Terms and condition

The purpose of these Terms is to introduce the basic terms and conditions of our services. Mailercloud is a software that provides people with a means to collect email addresses and to create, send communications emails (“Service”). This service may not be used for the sending of unsolicited email ("spam"). Please note that throughout these Terms, "we," "us," and "our" refer to Mailercloud, and "you," "your," and "yours" refer to the user.

Acceptance of Terms

To use our Service you must:

  • be at least eighteen years old,
  • provide accurate contact and billing information,
  • agree with these Terms and Anti-Spam Policy, which forms part of these Terms.

By signing up, using the site or mobile app, you accept these terms and conditions and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.

General rules
  • You are not allowed to send spam. Please read our Anti-Spam Policy for more information;
  • Your email lists must be permission-based subscriptions;
  • Your use of our Service have to comply with all applicable laws and regulations;
  • You are not allowed to use our tracking/campaign preview links when sending emails with other services than ours.

If you violate any of these rules, we may suspend or terminate your account.

Payment terms
  • Payment is not made until provision of Service. The payment period is one month when you order a monthly plan or one year when the annual plan is ordered. Payment for the monthly plan can be settled by credit card, and for the annual plan - by credit card or bank transfer.
  • The rates for Service and additional services provided by us are listed at www.mailercloud.com/pricing. Prices don't include VAT or other taxes of any kind. We may modify or change our fees and pricing at any time.
Communications

You acknowledge and agree that Mailercloud may occasionally send you communications regarding your account or the Service via email.

Accounts, passwords and security

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

Appropriate email practices

All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely not acceptable or allowable to use a list that has been purchased, rented or from a third-party.

Mailercloud reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.

Consent

Emails are only sent to recipients who have given their consent to receive these emails according to applicable laws and regulations (e. g. General Data Protection Regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data); or according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) - (opt in) - or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met, and etc.).

Consent to receive advertisements through email has to be given separately. The recipient must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions).

The recipients must give their consent actively through a conscious act. Pre-clicked/pre-marked boxes may not be used. The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of obtaining consent. This must also contain information as to how consent may be revoked and with whom. The option to revoke consent may not be more complicated than the obtaining of the consent. Revoked consent must be implemented after five (5) working days at the latest.

E-mail format

The contracting entity - that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. It must be complete to the extent permitted by applicable law. The ‘about us’ section shall contain the following information:

  • Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with, as well the appropriate registration number.
  • Contact information, at least a valid telephone number or an electronic contact form, as well as email address.
  • If there is a value added tax identification number according to section 27a of the value added tax act or a business identification number according to section 139c of the tax code, this number shall be provided. Further reaching information obligations, for example according to section 5, paragraph 1 of the Telemedia Act (Telemediengesetz–TMG) remain untouched.
  • Each email must contain an option to withdraw permission to send any further emails. Cancellation must be possible for the recipient, without having to know access data (such as login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly.
  • Neither the sender nor the commercial character of the message may be obscured or concealed in the header or the subject header of the email. Obscuring or concealing is taking place when the header and subject header are composed in such a way that the recipient cannot get any or can get only misleading information about the actual identity of the sender or the commercial nature of the message before the message is opened and read.
  • The sender must remove email addresses from the mailing list after three hard bounces.
  • The customer has to name a contact (name/phone number/e-mail address) for complaints. Response time for complaints must not exceed 24 hours on business days.
  • When using email addresses that the sender or his/her customers received from third parties, the sender or his/her customer is obligated to make sure before the advertisement action is taken that only recipients who have given their consent according to these criteria are emailed; a consent that not only refers to mailings sent by a third party but also by the sender himself or the sender’s customer.
  • The retrieval of address data for third parties (such as through co-sponsoring) should be transparent to the user. More so, address data retrieved in such a way should only be used for a mailing if: a) the companies for which the address data is generated were named individually, transparently and categorized by industry; b) users were able to easily access the list of companies; c) the number of companies or persons for whom the address data was collected is reduced in a way that excludes the forwarding of user data to an unreasonably large circle of third parties and that allows the user to easily comprehend the consequences and the extent of his consent as well to easily control the legal handling of his data. a) the companies for which the address data is generated were named individually, transparently and categorized by industry;


For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.

Appropriate content

We allow sending only relevant content, which is requested by subscribers and corresponds to the CAN-SPAM Act. You can’t send pornography, affiliate marketing, pyramid schemes, MLM, "Get Rich Quick", Forex, Escort services, gambling, weight loss material, mobile unlocking services or offer illegal goods and services. You are also not allowed to send content that encourages discrimination, bullying or actions that could impose health-risk, such as anti-vaccination material.
You can send newsletters using Mailercloud only if the content is created by you or you have the right to use it. You represent and warrant that you either own or have permission to use all of the material, content, data, and information, including your personal information and the personal information of others, you submit to Mailercloud in the course of using the Service.

Multiple account abuse

Creating multiple accounts with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.

Limitation of Liability

In no event shall Mailercloud be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website or mobile app, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or mobile app or the materials therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.

Termination of Service

The term of Service will continue for as long as you have a Mailercloud account or until 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 of cancelling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.

Refunds

We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of violation of our Anti-Spam Policy or Terms of Use. We do not refund if it turns out that you’re sending (or going to send) newsletters without having permission from your subscribers.
We may, at our sole discretion, offer refunds in other situations subject to any member seeking such refund applying for the refund in accordance with the requirements we post on the website or in the mobile app, which may be changed from time to time.

Subscribers

You may not cheat by deleting subscribers and uploading new ones in order to send newsletters to more unique users than your plan allows.

Conditions

We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Use.

Intellectual property

Mailercloud claims no intellectual property rights over the material you provide to the Service. You acknowledge that Mailercloud owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

Privacy

At Mailercloud, protecting your privacy and the privacy of anyone receiving your email is very important. Please read our Privacy Policy, Security Statement and Cookie Policy to know more about how we process and protect personal data in accordance with good industry practice.

Changes

Mailercloud reserves the right to change these Terms of Use at any time. If we decide to change this document, we will post changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms of Use periodically.

Miscellaneous provision

These Terms of Use will begin upon when you become our client and will continue unless terminated hereunder.

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