1. Fundamental Concepts
Team — MailUi.co, its independent contractors and/or representatives who collaborate and interact with the User according to these Terms.
Site or Website — an informational resource on the Internet located at mailui.co that consists of a collection of information and electronic documents (files) that facilitate the functioning of the Service.
MailUi or Service — an online email marketing platform accessible at the URL of the Website, which, among other functions indicated on the Website, allows the creation, editing, and management of email campaigns and/or the ordering of such services (hereinafter referred to as “Campaigns”).
User — a Client of the Service or a representative of a person who is a Client of the Service, uses MailUi and/or has registered an account using the Website, and also complies with the mandatory requirements for the User set forth by these Terms.
Account — the personal profile of a User, created upon the User’s registration on the Website, containing a collection of information about the User necessary for the use of the Service, including name, email address, password, payment, and other information indicated on the Website as mandatory for providing during registration and use of the Service.
2. User Agreement
These Terms constitute a public offer, and their provisions apply to any User and are mandatory from the moment of visiting the Website, including in connection with the transition to the provisions of the Terms by clicking an active link in special electronic forms of the Website.
Disagreement with the Terms will result in the impossibility and/or immediate termination of using the Service.
By registering an Account, the User unconditionally accepts and agrees to these Terms, which constitute a legal agreement (hereinafter referred to as the “Agreement”) between the Team and the User and are mandatory for all and any Users with no possibility of adjusting the Terms at the User’s request.
3. Mandatory Requirements for the User: Account Creation and Access
- Be at least eighteen (18) years old and have the legal capacity and all necessary authority to enter into the Agreement;
- Undergo the registration process to create an Account as provided on the Website;
- Unconditionally accept these Terms and the Privacy Policy;
- Provide truthful, accurate, complete, and up-to-date information about the User, including necessary contacts and payments.
The following individuals or entities cannot be Users:
- Organizations that publicly declare or acknowledge that their goals, positions, or fundamental principles include statements or principles that can be clearly interpreted as justification, encouragement, or support for physical violence, as well as the dissemination of hate content;
- Individuals who have made public statements or comments that can be clearly interpreted as threats of physical violence or content containing hatred (and/or have otherwise openly expressed their position, particularly by belonging to the aforementioned organizations);
- Individuals or organizations conducting activities on the territory of the Russian Federation and/or attempting to make payments regardless of the restrictions set by MailUi;
- Individuals or organizations displaying rudeness, aggression, or disrespect towards MailUi and/or its employees (in such cases, MailUi also reserves the right to terminate cooperation without providing explanations and/or additional consultations);
- Individuals or organizations whose actions can be clearly interpreted as supporting, encouraging, inciting, or disseminating content containing hatred or threats of physical violence;
- Individuals or organizations promoting financial pyramids, Forex, get-rich-quick schemes, harmful and unlicensed software, pornography, bookmakers, online casinos, debt collectors, debt refinancing and restructuring, mortgage services, pawnshops and lending, political and religious materials, mining and trading of cryptocurrencies and other forms of money surrogates, as well as any other goods and services that the Team deems unacceptable at its discretion without explaining the reasons.
4. User's Obligations, Guarantees, and Assurances
The User is obligated to refrain from any interference with the operation of the software used to provide the Service and from violating the property rights to it and the Website, including intellectual property objects related to MailUi (patents, trademarks, service marks, trade secrets, copyrights, etc.).
Obligations when using MailUi Campaigns:
- The User understands that MailUi is the owner of MailUi Campaigns, and the User can use them to create their own email campaigns and templates by modifying them as established by MailUi.
- For the User to use MailUi Campaigns within their own plugins, the conditions set by the Service on the Website apply. In doing so, the User agrees to use MailUi Campaigns exclusively within their own plugin (application, etc.) to provide services solely to their own customers without any further alienation (reselling, etc.) of MailUi Campaigns. The User understands that they are entitled to use MailUi Campaigns for this purpose only during their collaboration with the Service, under the conditions provided for a User using the Service for their own plugins.
The User confirms and guarantees that they own all materials, content, data, and information (including personal information of the User and personal information of other individuals used by the User) that the User provides to MailUi while using the Service or the User has permission and the right to use the aforementioned materials, content, data, and information.
The User confirms and assures that they have reviewed the Privacy Policy containing the rules for the collection, use, and disclosure of content and personal information of the User during the use of the Service and consider it understandable and acceptable. The User gives consent for the transfer of their personal data to the Team and also consents to the collection and other processing of their personal data necessary for using the Service by the Team. In connection with the processing of personal data for using the Service, the User does not consider their rights and interests violated, including under GDPR requirements.
The User agrees not to create or distribute spam, the definition of which is published on the Spamhaus website.
Recognizing that MailUi prohibits Accounts primarily aimed at inciting harm to others and disseminating content containing the promotion of discrimination, hatred, or persecution, the User is obliged not to create campaigns or other means of content distribution that (at the discretion of the Team) fall under at least one of the following criteria:
- Physical violence threat: This refers to any statement, image, photo, advertisement, or other content that can be interpreted as a threat of violence, as well as justification or incitement to physical violence.
- Content containing hatred: This refers to any statement, image, photo, advertisement, or other content that can be interpreted as promoting violence, persecution, intimidation, discrimination, and other criminal actions against others based on race, ethnicity, sexual orientation, gender identity, gender, religion, age, disability, illness, or immigration status.
The User with a paid Account is obliged to pay for using the Service as established on the Website and in Section 3 of these Terms. To make payment, the User is also obliged to provide MailUi with current information regarding the User's credit card and to authorize the deduction of monthly payments from this credit card. Upon the expiration of the credit card's validity period, the User is obliged to replace the information with the details of a new valid card. In doing so, the User confirms and guarantees that they have the right to use the credit card specified by the User and that any payments can be deducted from this credit card and will not be declined.
The User is obliged to comply with other obligations, guarantees, and assurances as provided for on the Website or otherwise established by the Team and communicated to the User.
If the User violates these Terms and/or the law, as well as creates and distributes spam or content (including content containing hatred), the User is fully responsible for their actions and assumes all potential risks and consequences (including criminal and other responsibility).
5. Terms of Payment for Using the Service
MailUi provides a free trial period for using the Service as provided for on the Website. For paid Services, the Team offers the following packages:
The Team has the right to modify and/or introduce additional packages at any time, adjusting the terms and prices without prior notice to the User. In this case, the User agrees that changes take effect from the moment they are published on the Website.
In case of non-payment or declined payments, the Team reserves the right to suspend or terminate the User's Account and access to the Service until payment is received.
Refunds for payments made are only provided in cases of erroneous charges as determined by the Team. The User must contact customer support to request a refund, providing necessary details and reasons for the request.
6. Termination of Service
The User can terminate their Account and use of the Service at any time by following the instructions on the Website.
The Team reserves the right to terminate the User's Account and access to the Service at any time and without prior notice for violations of these Terms or the law.
Upon termination, the User will no longer have access to their Account or any data associated with it. The Team is not responsible for any loss of data resulting from termination.
7. Miscellaneous
These Terms are governed by the laws of Bangladesh without regard to its conflict of law principles.
These Terms constitute the entire agreement between the User and the Team regarding the use of the Service, superseding any prior agreements.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
The failure of the Team to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
The User may not assign any rights or obligations under these Terms without the prior written consent of the Team. The Team may assign its rights and obligations under these Terms without restriction.
By using the Service, the User agrees to these Terms and the Privacy Policy, which is incorporated by reference.
8. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
[email protected]