These General Terms of Service (the "Terms") constitute a legal and binding agreement between Mailead (referred to as "Mailead", "We", "Us", "Our", or "Service Provider") and you, or if you are representing an employer or client, then that employer or client ("You" or "Client"), which governs your use of Mailead’s website (https://mailead.io), the emailing services, and all other related services provided by Mailead (collectively, the "Services").
Mailead reserves the right to modify or update these Terms at any time and at its sole discretion, either by posting the changes on its Website or by providing some other form of notice. We will strive to provide at least 14 days' notice before these changes take effect. Your continued use of the Services will be subject to the most current version of the Terms posted on our Website at the time.
The following documents also form part of our agreement with you:
Definitions
Each capitalized term shall have the meaning defined here, unless stated otherwise. "Assistance Services" refers to any consulting, development, configuration, and settings assistance provided by Mailead to facilitate your access to and use of the Service, including the integration of an API into your own website or the implementation of an "SMTP-IMAP" protocol for email transfers. Assistance Services encompass Consulting Services, onboarding, and training services, along with all related activities. "Data" means any electronic data, whether personal or otherwise, collected, managed, processed, and/or shared by the Client and Service Provider through the use of the Services. "Service" refers to the Mailead external application solution hosted on servers and/or cloud infrastructure designated by the Service Provider, which you may access and use remotely. The Service includes various features, such as management of email campaigns with real-time monitoring of email deliverability, and sending and managing transactional emails. Mailead explicitly reserves the right, at any time during the agreement, to modify, adapt, or rearrange any components of the Service or associated documentation, provided that our maintenance and support commitments are maintained. Likewise, Mailead may discontinue any platform considered undesirable or obsolete and may migrate services to a new infrastructure; in such cases, we will endeavor to inform you promptly and encourage you to migrate your account to the new infrastructure. "Intellectual Property Right" encompasses all industrial property rights including patents, trademarks, designs and models, and copyrights (such as those for audiovisual effects, graphic interfaces, preparatory design materials, software, and source code, along with related documentation). "Operating Policies" are the operational rules, guidelines, and processes Mailead follows in operating the Service, compliance with which may also be required of the Client. These include the Privacy Policy and Mailead Sending Policy, as updated periodically, and are incorporated herein by reference. "Specific Terms" are the specific terms and conditions mutually agreed upon with the Client, detailing the financial and technical elements as specified in a quotation. "Website" refers to the web pages associated with the technological features of the Service as described in the Service Documentation, which can be accessed and configured for and/or by the Client in accordance with the Agreement.
Article 2. Support and Service Levels
2.1 Reasonable Efforts
We commit to using reasonable efforts, consistent with prevailing industry standards, to ensure that emails sent by you are properly delivered to recipients’ electronic mailboxes. To this end, we provide you with an online automatic monitoring service, enabling real-time updates and modifications to your mailing lists and email campaigns. You may also opt for additional services that may enhance the Service; these services will be billed separately and provided only after your acceptance of a quotation as outlined in the Specific Terms.
2.2 Support and Service Levels
You are responsible for designating an administrator (the "Administrator"), who will collect information and assistance requests from your users and attempt to address them. We provide second-level support for the Service ("Support"), which includes (i) responding to the Administrator’s requests for information and support related to the use of the Service, or (ii) resolving anomalies in the use of the Service that the Administrator has been unable to rectify despite their best efforts at first-level support. The Administrator should create a support ticket by sending a detailed request to: contact@mailead.io, noting that only the Administrator may initiate contact with or access the Support services.
Article 3. Use of the Services
3.1 Usage Guidelines
You are required to adhere to the terms and restrictions specified in these Terms and in the Operating Policies. It is your responsibility to ensure that all users associated with your account comply with these guidelines and restrictions. You must not disrupt or interfere with the operation of the Service and must adhere to the terms of the Agreement when accessing and using the Service. When utilizing the Mailead API, you are responsible for your own use of the Mailead platform and should keep your API call volume within reasonable limits. Mailead reserves the right to take any action deemed necessary to address any misuse at its sole discretion. You are subscribing to the Services on your own behalf, and you are not permitted to use our Services to send promotional emails for third parties, nor to transfer or provide use of the Services to your customers, even free of charge. As an indirect subscriber of Mailead, you subscribe to the Services under your own name but on behalf of your clients, with the goal of managing or reselling Mailead to your clients. Specific Terms apply to this type of usage, including the requirement to use sub-accounts to separate your clients’ email traffic and to provide necessary support to the end users.
3.2 Account Security
Upon creating your account, you are obliged to provide necessary information for order processing as requested online, including your surname, first name, or corporate name, along with a valid email address. This information will be processed in line with our Privacy Policy, which outlines how we handle, process, and store your data in providing our services. You are accountable for any consequences resulting from incorrect or false information you provide. You must keep all credentials, user IDs, and passwords associated with your account confidential and secure, and immediately inform us of any unauthorized use of your account or any loss or theft of credentials that allow access to the account. Each account is personal and should only be used by you or users you have authorized. You acknowledge that you may be held liable for any illegal, improper, or fraudulent use of the account and agree to indemnify and hold us harmless from any claims or actions arising from such use. We may ask for verification of your identity or authorization before allowing access to your account.
3.3 Content Responsibility
You bear sole and complete responsibility for any data, information, or content, particularly the content of emails or newsletters sent through the Service, even if such content is provided by a third party, like an SMTP relay or through the routing of an entire infrastructure (collectively referred to as "Content"). You also ensure that the Content adheres to applicable regulations as outlined in Article 4. You warrant that the Content will not: infringe, misappropriate, or violate any rights, particularly any Intellectual Property Rights, of any third party; contain any virus or malicious software intended to damage, intercept, or unlawfully seize any system, data, or personal data; include any illegal, harassing, libelous, abusive, threatening, harmful, vulgar, obscene material or any material that encourages criminal behavior, leads to civil liability or otherwise breaches any applicable laws or regulations; contain sensitive personal information such as social security numbers, individual health information, bank account details, or credit card numbers; be false, misleading, or inaccurate; or violate the Operating Policies. You acknowledge our right, though not the obligation, to monitor the Service and any data submitted to it. To fulfill legal obligations, we may take actions (including removing Content or denying routing of certain data and emails) that we reasonably deem necessary to prevent unlawful activities related to the Service. You expressly acknowledge and agree that Mailead is not liable for any loss or destruction of Content, including data, and you are responsible for maintaining appropriate backups.
3.4 Sending Policy
You are obligated to adhere to our Sending Policy. Specifically, you acknowledge being informed that a breach of this policy, particularly sending emails to recipients who have not expressly requested to receive them, or receiving an unusually high number of complaints, will entitle us to terminate your subscription and/or close the master account or any associated sub-accounts. In such cases, you will not be entitled to any refund or compensation. We also reserve the right to temporarily limit your sending capabilities, meaning the number of your daily and total emails sent will be restricted. You will need to take necessary steps to ensure your practices align with our policy and requirements before Mailead can remove the temporary sending restrictions and allow you to resume sending emails at your desired volume. If a temporary sending limit is imposed following a breach of your contractual obligations, you will still be liable for the payment of any contractually due amounts during the limitation period, and no refunds will be issued.
3.5 Fair Usage Policy
Mailead implements a Fair Use Policy to prevent potential abuse. When using the Mailead platform, you are responsible for managing the volume of your connected accounts, particularly those using custom IMAP-SMTP configurations that are not from major providers such as Google, Outlook, Office365, and Zoho, keeping usage within reasonable limits. We reserve the right to take any necessary actions to address improper use to maintain the quality and efficiency of our services. Additionally, Mailead may remove any account from its email 'warmup' service if it threatens the performance of other connected accounts. Mailead's plans allow up to a maximum of 99 connected email accounts per workspace at any time, unless a separate agreement specifies a different limit, governed by an applicable further Order Form.
Mailead commits to cooperating with all reasonable requests from the user. Both parties agree to respect one another and to refrain from making disparaging remarks about each other or each other’s businesses from the date of this agreement onward. Neither party will disparage the other, directly or indirectly, through any form of communication.
Violations of these terms may lead to immediate termination from the Mailead platform without any prorated refund and without any liability on the part of the service provider.
Article 4. Compliance with the Law
You (i) must comply with all applicable laws and regulations in any country from which you access the Website and/or use the Service, as well as in any country to which you send emails, and (ii) shall indemnify and hold us harmless from any action brought against us, judgment entered against us, or loss we may incur as a result of your non-compliance with applicable laws and regulations. Moreover, you agree to reimburse us for any actions or formalities we may be required to undertake in order to comply with a legal demand or request from an administrative or judicial authority related to your use of the Service. If you become aware of any violation by any third party of these Terms or of any laws or regulations, particularly in the event of a security breach by a third party or if you discover a security breach, you must immediately notify us by any means, including by sending an email to contact@mailead.io.
Article 5. Subscription Plans
Mailead offers various subscription options, both with and without a fixed commitment period. Detailed information about these options and their respective pricing is available on our website at: https://www.mailead.io/pricing. All pricing is denominated in U.S. Dollars.
5.1. Plan Term
The standard terms for subscription plans are either monthly or yearly.
5.2. Plan Renewal
Your subscription plan will automatically renew for the same term at the end of each subscription period unless you choose to cancel it. You may cancel your subscription at any time. Your monthly email credits and email finder credits will remain active until the end of the current subscription period (renewal date).
5.3. Plan Changes
You have the flexibility to upgrade or downgrade your subscription plan at any time to any other plan currently offered by Mailead. If you downgrade to a less expensive plan, the new charges will apply after the end of your current plan’s term. If you upgrade, the new plan takes effect immediately, and you will be charged the difference based on the prorated amount of the new, higher-priced plan.
5.4. VAT and Taxes
The prices displayed on our pricing page do not include VAT or other sales taxes. When you register your country, appropriate VAT will be added to the total price. If registering from the USA, you must provide your ZIP code so that applicable sales taxes based on your location can be calculated and added to the total price. Our prices are started in U.S Dollars.
5.5. Changes in Fees
Mailead reserves the right to change the fees for the Services at any time or introduce new fees or charges, with such changes becoming effective after a 30-day notice period. Fee changes will apply to the next billing cycle of your subscription. If you disagree with the fee changes, you have the option to cancel your subscription before the commencement of the new billing cycle. Upgrades or downgrades to a new subscription plan will be charged at the current rate as listed on the pricing page, unless otherwise agreed between you and Mailead.
5.6. Rights
Mailead reserves the right to deactivate your access to the Services for non-payment of applicable fees.
Article 6. Termination
6.1 Right of Withdrawal
The Services are strictly for professional use, and consumer withdrawal rights do not apply.
6.2 Termination by Mailead
Mailead may terminate your account and cease providing Services at its discretion under certain conditions, including but not limited to: for any legitimate reason on a free plan with reasonable notice; following a breach of laws, regulations, or these Terms, particularly if you fail to pay, have a payment incident, misuse the Services, breach website security, or engage in fraudulent activities using the website.
6.3 Consequences of Termination
Upon termination of your account for any reason, all outstanding amounts become due immediately. No refunds will be provided for any prepaid fees, and you will be billed for the entire amount that would have been due for the remainder of the term. After termination, you will no longer have access to your account or the data stored within it, except as allowed under our Privacy Policy and applicable laws.
7.1 Trademarks
The service name Mailead and all related trademarks displayed on the Website are registered trademarks owned by the Service Provider. You are prohibited from using any of these trademarks without the express written consent of the Service Provider. All content on the Website, including graphics, logos, page headers, icons, and service names are the property of the Service Provider and its affiliates. Trademarks that appear on the Website that are owned by third parties remain the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Service Provider.
7.2 Copyrights
All elements on the site, including graphic elements (such as the graphical interface), logos, headers, icons, service names, literary content, and computer programs are protected by copyright laws and remain the full property of their authors. Unauthorized use of the site’s content or design without the express written consent of the Service Provider is prohibited. This includes copying, modifying, creating derivative works, or distributing any content. Regarding the software used, you may not reverse engineer, decompile, or otherwise attempt to extract the software’s source code. Any infringement of these terms will be prosecuted under applicable copyright laws.
7.3 Right of Access and Use
Subject to the full payment of all applicable fees for paid plans, Mailead grants you a limited, non-exclusive, non-transferable, personal, and temporary right to access and use the Service. This grant of rights is not an assignment of any intellectual property rights.
7.4 Exclusive Rights
Mailead retains the exclusive right to modify, adjust, or alter any components of the Service, including correcting any errors. Mailead holds all intellectual property rights concerning the works and services performed in connection with the Services, as well as all associated documentation, copies of such works and services, and any derivatives, modifications, or enhancements.
Article 8. Warranties
Mailead strives to deliver a functional Service and to comply substantially with its documentation but does not guarantee that the Service will be free from errors or bugs. If you encounter any compliance issues, you must notify Mailead as soon as possible, and Mailead will make reasonable efforts to resolve these issues; this is your sole recourse. Mailead also ensures that Support Services will be provided in accordance with the descriptions in the Specific Terms you signed, where applicable, and proper codes of practice, as the the Service Provider is solely committed to a duty of effort.
Article 9. Limitation of Liability
The Service and the Website may include links to other websites or Internet sources. Since Mailead cannot control these external sites and sources, it cannot be held responsible for the availability of such external sites or resources, nor can it be held liable for any content, products, services, or other materials available from such external sites or sources. The inclusion of any links does not imply endorsement by Mailead of the linked websites or any content therein. Furthermore, Mailead will not be liable for the actions or behaviors of other users, nor for any damage or loss resulting from the use of, or reliance on, the content, products, or offerings provided by such external websites or sources. Mailead will be excused from performing Services in the event of Force Majeure, as defined in article 11.5 of these Terms. Additionally, for maintenance purposes, Mailead may temporarily suspend access to the Services and will endeavor to minimize the duration of any interruption and notify you in advance. In no event will Mailead (including its third-party suppliers, employees, or representatives) be liable for indirect or consequential damages of any kind, including, but not limited to, loss of revenue, profits, business, or data, even if the parties were aware of the possibility of such damages. Mailead’s total liability, for all damages combined, is limited to the amount paid by you for the use of the Website and Services during the twelve (12) months preceding the event causing the damage. This limitation does not apply to damages resulting from bodily injury (including death), willful misconduct, or gross negligence. You acknowledge that you have agreed to the Services fully aware of the risks involved and the level of risk acceptable to you, with the pricing being agreed upon in consideration of this limitation, which is integral to the economic balance of the Agreement.
Article 10. Confidentiality
The Service Provider and You agree to maintain the confidentiality of all information and documents exchanged between them during the execution of this Agreement, as well as any information obtained during this period. This confidentiality obligation extends beyond the use for the sole purposes of fulfilling the Agreement. Both parties will ensure that all associated parties, including subcontractors, clients, or any third party, adhere to this confidentiality obligation with the same level of care as they would their own confidential information. Both parties recognize that any violation of these confidentiality obligations could cause irreparable harm to the other party, for which legal remedies might be inadequate. Therefore, the aggrieved party will be entitled to seek equitable relief in addition to any other remedies available. The Client is prohibited from disclosing the results of any performance tests on the Service to any third party without the prior written consent of the Service Provider. Information that is publicly available, required to be disclosed by law, or necessary due to a judicial or administrative order is excluded from this confidentiality obligation.
Article 11. Miscellaneous
11.1 Agreement Transfer and Change of Control
The Client’s right to access and use the Service is personal, temporary, non-transferable, and non-exclusive. It is explicitly agreed that the Client shall not transfer the Agreement or any rights derived from the use of the Service to any third party, whether by contribution, assignment, concession, merger, demerger, loan, or otherwise, even without consideration or within the group to which the Client belongs, without the prior written consent of the Service Provider.
11.2 Subcontracting
The Service Provider reserves the right to employ subcontractors of its choosing to fulfill the services related to the Agreement and will remain responsible to the Client for the performance of these services, in accordance with the terms of the Agreement and any specified reservations.
11.3 Entire Agreement
These Terms, along with any associated Operational Policies, purchase orders, and/or special conditions, represent the complete agreement between You and us. They define all rights and obligations of the parties and supersede all previous oral or written agreements related to the subject matter hereof. Any modifications to this Agreement must be made in writing and signed by both parties, designated explicitly as an amendment.
11.4 Severability
If any provision of this Agreement is deemed invalid or unenforceable under any statutory provision, law, or regulation, or is invalidated by a judicial decision, it will be considered severable from the Agreement, but this will not affect the validity or enforceability of the remaining provisions.
11.5 Force Majeure
The Service Provider will not be held accountable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to strikes, lockouts, internet shutdowns by providers, and cyber-attacks ("Force Majeure"). During a Force Majeure event, this Agreement will be automatically suspended, and neither party will be liable for non-performance or delays. The affected party must provide prompt written notice of their inability to perform and endeavor to resume performance as soon as possible. The other party may suspend their obligations until performance resumes. If the Force Majeure event persists for more than sixty (60) days, either party may terminate the Agreement by certified mail, effective immediately, provided the affected obligations are material to the Agreement.
Article 12. Your Data
"Your Data" refers to any data and content stored or transmitted via the Services by you or on your behalf, including data imported from third-party services you utilize. This encompasses messages sent, files uploaded, comments on files, and all other entries or uploads into Mailead. To utilize our Mailead Services, you must link a third-party email account to your Mailead Services account and grant us certain rights regarding Your Data. For instance, by using the Services, you permit Mailead's software to access your email account to enable you to send emails and check for replies to emails you've sent.
You maintain full ownership of Your Data. We claim no ownership rights over it. However, we require the ability to transmit, store, and copy Your Data to display it to you and your teammates, to index it for search capabilities, to create backups to prevent data loss, and more. Your acceptance of these Terms of Service authorizes us to perform these actions and grants us any necessary rights solely for the purpose of providing the service.
This permission extends to allowing us to use third-party service providers (like Amazon Web Services) in the operation and administration of the service, with the rights granted to us also extended to these third parties as needed to provide the service.
You are solely responsible for your conduct, the content of Your Data, and your communications while using the Services. It is your responsibility to ensure that you possess all the rights and permissions needed to comply with these Terms and to avoid infringement or violation of the rights of others. You are also responsible for ensuring your users comply with these Terms, using commercially reasonable efforts to prevent unauthorized access to or use of the Services, and to promptly notify us of any such unauthorized access or use.
We verify all emails uploaded to a Mailead account to maintain high-quality deliverability standards, lower bounce rates, and uphold a high deliverability reputation for our clients. Email addresses detected as invalid will be blocked by the system, and you will not be able to send emails to these addresses via Mailead.
To support this safeguard, Mailead may use data regarding the status of email validity and deliverability (e.g., bounced, invalid, valid, risky) for any email that is imported or manually added to an account to enhance the internal email validation functionality.
You acknowledge that Mailead has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety, or legality of Your Data or any other information or content you may access using the Service
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