Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between Mailmanny (“Mailmanny”, “we”, “us”) and the person or organization that creates or uses a Mailmanny account (“you”). They cover the website at mailmanny.com, the web app, our APIs, SDKs and command-line tools, and any related services (together, the “Service”).

By creating an account, clicking to accept, or using the Service, you agree to these Terms, to our Acceptable Use Policy and to our Privacy Policy. If you use the Service for an organization, you confirm that you are allowed to accept these Terms on its behalf, and “you” means that organization.

You must be at least 18 years old, and the Service is meant for business and organizational use: newsletters, shops, clubs, creators, nonprofits and the like. You may not use the Service if you are barred from doing so under applicable law, or if we have previously suspended you for violating these Terms.

Give us accurate information when you sign up and keep it current, including your name, your business details and the postal address that appears in your emails. During onboarding we ask how you collected your list and how much you expect to send. Answer honestly: we use those answers to set up your account safely.

Your work lives in a workspace. Each workspace has an owner, who can invite teammates as admins or members. Owners and admins manage billing, the team, sending domains and API keys. A paid plan belongs to the workspace, not to the person who bought it.

• Keep your password, sign-in methods and API keys secret. Each person should sign in with their own login.
• You are responsible for everything that happens in your workspace, including what teammates and API keys do.
• Tell us right away at privacy@mailmanny.com if you think someone has accessed your account without permission. Revoke exposed API keys in Settings → API keys; they stop working immediately.
• Don’t create accounts by automated means, and don’t open new accounts to get around a pause, a suspension or a plan limit.

Mailmanny helps you collect subscribers, design emails, organize your audience with tags and segments, send and schedule campaigns, run automations, send transactional email through our API, and read reports. We send email on your behalf through our email delivery providers, from sending domains you verify.

We improve the Service all the time, so features may change. If we remove a feature you depend on in a way that materially reduces the Service, we will tell you in advance where we reasonably can. Features labeled “beta”, “preview” or “coming soon” may be incomplete and are provided as they are.

Our Acceptable Use Policy is part of these Terms. It lists the content, list practices and technical behavior that aren’t allowed, and explains how we enforce it. If these Terms and the Acceptable Use Policy conflict on a question of acceptable use, the Acceptable Use Policy wins.

What stays yours

You keep all rights to the content you put into Mailmanny: your emails, templates, images, forms, and your audience data, meaning the contacts, fields, tags, consent records and engagement history of the people on your lists (“Subscribers”). We claim no ownership of any of it.

What you allow us to do

You give us a worldwide, non-exclusive, royalty-free permission to host, copy, process, transmit and display your content and audience data only as needed to provide, secure and support the Service, to follow your instructions, and to comply with law. That includes scanning content and lists for abuse as described in Section 7. This permission ends when your content is deleted from our systems.

How we treat your audience data

• We process Subscriber data on your behalf and under your instructions. For that data, we are your processor (or service provider) and you are the controller.
• We never sell your audience data, never email your Subscribers for our own marketing, and never share your lists with other customers.
• A Data Processing Addendum (DPA) is available on request at privacy@mailmanny.com. Once signed, it forms part of these Terms.
• We keep account-level suppression records (for example, that an address unsubscribed or bounced) so that addresses which opted out are never mailed again by mistake, even after you delete a contact.

Your responsibilities

You confirm that you have every right, consent and notice needed to upload your content and audience data and to send the emails you send, and that doing so doesn’t infringe anyone’s rights or break any law. You are responsible for the accuracy of your content and for any claims you make in your emails.

Our templates and the Service itself

We own the Service, including its software, the design of the app and website, the Mailmanny name and logos, and the templates, images and other materials we provide. You may use, edit and send our email templates and their images, including HTML you download from our website, to create your own emails, whether or not you send them through Mailmanny. You may not resell or redistribute them as templates, or use our name or logos in a way that suggests we endorse you. These Terms give you no other rights in our materials.

Feedback and aggregate data

If you send us ideas or feedback, we may use them without owing you anything. We may also use aggregated, de-identified data about how the Service performs (for example, overall bounce rates) to run and improve it, as long as it doesn’t identify you or any Subscriber.

These rules apply to every email you send through Mailmanny, whether from a campaign, an automation or the API. They follow anti-spam laws such as the U.S. CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL) and the EU and UK GDPR and ePrivacy rules, and the requirements of major mailbox providers. Where the law where you or your Subscribers live is stricter, follow the stricter rule.

1. Opt-in only

Send marketing email only to people who gave you clear permission to email them about the subject you’re writing about. Keep proof of that permission. Mailmanny records the source, time and IP address of each signup through our forms and API so you have it on file.

2. Double opt-in by default

New audiences use double opt-in: people confirm their address by clicking a link before they become subscribed. You may turn it off for an audience only if you collect consent in another way you can prove, and you remain responsible for that proof.

3. No purchased, rented, shared or scraped lists

Never upload or email addresses you bought, rented, traded, borrowed, received from a partner, harvested from websites or social profiles, guessed, or collected in any way the person didn’t knowingly sign up for. This applies even if a seller says the list is “opt-in”. Consent given to someone else is not consent given to you.

4. Honor every unsubscribe

Every marketing email must contain a working unsubscribe link. U.S. law allows up to 10 business days to honor an opt-out and Canadian law the same; don’t wait for the deadline. Never re-add someone who unsubscribed unless they freely sign up again.

5. Tell the truth in every header

• Your “From” name and address, “Reply-To” and routing information must accurately identify you.
• Subject lines must reflect the content of the message. No fake “Re:” or “Fwd:”, no bait.
• Send only from a domain you own and have verified in Mailmanny. Free mailbox domains (such as personal webmail addresses) can’t be used as the sender.
• Where the law requires it, make clear that a message is an advertisement.

6. Include your postal address

Every marketing email must include a valid physical postal address for your business: a street address, a registered post office box or a private mailbox. Mailmanny places the address from your workspace settings in every footer and won’t send marketing email until one is on file.

7. Consent rules outside the U.S.

If you email people in Canada, you need their express or implied consent as CASL defines it, must identify yourself, and must include a working unsubscribe mechanism. If you email people in the EU, EEA or UK, you need a lawful basis (for marketing email, usually consent), must give the notices those laws require, and must honor their data rights. You are responsible for knowing which laws apply to your audience.

Every Mailmanny customer sends through a shared infrastructure and, ultimately, a shared sending reputation. One careless sender can hurt delivery for everyone. So we actively look after it, and you agree that we may:

• review new accounts at signup, including the answers you give about your list, and hold or decline accounts that look risky;
• scan email content, links and imported lists automatically before they’re used, and block or hold anything that breaks these Terms or the Acceptable Use Policy;
• refuse, skip or archive addresses that shouldn’t be emailed, such as disposable or temporary addresses and addresses at domains that can’t receive email. Archived contacts stay on file but aren’t emailed or counted toward your plan;
• hold campaigns, automation emails and API emails for an automated review, made with AI models and our own rules, which may approve them, approve them with limits (such as a smaller first batch or a slower pace), ask for changes or decline them. New accounts have every campaign reviewed before it sends;
• send a campaign to a small first slice of recipients (a “canary send”) and release the rest only if bounces and complaints stay low;
• stop a send that is already in progress, pause your sending, or lower your sending limits when your metrics or reports show a problem;
• suspend or close an account for serious or repeated violations, or to protect Subscribers, the Service or other customers.

Automatic pause thresholds

We pause sending for a workspace automatically when any of the following happens:

These limits sit deliberately below the levels at which our email provider reviews an entire sending account. We may adjust them to protect deliverability; the current values are always in the Acceptable Use Policy.

When we pause or block something, we tell you why in the app and by email, and what you can do about it. Queued email waits while you’re paused and isn’t lost. Where a violation is serious (for example phishing, malware or a purchased list), we may act immediately and without notice. If you think we got it wrong, reply to our message or write to report@mailmanny.com and a person will look at it.

Your plan sets how many subscribed contacts you can have, how many emails and API emails you can send each month, and how many seats, audiences and sending domains you get. The current limits are on our pricing page and in Settings → Billing. Only subscribed contacts count: unsubscribed, bounced, unconfirmed and archived contacts don’t.

Free

Free’s limits are firm. Imports, the API and manual adds can’t take a Free workspace past 500 subscribed contacts, and campaigns don’t go out while it has more than 500 or when they would pass 1,000 emails in a calendar month (UTC). API emails count toward the same 1,000, up to 100 a day. Signup forms keep collecting, so nobody who wants to subscribe is turned away.

Paid plans

A paid plan’s contact tier is a soft limit. We email you when your subscribed contacts reach 90% of your tier and again when they pass it; nothing is charged and nothing stops. If the workspace stays more than 10% over its tier for 30 days, campaigns pause until you move to a bigger tier or archive contacts. Signup forms, automations and the API keep running. We may hold a campaign that would go past your monthly email allowance until the allowance resets or you upgrade, and API requests beyond your API allowance may be refused with a quota error unless you have turned on pay-as-you-go (Section 10).

Sending caps and queued delivery

On top of your plan, every workspace has daily and hourly sending caps that grow as you build a good sending record. New workspaces start with modest caps, and new sending domains are warmed up gradually over about two weeks so mailbox providers learn to trust them.

If a send would exceed your caps, or our platform is temporarily at capacity, we don’t drop your email: we queue it and deliver it as soon as capacity frees up. Campaign reports show queued messages as they go out. Scheduled sends start at the time you choose, and large sends take time to complete.

We do not guarantee that any email will be delivered, delivered by a particular time, or placed in the inbox rather than a spam folder. Mailbox providers make those decisions.

Use of our APIs, SDKs and command-line tools is part of the Service and also subject to these terms:

• API keys are secret. Use them from your servers only, never in browsers or mobile apps, and don’t share them outside your organization.
• Respect rate limits, API allowances and sending caps. Don’t try to get around them, for example by spreading traffic across several accounts.
• Transactional email sent through the API must be genuinely transactional or relationship email, or must follow the marketing rules in Section 6. The API is not a back door for bulk mail.
• API email is scanned for abuse the same way campaigns are, and we may refuse a request that breaks these Terms.
• Don’t use the API to build a competing email service, to resell sending to third parties without our written agreement, or to probe, scan or overload our systems.
• We may change or retire API endpoints. For breaking changes to a stable endpoint we will give reasonable advance notice.

Our SDKs and sample code come with their own open-source license where one is stated; that license governs the code itself.

Free

The Free plan costs nothing, within the limits in Section 8 and on our pricing page. Emails sent on Free carry a “Sent with Mailmanny” badge. We may change Free’s limits or features with at least 30 days’ notice.

Paid plans

Paid plans are priced by the contact tier you choose and billed monthly or yearly, in U.S. dollars. Before you subscribe, checkout shows the plan, tier, price and billing period, and we charge you only after you confirm. If we agree a custom plan or invoice you directly, the terms of that order apply alongside these Terms.

Automatic renewal

Paid plans renew automatically at the end of each billing period, monthly or yearly, for another period of the same length, at the price then in effect, until you cancel. By subscribing, you authorize us and our payment processor, Stripe, to charge your payment method at the start of each period. We email a reminder before a yearly plan renews.

Changing plans

You can change your plan, contact tier or billing period in Settings → Billing at any time. An upgrade, including a move from monthly to yearly billing, is charged right away for the rest of the current period (prorated) and takes effect once that payment goes through. A downgrade takes effect right away, and the unused part of what you paid is credited to your next invoices. Credits aren’t paid out in cash. Downgrading never deletes your data: features the new plan doesn’t include pause or lock until you move up again.

Canceling

You can cancel anytime in Settings → Billing. Your plan stays active until the end of the period you have paid for, and then the workspace moves to Free. You won’t be charged again, and you can undo the cancellation before the period ends.

Refunds

Except where the law requires otherwise, payments are non-refundable, including for partial periods, unused contacts or emails, and downgrades (which earn the credit described above). We may give a refund at our discretion, for example when we charged you by mistake. A refund doesn’t cancel your plan unless we tell you it does. If we close your account for a reason other than your breach of these Terms, we refund any prepaid fees for the time remaining.

No automatic overage charges

We never charge you more than your plan’s price because your list or your sending grew. If you go over a limit, we tell you and you decide whether to move up; Section 8 explains what happens in the meantime. The only usage charge is optional: where we offer pay-as-you-go API email above your plan’s API allowance, it applies only if you turn it on, at the rate shown when you do, and never above the monthly spending cap you set.

Taxes

Prices don’t include taxes. Where we are required to collect sales tax, VAT, GST or a similar tax, we add it to your invoice. You are responsible for any other taxes on your purchase, except taxes on our income.

Failed payments

If a payment fails, we retry it over about two weeks and tell you by email and in the app. Your plan stays active while we retry. If the payment still doesn’t go through, the workspace moves to Free, with nothing deleted, and you can return to your plan by paying the open invoice or subscribing again.

Discounts

Promotional codes, nonprofit discounts and other offers follow the conditions stated when they are offered. The nonprofit discount requires proof of nonprofit status, such as a 501(c)(3) letter or your country’s equivalent. We may end a discount if you no longer qualify for it or it was obtained improperly.

Price changes

We may change our prices. We will email you at least 30 days before a price increase applies to your subscription. The new price starts at your first renewal after that notice, and you can change plans or cancel before then.

Billing questions and card disputes

If you think we charged you incorrectly, email support@mailmanny.com before disputing the charge with your bank; we fix billing mistakes quickly. Stolen cards are a common way for spammers to buy a plan, so if a payment is disputed as fraudulent with the card issuer, we may cancel the subscription right away and pause sending while we review the account.

The Service relies on trusted providers, such as Amazon Web Services for sending and storage and Stripe for payments. Card details go straight to Stripe: we never see or store your full card number. Our Privacy Policy lists our providers. If you sign in with Google or connect another service, that service’s own terms also apply to your use of it, and we aren’t responsible for services we don’t control.

You can stop using Mailmanny at any time. To close your account, cancel any paid plan in Settings → Billing, then email support@mailmanny.com from the address on the account. Before you do, export anything you want to keep: contacts and activity can be exported as CSV files.

We may suspend or end your access if you materially breach these Terms or the Acceptable Use Policy, if required by law, or if your use creates a risk to the Service, to Subscribers or to other customers. Where we reasonably can, we will tell you first and give you a chance to fix the problem. Fees already paid aren’t refunded when an account is suspended or closed, except as Section 10 says.

When an account is closed, we delete your content and audience data within 30 days, except where we must keep something by law, to resolve disputes, or to enforce these Terms, and except for suppression records (described in Section 5). Encrypted backups roll off within a further 35 days. These parts survive the end of this agreement: the feedback and aggregate data terms in Section 5, any fees you owe under Section 10, and Sections 13 to 16 and 18.

We work hard to keep Mailmanny reliable, secure and accurate. But to the fullest extent the law allows, 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, title and non-infringement. We don’t warrant that the Service will be uninterrupted or error-free, that any email will be delivered or reach the inbox, or that reports (for example open rates, which mail privacy features can inflate) are exact.

To the fullest extent the law allows:

• neither you nor Mailmanny will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising out of or relating to these Terms or the Service, even if told they were possible; and
• each party’s total liability arising out of or relating to these Terms or the Service is limited to the greater of the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, and US$100.

These limits don’t apply to your obligations under Section 15 (Indemnity), to fees you owe, to your breach of the sending rules or the Acceptable Use Policy, or to liability that cannot be limited by law, such as liability for fraud or for death or personal injury caused by negligence.

You will defend and indemnify Mailmanny and its team against any third-party claim, and the resulting losses, damages, fines and reasonable costs (including legal fees), arising from your content, your audience data, the emails you send, or your breach of these Terms, the Acceptable Use Policy or the law. We will tell you promptly about any such claim, let you control the defense, and cooperate reasonably at your expense. You may not settle a claim in a way that admits fault on our behalf without our consent.

Governing law

These Terms, and any dispute between you and Mailmanny, are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in this section.

Talk to us first

Before starting an arbitration or a small claims case, the party with the claim must send the other a written notice that describes it and the relief wanted, and we both must try in good faith to resolve it informally for at least 30 days. Send your notice to privacy@mailmanny.com; we will send ours to the email address on your account. Any deadline for bringing the claim is paused during those 30 days. Most problems can be fixed with a conversation.

Binding individual arbitration

Except for the two exceptions below, any dispute, claim or controversy between you and Mailmanny arising out of or relating to these Terms, the Service or our relationship (a “Dispute”) will be resolved only by final and binding arbitration. That covers Disputes based on contract, tort, statute or any other legal theory, Disputes that arose before you accepted these Terms, and Disputes about whether this arbitration agreement applies or can be enforced, which the arbitrator decides. Only a court may decide whether the class action waiver below can be enforced.

• The American Arbitration Association (“AAA”) administers the arbitration under its Commercial Arbitration Rules. If you are an individual using the Service mainly for personal, family or household purposes, its Consumer Arbitration Rules apply instead. The rules are published at adr.org.
• One arbitrator decides the Dispute. The seat and venue of the arbitration is Williamson County, Texas. Where the rules allow, the arbitrator may decide on written submissions alone or hold hearings by video or phone.
• Filing, administration and arbitrator fees are paid as the applicable AAA rules provide.
• The arbitrator may award the same damages and relief a court could, but only to the individual party seeking relief and only as far as needed for that party’s own claim. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.
• If 25 or more similar demands are filed against either of us by the same or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules apply. Coordinated administration under those rules is not a class proceeding.

Exceptions

• Either of us may bring an individual claim in small claims court (in Texas, justice court) in Williamson County, Texas, as long as it qualifies and stays there.
• Either of us may ask a court for an injunction or other equitable relief to stop actual or threatened infringement or misuse of intellectual property, unauthorized access to the Service, or use of the Service to send spam, phishing or malware.

Class action waiver

You and Mailmanny may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any class, collective or representative proceeding. If a court decides that this waiver can’t be enforced for a particular claim or remedy, only that claim or remedy is severed and decided by a court under “Courts” below, after the individual arbitration of everything else has finished.

Jury trial waiver

To the fullest extent the law allows, you and Mailmanny each waive any right to a trial by jury in any Dispute. If a Dispute is decided in court rather than in arbitration, a judge decides it.

Courts

Any Dispute that isn’t arbitrated, and any action to compel arbitration or to confirm, enforce or set aside an award, will be brought only in the state courts located in Williamson County, Texas, or in the United States District Court for the Western District of Texas, Austin Division. You and Mailmanny consent to the personal jurisdiction of those courts and to venue there.

Other terms of this section

This section survives the end of these Terms. If we change it, the change won’t apply to a Dispute that either of us had already given notice of. If any part of this section other than the class action waiver is found unenforceable, the rest still applies. If you are a consumer, nothing in these Terms takes away rights you have under the mandatory laws of the country where you live.

We may update these Terms as the Service and the law change. For material changes we will give at least 30 days’ notice by email or in the app before they take effect, unless a change is required sooner by law or to address abuse. The “Last updated” date at the top always shows the current version. If you keep using the Service after a change takes effect, the updated Terms apply; if you don’t agree, you can close your account before then. Price changes follow Section 10, and changes to the arbitration agreement follow Section 16.

• Entire agreement. These Terms, the Acceptable Use Policy, the Privacy Policy and any DPA or order you sign are the whole agreement between us about the Service.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
• Severability and waiver. If a provision is found unenforceable, the rest stays in effect. Not enforcing a provision isn’t a waiver of it.
• Force majeure. Neither of us is liable for delays caused by events beyond reasonable control, such as outages of internet or cloud providers, natural disasters or government action.
• Notices. We send notices to the email address on your account. You can send notices to us at the address in Section 19.
• Relationship. We are independent contractors. Nothing here creates a partnership, employment or agency relationship.

Questions about these Terms, legal notices and data protection requests: privacy@mailmanny.com.

Billing and account questions, including closing an account: support@mailmanny.com.

To report spam or abuse sent through Mailmanny, use the report abuse form (every Mailmanny email links to it) or write to report@mailmanny.com.