Legal

Terms of Service

Effective date: April 9, 2026 · Last updated: April 9, 2026

These Terms of Service ("Terms") govern your access to and use of Mailaki ("Service"), operated by Mailaki, Inc. ("we", "us", or "our"). By creating an account or using the Service you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract. By using the Service you represent that you meet these requirements. If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you believe your account has been compromised. We reserve the right to disable accounts that violate these Terms.

3. Acceptable Use

You agree not to use the Service to:

Send unsolicited commercial email (spam) or any email without recipient consent
Send emails that violate CAN-SPAM, CASL, GDPR, or any other applicable law
Distribute malware, phishing content, or fraudulent messages
Harvest email addresses without explicit permission
Impersonate any person or entity or misrepresent your affiliation
Attempt to bypass rate limits, authentication, or other technical controls
Resell or sublicense access to the Service without written approval
Use the Service in any way that degrades performance for other customers

We reserve the right to suspend or terminate accounts that violate these policies without notice if required to protect the Service or other users.

4. Email Sending Requirements

You must maintain a list hygiene process and honor unsubscribe requests within 10 business days. Your emails must include a valid physical address and a functional unsubscribe mechanism. You are responsible for ensuring that all recipients have opted in to receive communications from you. Mailaki may enforce sending limits or apply additional screening if your complaint rates, bounce rates, or spam trap hits exceed acceptable thresholds.

5. API Keys and Security

API keys are credentials. Treat them like passwords — do not embed them in public repositories or client-side code. You are responsible for any usage that occurs with your API keys. We provide IP allowlisting and key scoping features to help you limit exposure; use them.

6. Fees and Payment

Free plan usage is subject to the limits stated on the pricing page. Paid plans are billed monthly in advance. Overage charges are billed at the end of the billing period. All fees are non-refundable except as required by law or as stated in our refund policy. We reserve the right to change pricing with 30 days' notice. Continued use after the notice period constitutes acceptance of the new pricing.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You retain ownership of data you transmit through the Service. You grant us a limited license to process that data solely to provide the Service.

8. Intellectual Property

The Service, including all software, APIs, documentation, and trademarks, is owned by Mailaki, Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of any part of the Service without our prior written consent.

9. Uptime and SLAs

We target 99.9% monthly uptime for the API and ingest services. Scheduled maintenance windows are excluded. SLA credits are available on paid plans — see your plan details for specifics. Credits are your sole remedy for downtime. We are not liable for outages caused by factors outside our reasonable control.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to indemnify and hold harmless Mailaki, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or violation of any third-party rights.

13. Termination

You may close your account at any time via the dashboard. We may suspend or terminate your access at any time if you violate these Terms or for any other reason with or without notice. Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination before deletion, unless otherwise required by law.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes we will notify you by email or by posting a prominent notice in the dashboard. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance.

16. Contact

Questions about these Terms? Email us at [email protected].