Terms of Service - MailBeast

1. Acceptance of Terms

By accessing or using the MailBeast platform (“the Service”) provided by Mark-Digital, LLC (“MailBeast,” “we,” “our,” or “us”), you agree to be bound by these Terms of Service (“Terms”). These Terms incorporate our Privacy Policy, Fair Use Policy, and Data Processing Addendum by reference.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use the Service.

We reserve the right to amend or modify these Terms from time to time by providing you with at least 7 days' prior notice. If you do not agree to any proposed amendments, you must notify us within that notice period. Continued use of the Service after the notice period expires constitutes your acceptance of the amended Terms.

These Terms shall prevail over any other terms, conditions, or agreements between you and MailBeast, whether written or implied, unless expressly agreed otherwise in writing.

2. Description of Service

MailBeast is an AI-powered B2B email marketing platform that provides cold email campaign management, SMTP account integration, email warmup, AI-driven reply classification, A/B testing, analytics, and related services. Features may vary by subscription plan.

Service Modifications: We may modify, update, or discontinue features of the Service at any time. For material changes that adversely affect your use, we will provide at least 30 days' notice where practicable.

3. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring that authorized users comply with these Terms

The Service is intended for business use only. You must be at least 18 years old to create an account.

4. Acceptable Use

You agree to use the Service only for lawful B2B email marketing purposes and in compliance with all applicable laws, including anti-spam legislation (CAN-SPAM, GDPR, CASL, and similar regulations). You must not:

Send unsolicited bulk email to purchased or scraped lists without proper consent basis
Send emails containing malware, phishing attempts, or fraudulent content
Impersonate other individuals or organizations in your outreach
Use the Service to harass, threaten, or abuse recipients
Attempt to circumvent sending limits, rate controls, or safety mechanisms
Resell, redistribute, or share the Service without written authorization
Use the Service to violate any third-party rights, including intellectual property
Reverse engineer, decompile, or attempt to extract source code from the Service
Interfere with or disrupt the Service or other users' access
Use automated tools to abuse platform features or create fake accounts

Additional restrictions apply under our Fair Use Policy.

5. Email Sending Responsibilities

You are solely responsible for:

The content of emails sent through the Service
Ensuring you have a lawful basis to contact recipients
Including a valid unsubscribe mechanism in all emails
Honoring opt-out requests promptly (within 10 business days)
Including accurate sender identification and physical address
Compliance with anti-spam laws applicable to your recipients

MailBeast provides tools to facilitate compliance but does not assume liability for your sending practices. We may suspend your account if we detect violations or receive abuse complaints.

6. SMTP Account Connections

You may connect your own SMTP and IMAP email accounts to the Service. You represent that:

You own or are authorized to use these accounts
Your use complies with your email provider's terms of service
You have obtained necessary permissions for OAuth connections

MailBeast is not liable for any actions taken by your email provider (account suspension, rate limiting, etc.) in response to emails sent through the Service.

7. AI Features

The Service includes AI-powered features for email classification, content suggestions, and optimization. You acknowledge that:

AI outputs are provided as recommendations and may not always be accurate
You are responsible for reviewing and approving AI-generated content before sending
MailBeast does not guarantee specific deliverability or response rates from AI-optimized campaigns
AI features may use third-party services (such as OpenAI) for processing
Beta or preview AI features may be modified or discontinued without notice

8. Subscription and Billing

Subscription Plans

Paid plans are billed on a recurring basis (monthly or annually) as selected at signup. Prices are displayed in U.S. dollars and are subject to change with 30 days' notice.

Auto-Renewal

Your subscription will automatically renew for successive periods of the same duration unless you cancel before the end of the current billing period. You authorize us to charge your payment method for renewal fees.

Cancellation

You may cancel at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will continue to have access until that time.

Refunds

All purchases are non-refundable once you start using the Service. This includes sending emails, connecting SMTP accounts, enabling warmup, or using any core platform features. If you experience technical issues preventing use, please contact us via MailBeast Support Chat.

Late Payment

If payment fails, we may suspend your access until payment is received. Accounts more than 30 days overdue may be terminated. We may charge interest on overdue amounts at 1.5% per month (or the maximum rate permitted by law).

Taxes

Fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your subscription. We may add applicable sales tax, VAT, or other taxes to your invoice.

9. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We may perform scheduled maintenance with reasonable notice. We are not liable for:

Downtime caused by factors outside our control, including third-party service outages, network failures, or force majeure events
Email delivery failures caused by recipient email providers
Issues arising from your connected email accounts or SMTP providers

10. Intellectual Property

MailBeast IP

The Service, including its design, code, features, AI models, and documentation, is owned by MailBeast and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription.

Your Content

Your content (emails, lead lists, campaign data) remains your property. By using the Service, you grant us a limited license to process your content solely to provide the Service. We may also create aggregated, anonymized data from usage patterns, which we own and may use for any lawful purpose.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable license to use such feedback without compensation.

11. Warranties and Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

The Service will be uninterrupted, error-free, or secure
Emails will be delivered to recipients' inboxes
AI features will produce accurate results
The Service will meet your specific requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILBEAST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM.

These limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions do not allow these limitations, so they may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless MailBeast, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Service
Your email content or sending practices
Your violation of these Terms
Your violation of any applicable law or third-party rights
Claims by recipients of emails you sent through the Service

14. Termination

Termination by You

You may terminate your account at any time through account settings or by contacting support. Termination takes effect at the end of your current billing period.

Termination by MailBeast

We may suspend or terminate your account immediately if you:

Violate these Terms or our policies
Engage in abusive sending practices or spam
Fail to pay applicable fees
Become insolvent or file for bankruptcy

Effect of Termination

Upon termination:

Your right to use the Service ceases immediately
You may export your data within 30 days of termination
We may delete your data after this period
Outstanding fees become immediately due
Provisions that should survive (liability, indemnification, dispute resolution) remain in effect

15. Dispute Resolution

Informal Resolution

Before initiating formal proceedings, we encourage you to contact us via MailBeast Support Chat to attempt resolution informally. We will try to resolve disputes within 45 days.

Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in Delaware, and the arbitrator's decision shall be final and binding.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, the entire arbitration provision shall be null and void.

Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

16. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the courts located in Delaware.

17. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including U.S. Export Administration Regulations. You represent that you are not located in, or a national of, any country subject to U.S. trade sanctions.

18. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through the Service at least 30 days before taking effect. Continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you disagree with changes, you may terminate your account before they take effect.

19. General Provisions

Entire Agreement: These Terms, together with incorporated policies, constitute the entire agreement between you and MailBeast.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
Waiver: Failure to enforce a right does not constitute a waiver of that right.
Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations to an affiliate or successor entity.
Force Majeure: We are not liable for delays caused by events beyond our reasonable control, including natural disasters, war, terrorism, strikes, or internet outages.
Notices: We may provide notices via email to your account email address. You may send notices via MailBeast Support Chat.

20. Contact

For questions about these Terms, please contact us via MailBeast Support Chat.