be liable for any data loss, business interruption, or inability to recover purged data after account deletion.

11. Data Protection, DPA & Standard Contractual Clauses (SCCs)

For personal data submitted by you to send emails to your recipients, you act as the Data Controller and MailSend acts as a Data Processor under GDPR Article 28 and relevant data protection legislation. Our data processing practices are governed by our Privacy Policy and incorporated Data Processing Addendum (DPA).

For transfers of personal data from the European Economic Area (EEA), the United Kingdom, or Switzerland to countries without an adequacy decision, the parties agree to abide by the European Commission's approved Standard Contractual Clauses (SCCs) and the UK International Data Transfer Addendum, which are incorporated by reference.

12. Intellectual Property

All intellectual property rights in the Services, including software, design systems, algorithms, documentation, APIs, and MailSend logos, remain the exclusive property of MailSend and its licensors. You retain full ownership of the email content and contact lists you upload to the platform.

13. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MAILSEND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MAILSEND DOES NOT GUARANTEE THAT EMAILS DISPATCHED THROUGH THE SERVICE WILL REACH INBOXES WITHOUT FILTERING, OPENING, OR BOUNCING, AS FINAL DELIVERY IS DETERMINED BY THIRD-PARTY RECIPIENT MAIL EXCHANGERS (MX), SPAM FILTERS, AND REPUTATION ALGORITHMS BEYOND OUR CONTROL.

14. Limitation of Liability & Damages Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILSEND, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, WORK STOPPAGE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

OUR TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MAILSEND IN THE SIX (6) MONTHS PRECEDING THE CLAIM GIVING RISE TO LIABILITY.

15. Indemnification

You agree to defend, indemnify, and hold harmless MailSend, its affiliates, officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, judgments, losses, and reasonable legal fees arising out of: (a) your use of the Services; (b) any email content, templates, or recipient data transmitted through your account; (c) your breach of these Terms or Acceptable Use Policy; or (d) your violation of any third-party rights or applicable anti-spam laws.

16. DMCA & Copyright Takedowns

MailSend respects intellectual property rights and complies with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe your copyrighted material is being infringed by content transmitted or hosted via MailSend, please submit a written DMCA notice to our Designated Copyright Agent:

Notices must include identification of the copyrighted work, the infringing URL or identifier, your contact information, a statement of good faith belief, and a signature under penalty of perjury.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to conflict of laws principles. Any dispute or claim arising under these Terms shall be resolved exclusively by the competent courts located in India.

18. Changes to These Terms

We may update these Terms periodically to reflect regulatory requirements, infrastructure enhancements, or service changes. In the event of material revisions, we will provide notification via email or prominent dashboard banner. Your continued use of MailSend after such updates becomes effective constitutes your binding acceptance of the updated Terms.