Our operational policies. By using Mailyser you agree to the following:

Introduction

Welcome to Mailyser! We provide an AI-powered email deliverability and reputation tool designed to help you improve your email marketing performance. By using Mailyser, you agree to these Terms and Conditions. Please read them carefully.

Acceptable Use Policy

Prohibited Actions

You agree not to use Mailyser for any unlawful or prohibited activities, including but not limited to:

• Sending spam or unsolicited messages in violation of applicable laws.
• Engaging in activities that are fraudulent, malicious, or intended to harass or intimidate others.
• Distributing malware, viruses, or any other harmful code.
• Sending emails that infringe on the intellectual property rights of others.
• Utilizing Mailyser for phishing, promoting illegal actions, or distributing defamatory, obscene, or abusive content.

Users must not engage in activities that could harm the platform or its users, including but not limited to distributing malicious software, engaging in phishing or fraud, or sending unsolicited commercial emails (spam).

Compliance with Laws

You are responsible for ensuring that your use of Mailyser complies with all applicable laws and regulations, including but not limited to data protection and privacy laws such as the General Data Protection Regulation (GDPR), CAN-SPAM Act, and CASL. Ensure that the content sent through our service adheres to high ethical and quality standards.

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GDPR Compliance

Mailyser is committed to complying with the General Data Protection Regulation (GDPR) and ensuring that your data is handled securely and with respect for your privacy. As a user, you are expected to adhere to GDPR requirements in the collection, processing, and storage of personal data obtained through your email campaigns.
You must:

• Obtain explicit consent from recipients before sending marketing emails.
• Ensure that you provide clear opt-out mechanisms in all your communications.
• Protect personal data according to GDPR standards, including secure storage and limiting access to authorized personnel only.
• Immediately report any data breaches to the appropriate supervisory authorities and affected individuals where required.

Rights of Data Subjects

Users and recipients have the right to:

• Access their personal data.
• Request correction or deletion of their data.
• Object to or restrict the processing of their data.

Withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.These requests can be made directly through the user's account settings or by contacting our support team.
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Security Measures

Users must implement robust security practices to protect their accounts and access to Mailyser. This includes, but is not limited to, the use of two-factor authentication where available, regular updates of passwords, and strict control over access privileges. Users should promptly notify Mailyser of any unauthorized use of their account or breach of security.

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Indemnification

By using Mailyser, you agree to indemnify, defend, and hold harmless Mailyser, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal and accounting fees) arising from your:

• Access to or use of the platform.
• Violation of these Terms and Conditions.
• Infringement, or infringement by any third party using your account, of any intellectual property or other right of any person or entity.
• Violation of any applicable law, regulation, or third-party rights, including data protection laws.

​User Responsibilities

• Ensure that all content sent through our network complies with applicable laws and these Terms and Conditions.
• Maintain the security of your account and promptly report any unauthorized use.
• Obtain all necessary permissions and consents from recipients before sending emails.
• Keep your login credentials confidential and use strong, unique passwords.

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Intellectual Property

All content provided on Mailyser, including text, graphics, logos, and software, is the property of Mailyser or its content suppliers and protected by international copyright laws.

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Limitation of Liability

Mailyser will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your access to or use of our service, including but not limited to any loss of data, revenue, or profits, business interruption, or loss of goodwill.

Total Liability: To the maximum extent permitted by applicable law, Mailyser’s total liability to you for any claims under these terms, including for any implied warranties, is limited to the amount paid by you for the service during the 12 months preceding the event that gave rise to the liability.

Exclusions: Mailyser will not be responsible for any loss or damage arising from:

1. Unauthorized access to or alteration of your transmissions or data.
2. Reliance on any information obtained from Mailyser.
3. Any third-party content or conduct.

Mailyser does not guarantee that the service will meet your specific requirements or be available on an uninterrupted, secure, or error-free basis. In no event shall Mailyser be responsible for any losses or damages beyond its reasonable control, including but not limited to force majeure events.

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Limitations on Warranties

Mailyser is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information obtained by you from Mailyser will create any warranty not expressly stated herein.

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No Guarantee of Results: Mailyser does not guarantee that using the platform will result in improved deliverability, reputation, or any other specific outcome. Users are solely responsible for any outcomes resulting from their use of the platform and should not rely exclusively on the service for business-critical activities.

No Responsibility for Legal Compliance: Mailyser provides tools to support compliance with applicable regulations (e.g., GDPR, CAN-SPAM), but it is the user's responsibility to ensure compliance with all legal obligations. Mailyser assumes no liability for users’ failure to meet their legal requirements.

Consequences of Violating Terms

Violations of these Terms and Conditions may result in immediate suspension or termination of your account, removal of content, and legal action. Mailyser reserves the right to cooperate with law enforcement authorities in investigating violations, including disclosing the identity of users involved.

Use of Test Network

The test network provided by Mailyser is strictly for conducting email deliverability and reputation tests. Misuse of the test network, such as sending non-test emails, may result in suspension or termination of your account.

Account Security

You are responsible for maintaining the security of your account. Sharing login information is prohibited. Mailyser encourages the use of strong passwords and enabling two-factor authentication where possible.

Liability Disclaimer for Scores

Mailyser endeavors to provide accurate spam and deliverability scores, but users acknowledge that these scores may not always be 100% accurate. Mailyser shall not be liable for any decisions or losses incurred based on the scores provided.

Changes to Terms and Conditions

Mailyser reserves the right to update these Terms and Conditions at any time. Continued use of the platform after such changes will constitute acceptance of the new terms.

Dispute Resolution and Governing Law

Any disputes arising from these Terms and Conditions shall be settled by arbitration in London. The governing law shall be the substantive laws of the United Kingdom, and disputes will be resolved in accordance with UK jurisdiction.

Miscellaneous

• Entire Agreement: These Terms, along with any referenced documents (like our Privacy Policy), constitute the entire agreement between the user and Mailyser.
• Severability: If any provision of these Terms is deemed invalid, the remaining provisions will remain in full force and effect.

Waiver: Failure by Mailyser to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.