Terms of Service

Last updated: 12/07/2025

By using the Mailer123 email marketing platform ("the Service"), you agree to the following terms and conditions. Please read these terms carefully before using our service.

1. Acceptance of Terms

By accessing and using Mailer123, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Service Description

Mailer123 is a professional bulk email marketing platform that allows users to:

• Send personalized email campaigns to contact lists
• Track email engagement and analytics
• Manage email templates and automation workflows
• Handle unsubscribes and maintain compliance

3. Acceptable Use Policy

You agree to use the Service in compliance with all applicable laws and regulations. You will not use Mailer123 to:

• Send spam, unsolicited emails, or bulk communications without proper consent
• Distribute malware, viruses, or harmful content
• Violate any applicable laws including CAN-SPAM Act, GDPR, or other data protection regulations
• Engage in phishing, fraud, or deceptive practices
• Send content that is illegal, offensive, or infringes on intellectual property rights
• Attempt to breach or circumvent security measures
• Resell or redistribute the service without authorization

4. User Responsibilities

As a user of Mailer123, you are responsible for:

• Ensuring you have proper consent to email all recipients on your lists
• Maintaining accurate and up-to-date contact information
• Honoring unsubscribe requests promptly (within 10 business days)
• Complying with all applicable privacy laws and regulations
• Securing your account credentials and preventing unauthorized access
• Monitoring your email campaigns for compliance and deliverability
• Backing up your data and content regularly

5. Account Management

• Account Creation: You must provide accurate information when creating your account
• Security: You are responsible for maintaining the security of your account and password
• Suspension: We may suspend or terminate accounts that violate these terms
• Data Backup: You are responsible for backing up your data before account termination

6. Payment and Billing

• Subscription fees are billed in advance according to your chosen plan
• All fees are non-refundable unless otherwise specified
• We reserve the right to change pricing with 30 days' notice
• Failure to pay may result in service suspension or termination
• You are responsible for any taxes applicable to your subscription

7. Service Availability

While we strive to maintain 99.9% uptime, we cannot guarantee uninterrupted service. We are not liable for:

• Temporary service interruptions for maintenance or updates
• Issues caused by third-party services or internet connectivity
• Force majeure events beyond our control

8. Intellectual Property

• Mailer123 and its features are protected by copyright and other intellectual property laws
• You retain ownership of your content and data
• You grant us a license to use your content solely for providing the service
• You may not reverse engineer, copy, or redistribute our software

9. Disclaimer of Warranties

The Service is provided "as is" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy, completeness, or reliability of the service
• Uninterrupted or error-free operation
• Security or privacy of data transmission

10. Limitation of Liability

In no event shall Mailer123 be liable for any indirect, incidental, special, or consequential damages, including but not limited to:

• Loss of profits, data, or business opportunities
• Damages resulting from service interruptions
• Issues with email deliverability or compliance
• Third-party claims or actions

Our total liability shall not exceed the amount paid by you for the service in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Mailer123 from any claims, damages, or expenses arising from:

• Your use of the service
• Your violation of these terms
• Your violation of any laws or regulations
• Infringement of third-party rights

12. Termination

• By You: You may cancel your account at any time through your account settings
• By Us: We may terminate accounts that violate these terms or for non-payment
• Effect: Upon termination, your access to the service will cease and data may be deleted
• Survival: Certain provisions of these terms will survive termination

13. Governing Law

These terms shall be governed by and construed in accordance with the laws of India. Any disputes shall be resolved in the courts of Mumbai, India.

14. Changes to Terms

We may update these Terms of Service periodically. We will notify you of any material changes by:

• Posting the updated terms on our website
• Sending email notification to registered users
• Updating the "Last updated" date

Continued use of the service after changes constitutes your acceptance of the updated terms.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

16. Entire Agreement

These Terms of Service, along with our Privacy Policy, constitute the entire agreement between you and Mailer123 regarding the use of our service.