Terms of Service

5.1 Subscription Fees

Access to the Services requires a paid subscription, except as provided in Section 6 (Free Tier). Subscription fees are determined by your selected plan and are published on our pricing page.

5.2 Billing

Subscription fees are billed in advance on a monthly basis.

5.3 Payment Methods

All payments are processed through Stripe. You must provide a valid credit card or other payment method accepted by Stripe. You authorize MailLand to charge your payment method for all fees incurred under your account.

5.4 Overages

If your usage exceeds the limits included in your plan, overage charges will apply at the rates published on our pricing page. Overages are billed in arrears at the end of each billing cycle.

5.5 Price Changes

MailLand may modify subscription fees with at least 30 days' prior written notice. Price changes will take effect at the start of your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before it takes effect.

5.6 Late Payment

If payment is not received within 15 days of the due date, MailLand may suspend your access to the Services immediately and without further notice. Suspended accounts will be reactivated upon receipt of full payment, including any applicable late fees. Overdue amounts bear interest at the rate provided by the Late Payment of Commercial Debts (Interest) Act 1998, and you must reimburse our reasonable costs of collection. Suspension does not relieve you of your obligation to pay fees.

5.7 Refund Policy

All fees are non-refundable except as follows: new customers are eligible for a 30-day money-back guarantee on their first subscription. To request a refund under this guarantee, contact [email protected] within 30 days of your initial subscription purchase.

5.8 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and levies imposed by taxing authorities in connection with your use of the Services, excluding taxes based on MailLand's net income.

7.1 MailLand Property

MailLand and its licensors retain all rights, title, and interest in and to the Services, including but not limited to the platform, APIs, SMTP infrastructure, documentation, software, user interface designs, algorithms, and all associated trademarks, service marks, and trade names. Nothing in these Terms grants you any right to use MailLand's trademarks without our prior written consent.

7.2 Customer Property

You retain all rights, title, and interest in and to your content, including email templates, subscriber lists, brand assets, and any other materials you provide or create through the Services ("Customer Content").

7.3 Limited License

You grant MailLand a limited, non-exclusive, worldwide, royalty-free license to use, process, transmit, store, and display Customer Content solely as necessary to provide and improve the Services. This license terminates upon deletion of the applicable Customer Content or termination of your account.

7.4 No Transfer

Neither party acquires any intellectual property rights of the other party by virtue of these Terms, except for the limited license rights expressly granted herein.

9.1 Rate Limits

API requests are subject to rate limits that vary by plan. Current rate limits are published in our API documentation. You must not attempt to circumvent, exceed, or bypass rate limits through any means, including the use of multiple API keys or accounts.

9.2 API Key Security

You are solely responsible for maintaining the confidentiality and security of your API keys. API keys should be stored securely and never exposed in client-side code, public repositories, or unsecured environments. You must immediately rotate any API key that you believe has been compromised.

9.3 API Changes

MailLand may update, modify, or extend the API with reasonable advance notice. For breaking changes that are not backward-compatible, MailLand will provide a minimum of 90 days' deprecation notice via the API documentation and email notification, during which both the old and new versions will remain available.

9.4 Restrictions

You must not use the API to:

• Reverse-engineer, decompile, or attempt to extract the source code of the Services.
• Interfere with or disrupt the integrity or performance of the Services.
• Access the Services for competitive benchmarking or to build a competing product.
• Resell or redistribute API access without MailLand's prior written consent.

12.1 Cap on Liability

SUBJECT TO SECTION 12.4, MAILLAND'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, MISREPRESENTATION OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MAILLAND FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. THIS IS A SINGLE AGGREGATE CAP FOR ALL CLAIMS, NOT A CAP PER CLAIM OR PER EVENT. SERVICE CREDITS PAID UNDER THE SLA COUNT TOWARDS THIS CAP.

12.2 Exclusion of Damages

IN NO EVENT SHALL MAILLAND, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES;
• PUNITIVE OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;
• LOSS OF DATA OR DATA CORRUPTION;
• BUSINESS INTERRUPTION OR LOSS OF GOODWILL;
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES;
• LOSS OF ANTICIPATED SAVINGS;

EVEN IF MAILLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Basis of the Bargain

The limitations of liability set forth in this Section reflect the allocation of risk between the parties and form an essential basis of the bargain between you and MailLand. The Services would not be provided without these limitations.

12.4 Liabilities That Are Not Limited

Nothing in these Terms limits or excludes the liability of either party for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded under the laws of England and Wales. Sections 12.1 to 12.3 are subject to this Section 12.4.

12.5 Reasonableness and Customer Responsibilities

You acknowledge that the limitations and exclusions in this Section 12 are reasonable for the purposes of the Unfair Contract Terms Act 1977, having regard to the fees charged, your ability to obtain insurance, and the fact that you are a business that has had the opportunity to take independent legal advice. MailLand is not liable for any loss caused by your Customer Content, your recipient lists or lack of recipient consent, your failure to back up Customer Data, your failure to keep your credentials secure, or the acts or omissions of recipients, mailbox providers and other third parties.

13.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless MailLand, its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Customer Content, including any claims that your content infringes or misappropriates any third-party intellectual property or other rights;
• Your use of the Services in violation of these Terms, the AUP, or any applicable law or regulation;
• Your violation of any third-party rights.
• Your sending of email without a valid lawful basis or consent, your recipient lists, and any breach of data protection, electronic-marketing or anti-spam law (including the GDPR, the UK GDPR, PECR, CAN-SPAM and CASL) in connection with email sent by you or on your behalf;
• Any complaint, claim, investigation, blocklisting or regulatory action arising from email you send or instruct us to send, or from your breach of the AUP, including the reasonable costs of remedying the resulting damage to our sending infrastructure and reputation.

13.2 MailLand Indemnification

MailLand will indemnify, defend, and hold harmless you and your affiliates, officers, directors, employees, and agents from and against any third-party claims alleging that the Services, as provided by MailLand and used in accordance with these Terms, infringe or misappropriate any third-party intellectual property rights. This obligation does not apply to the extent that a claim arises from: (a) your Customer Content; (b) modifications to the Services not made by MailLand; (c) use of the Services in combination with products or services not provided by MailLand; or (d) use of the Services in violation of these Terms.

This Section 13.2 states MailLand's entire liability and your sole and exclusive remedy for any such claim, and is subject to Section 12. If such a claim is made or appears likely, MailLand may at its option procure the right for you to continue using the Services, modify or replace them so that they are non-infringing, or terminate the affected Services and refund prepaid fees for the period after termination.

13.3 Indemnification Procedures

The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) give the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. Failure to provide timely notice does not relieve the indemnifying party of its obligations except to the extent it is materially prejudiced by such failure.

14.1 Term

These Terms are effective from the date you create your MailLand account and remain in effect until terminated by either party as described below.

14.2 Termination by Either Party

Either party may terminate these Terms for any reason by providing at least 30 days' prior written notice to the other party. For customers, this means canceling your subscription through the platform or by emailing [email protected].

14.3 Termination by MailLand

MailLand may terminate or suspend your account immediately, without prior notice, for any of the following reasons:

• Violation of the Acceptable Use Policy;
• Non-payment of fees after the grace period described in Section 5.6;
• Illegal activity or use of the Services for unlawful purposes;
• Activity that poses a security risk to the Services or other customers;
• Upon request by law enforcement or a government agency.
• Complaint, bounce or spam-trap rates, blocklistings or other deliverability signals that, in our reasonable opinion, put the reputation of our IP addresses, domains or infrastructure at risk;
• Any other material breach of these Terms.

Instead of terminating, MailLand may suspend all or part of the Services immediately, and without liability to you, in any of the circumstances above and wherever we reasonably consider it necessary to protect the deliverability, reputation or security of our sending infrastructure, IP addresses, domains or other customers. We will restore access at our discretion once the cause has been resolved. Suspension does not relieve you of your obligation to pay fees, and no service credits accrue during a suspension.

14.4 Effects of Termination

Upon termination of your account:

1. You have a 30-day period to export your Customer Data using the platform's export tools or the API.
2. After the 30-day export period, MailLand will delete all Customer Data in accordance with the DPA.
3. Any outstanding fees for usage prior to termination remain due and payable.
4. MailLand will not be liable to you or any third party for termination of your access to the Services.

14.5 Survival

The following provisions survive termination of these Terms: Section 7 (Intellectual Property), Section 11 (Warranties and Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 15 (Governing Law), and any payment obligations accrued prior to termination.

15.1 Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter or their formation shall be governed by and construed in accordance with the laws of England and Wales.

15.2 Informal Resolution

Before commencing proceedings, the party raising a dispute shall give the other party written notice of it, and the parties shall attempt in good faith to resolve it by negotiation for 30 days from that notice. This does not prevent either party from seeking urgent injunctive or other interim relief at any time.

15.3 Exclusive Jurisdiction

Subject to Section 15.4, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms, and each party irrevocably submits to that jurisdiction.

15.4 Enforcement and Injunctive Relief

Nothing in this Section 15 prevents MailLand from seeking injunctive or other equitable relief, or from enforcing these Terms or recovering any sum due under them, in any court of competent jurisdiction, including to protect its intellectual property or the security and integrity of the Services.

17.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17.2 Entire Agreement

These Terms, together with the Acceptable Use Policy, Privacy Policy, Data Processing Agreement, and Service Level Agreement, constitute the entire agreement between you and MailLand with respect to the Services and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.

Each party acknowledges that in entering into these Terms it has not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not expressly set out in these Terms. Nothing in this Section limits or excludes liability for fraud.

17.3 Waiver

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future. Any waiver must be in writing and signed by the waiving party.

17.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of MailLand. MailLand may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms. Any attempted assignment in violation of this Section is void.

In addition, MailLand may subcontract any of its obligations, and may assign these Terms to any of its affiliates, on notice to you. You may not subcontract or delegate your obligations, or grant any security over your rights, under these Terms without MailLand's prior written consent.

17.5 Notices

Notices to you will be sent to the email address associated with your account and are deemed received when sent. Notices to MailLand must be sent to [email protected] and are deemed received when confirmed by MailLand.

17.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to natural disasters, acts of war or terrorism, government actions, pandemics or epidemics, labor disputes, internet or telecommunications failures, or third-party service outages. The affected party must provide prompt notice and use reasonable efforts to mitigate the impact.

17.7 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind or obligate the other.

17.8 Third-Party Rights

Except for MailLand's affiliates, officers, directors, employees, agents and licensors as provided in Sections 12 and 13, no person other than the parties has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms. The parties may vary or terminate these Terms without the consent of any third party.

17.9 Language

These Terms are made available in several languages for convenience. The English version is the binding version, and if there is any inconsistency between it and a translation, the English version prevails.