Terms of Service | Mailflix

1. Acceptance of Terms

By accessing or using Mailflix ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

By using Mailflix, you represent that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

Mailflix is a software-as-a-service (SaaS) platform that enables users to create, manage, and send email newsletters to subscribers. The Service includes but is not limited to:

Email campaign creation and sending via Amazon SES
Subscriber management and list building
Analytics and tracking features
Payment processing via Stripe Connect
SMS and WhatsApp messaging via Twilio (where available)
API access for developers
Automation and workflow features
A/B testing capabilities

3. Account Registration and Security

To use certain features of the Service, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security of your password and API keys
Accept all responsibility for activities that occur under your account
Immediately notify us of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Acceptable Use Policy

You agree NOT to use Mailflix to:

Send unsolicited bulk email (spam) or messages to purchased, rented, or harvested email lists
Send emails without valid consent from recipients (double opt-in is required)
Send content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Distribute malware, viruses, or any other malicious code
Engage in phishing, fraud, or deceptive practices
Infringe upon intellectual property rights of others
Violate CAN-SPAM, GDPR, CCPA, or any other applicable anti-spam or privacy laws
Send content related to illegal drugs, weapons, gambling (where prohibited), or adult content without proper consent mechanisms
Impersonate any person or entity
Interfere with or disrupt the Service or servers
Attempt to gain unauthorized access to any systems
Use the Service for cryptocurrency promotions, multi-level marketing schemes, or get-rich-quick schemes

Violation of this Acceptable Use Policy may result in immediate account termination without refund.

5. Email Sending Requirements

When using Mailflix to send emails, you must:

Only send to subscribers who have explicitly opted in to receive your emails
Honor all unsubscribe requests within 10 business days (our system handles this automatically)
Include a valid physical mailing address in all commercial emails
Not use misleading subject lines or "From" names
Clearly identify the message as an advertisement where required by law
Maintain bounce rates below 5% and complaint rates below 0.1%

We reserve the right to suspend sending privileges if your emails generate excessive bounces, complaints, or are flagged by spam filters.

6. Payment Terms

6.1 Fees

Mailflix operates on a pay-as-you-go model. You agree to pay all fees associated with your use of the Service as described on our pricing page. Fees are charged based on email volume sent.

6.2 Platform Fees for Paid Newsletters

If you accept payments from your subscribers through Mailflix (via Stripe Connect), we charge a platform fee (default 10%, configurable) on all transactions. This fee is in addition to any fees charged by Stripe.

6.3 Billing

Payments are processed via Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for any taxes applicable to your use of the Service.

6.4 Failed Payments

If a payment fails, we may suspend your account until payment is received. We reserve the right to pursue collection of any unpaid amounts.

7. Intellectual Property

7.1 Our Property

The Service, including its original content, features, and functionality, is and will remain the exclusive property of Mailflix and its licensors. The Service is protected by copyright, trademark, and other laws.

7.2 Your Content

You retain all rights to the content you create and send through Mailflix. By using the Service, you grant us a limited license to store, process, and transmit your content as necessary to provide the Service.

7.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without any obligation to compensate you.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You acknowledge that:

You are responsible for the lawful collection of subscriber data
You must have appropriate consent to store and email your subscribers
You are a "data controller" for your subscriber data under GDPR
You will comply with all applicable data protection laws
You will respond to data subject requests from your subscribers

9. Service Availability and Modifications

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may:

Modify or discontinue features with reasonable notice
Perform maintenance that may temporarily affect availability
Update these Terms with notice to users

We are not liable for any modification, suspension, or discontinuation of the Service.

10. Termination

We may terminate or suspend your account immediately, without prior notice, for any reason, including but not limited to:

Breach of these Terms
Violation of the Acceptable Use Policy
Excessive bounces or spam complaints
Fraudulent or illegal activity
Non-payment of fees

Upon termination, your right to use the Service will immediately cease. We may delete your data 30 days after termination unless legally required to retain it.

You may terminate your account at any time by contacting us. Termination does not relieve you of any payment obligations for services already rendered.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time; (b) errors will be corrected; (c) the Service is free of viruses; or (d) the results of using the Service will meet your requirements.

Email deliverability depends on many factors outside our control, including recipient email providers, spam filters, and your sending reputation. We do not guarantee that your emails will be delivered to recipients' inboxes.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAILFLIX, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of (or inability to access or use) the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content
Emails not being delivered or being marked as spam
Loss of subscribers or revenue

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless Mailflix and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Your content or the content of your emails
Any spam complaints or legal actions resulting from your emails
Your violation of any applicable laws

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14.2 Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, USA, and the decision shall be final and binding.

14.3 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and not as part of a class action, representative action, or any other type of consolidated proceeding.

15. Third-Party Services

Mailflix integrates with third-party services including but not limited to Amazon Web Services (AWS), Stripe, and Twilio. Your use of these services through Mailflix is also subject to their respective terms of service. We are not responsible for the actions or policies of third-party service providers.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Mailflix.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Information

For questions about these Terms of Service, please contact us at:

Mailflix, Inc.
Email: [email protected]