Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“Customer”, “you”, or “your”) and MailPeaq (“we”, “our”, “us”). By accessing or using our website, platform, or services (collectively, “Services”), you agree to be bound by these Terms. If you do not agree, do not use the Services.

• Account: your registered account with MailPeaq.
• Customer Data: data you upload, submit, or otherwise provide to the Services (including email headers, campaign content, logs, DNS records).
• Services: the MailPeaq platform, tools, diagnostics, reports, and any managed services, professional services, or support.
• Documentation: user guides, help articles, and technical documentation.

You must be 18 or older and able to enter into a contract to use the Services. When registering you agree to provide accurate, current and complete information and to maintain and promptly update your account details. You are responsible for all activity occurring under your account and for maintaining the confidentiality of account credentials.

MailPeaq will provide the Services as described on our website and in any applicable order form. We may change, update, or discontinue features; we will use commercially reasonable efforts to notify you of material changes. Specific Service levels, response times, or SLAs will be stated in a separate Service Level Agreement if applicable.

You will not use the Services to engage in illegal, abusive, harmful, or prohibited activity, including but not limited to: sending unlawful or deceptive messages, attempting unauthorized access to systems, distributing malware, violating intellectual property rights, or interfering with other users’ access. You must comply with all applicable laws governing email, marketing, and data protection. We reserve the right to suspend or terminate accounts that violate the AUP.

Customer will provide accurate sending and technical details, grant access or instructions required for diagnostics/remediation (temporary API keys, DNS changes, or service accounts when needed), and cooperate with MailPeaq’s support and engineering teams. You warrant that you have the rights to provide Customer Data and that any recipients of your emails have been contacted in accordance with applicable laws.

Services are offered on subscription, pay-as-you-go, or professional service terms as set out in the applicable order form. Payments are due in accordance with the billing cycle. We use third-party payment processors to handle card and payment details. All fees are non-refundable unless otherwise stated. You must keep valid payment information on file. Overdue payments may result in suspension or termination of Services.

If a free trial or credit is offered, it is limited to one per Customer and is subject to additional terms. Trial features may be limited and/or discontinued at our discretion. We may charge for usage beyond trial limits.

All intellectual property rights in the Services, software, documentation, and MailPeaq trademarks remain with MailPeaq. Subject to your compliance with these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable license to use the Services for your internal business purposes. You retain ownership of Customer Data. You grant MailPeaq a limited license to use, copy, and process Customer Data as necessary to provide and improve the Services and as described in our Privacy Policy.

Each party will keep confidential the other party’s non-public, proprietary information disclosed in connection with the Services and will not use or disclose it except as necessary to perform obligations or as required by law. Confidential information does not include information known publicly or independently developed.

We will maintain reasonable administrative, technical and physical safeguards. Where MailPeaq processes personal data on your behalf, we will act as a processor and enter any required Data Processing Addendum (DPA). You are responsible for ensuring your use of the Services and your technical environment complies with laws and best practices.

Except as explicitly provided in a written agreement, the Services are provided “as is” and “as available.” MailPeaq does not warrant uninterrupted or error-free operation, and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law.

Except where prohibited by law, MailPeaq’s aggregate liability for any claim arising from or relating to these Terms will not exceed the total subscription fees paid by you to MailPeaq in the twelve (12) months preceding the claim. We will not be liable for indirect, special, incidental, punitive or consequential damages, lost profits, loss of data, or business interruption.

You agree to indemnify, defend and hold harmless MailPeaq 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 in connection with: your use of the Services in violation of these Terms; any Customer Data you provide that infringes a third party’s rights; or your breach of any representation, warranty or obligation hereunder.

We may suspend or terminate access to Services immediately for breaches of these Terms, illegal activity, nonpayment, or to protect systems and other users. You may terminate your subscription as provided in the order form. On termination, your access will end and we may delete Customer Data after a reasonable period, unless otherwise agreed or required by law. Export your data before termination if you need it.

Refunds are governed by the applicable order form. Unless stated otherwise, fees are non-refundable. For disputes, contact billing@mailpeaq.com.

Services may integrate with third-party platforms (ESPs, analytics, hosting, payment processors). Your use of third-party services is subject to their terms and privacy policies. We are not responsible for third-party services or their performance.

You must not use MailPeaq to facilitate sending spam, phishing, fraudulent messages, or content that violates law or third-party rights. If we detect abuse or policy violations, we may suspend testing or sending, block content, or terminate services. We may share abuse-related information with ISPs or other providers to mitigate harm.

You will comply with applicable export control and economic sanctions laws and will not use the Services in violation of these laws.

These Terms are governed by the laws of the state or country specified in your order form or, if none, [Insert governing jurisdiction; e.g., State of Delaware, USA]. For disputes, parties will attempt good-faith negotiation and may use mediation prior to litigation. If litigation is necessary, the exclusive courts of the governing jurisdiction will resolve disputes, subject to mandatory consumer protections in your jurisdiction.

We may modify these Terms from time to time. Material changes will be communicated via the email on file or posted on our site. Continued use of the Services after notice constitutes acceptance of the modified Terms.

You may not assign these Terms without our prior written consent. We may assign our rights and obligations in connection with a corporate sale, merger, or reorganization.

Notices to MailPeaq should be sent to support@mailpeaq.com. Notices to you will be sent to the email address on file or posted on the platform.

If any provision is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

These Terms, together with any order form, DPA, SLA and the Privacy Policy, constitute the entire agreement between you and MailPeaq regarding the Services and supersede prior agreements and understandings.

• For questions about these Terms: support@mailpeaq.com
• For billing: support@mailpeaq.com
• For support: support@mailpeaq.com