Terms of Service

Welcome to Mailbree. These Terms of Service ("Terms") govern your access to and use of our email infrastructure services, website, and any related services (collectively, the "Services"). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

Mailbree provides email infrastructure services including SMTP relay, email API, analytics, and related tools for sending transactional and marketing emails. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

3. Account Registration

To use our Services, you must:

• Create an account with accurate and complete information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Be at least 18 years of age or the age of majority in your jurisdiction
• Not share your account with others without our permission

4. Acceptable Use Policy

You agree NOT to use our Services to:

• Send spam or unsolicited commercial emails without proper consent
• Violate any applicable laws or regulations, including CAN-SPAM, GDPR, or CCPA
• Send emails containing malware, phishing attempts, or malicious content
• Harvest email addresses or personal information without consent
• Impersonate any person or entity
• Send emails that are harassing, abusive, or threatening
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to any systems or accounts
• Send emails on behalf of third parties without proper authorization

5. Email Sending Requirements

When using our Services to send emails, you must:

• Obtain proper consent from recipients before sending marketing emails
• Include a valid physical mailing address in all marketing emails
• Provide a clear and functional unsubscribe mechanism
• Honor unsubscribe requests within 10 business days
• Use accurate and non-deceptive subject lines and sender information
• Maintain clean email lists and remove invalid addresses promptly

6. Payment Terms

For paid plans:

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as stated in our refund policy
• We may change our pricing with 30 days' notice
• Overages will be billed at the rates specified in your plan
• Failed payments may result in service suspension

7. Service Level Agreement

We commit to the following service levels:

If we fail to meet these SLA commitments, you may be eligible for service credits as described in your plan documentation.

8. Intellectual Property

The Services, including all content, features, and functionality, are owned by Mailbree and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Services without our express written consent. You retain ownership of any content you send through our Services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILBREE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE ANY SPECIFIC DELIVERY RATES OR INBOX PLACEMENT.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mailbree and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Termination

We may suspend or terminate your access to the Services immediately, without prior notice, if you breach these Terms or engage in any activity that may harm our Services or reputation. You may terminate your account at any time through your account settings. Upon termination, your right to use the Services will immediately cease.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

15. Contact Information

If you have any questions about these Terms, please contact us: