Terms of service — Mailjet Email API

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• Provider brands Report an error

  “Sinch Email comprises of the umbrella brands Mailgun, Mailjet, and Email on Acid.”

• Professional use only Report an error

  “The Services are exclusively reserved for a professional use and are not available to minors under the age of 18.”

• Designated contacts only Report an error

  “Sinch Email will provide support only to those individuals designated in the Control Panel and is not required to provide any support directly to your end users.”

• SLA uptime Report an error

  “Sinch Email guarantees that the services (meaning any or all of the API, SMTP and Outbound Delivery services listed on our status page but excluding Mailgun Optimize offerings) will be available 99.99% of the time in any given calendar month, excluding maintenance.”

• SLA credit terms Report an error

  “You are entitled to a credit of 5% of your given monthly fee for the Services for each 30 minutes of unavailability (after the first .01%) in a given monthly period.”

• SLA credit cap Report an error

  “the maximum total credit for any calendar month, including all guaranties, shall not exceed 50% of the fees for that calendar month”

• SLA claim window days Report an error

  “you must make the request by creating a support ticket in the Control Panel within thirty (30) days following the end of the downtime”

• Delivery guarantee Report an error

  “Sinch Email will use commercially reasonable efforts to deliver your email messages, but cannot guarantee delivery.”

• Virus scanning Report an error

  “While our Service does provide some email filtering services designed to filter spam it does not provide virus scanning”

• Optimsuze deliverability tools Report an error

  “Sinch Email will provide the Mailgun Optimize deliverability tools and services as set forth in the Service Order”

• Aup reference Report an error

  “You agree that your use of any Customer Configuration provided by Sinch Email will comply with the Acceptable Use Policy (the “AUP”) at https://www.mailgun.com/legal/aup/.”

• Message size limit Report an error

  “Requirements include, but are not limited to, an individual email message not exceeding the per-message size limit (including attachments) of 25MB or it may be permanently lost.”

• Backup responsibility Report an error

  “Sinch Email shall only back up data to the extent stated on a Service Order. It is your responsibility to ensure the integrity and security of Customer Data and to regularly backup and validate the integrity of backups of Customer Data on an environment separate from the Customer Configuration.”

• Reinstatement fee Report an error

  “you will pay a reinstatement fee of $500”

• DPA location Report an error

  “Sinch Email shall provide the Services in accordance with the data processing addendum set forth at https://sinch.com/legal/terms-and-conditions/other-sinch-terms-conditions/data-protection-agreement/”

• Customer data ownership Report an error

  “Customer Data is, and at all times shall remain, your exclusive property.”

• Tls support Report an error

  “Although Services include support for TLS, content may be transmitted even if the recipient does not also support TLS, resulting in an unencrypted transmission.”

• DPA sccs Report an error

  “the Parties agree to comply with the terms in the Data Processing Agreement (“DPA”), that include the standard contractual clauses, and as may be amended from time to time; such DPA shall become part of the Agreement.”

• Payment terms days Report an error

  “Fees are due within thirty (30) days from the invoice date.”

• Late payment interest Report an error

  “Sinch Email may charge interest on overdue amounts at the greater of 1.5% per month or the maximum legal rate”

• Invoice dispute window days Report an error

  “Invoices that are not disputed within one hundred and twenty (120) days of the invoice date are conclusively deemed accurate.”

• Price change notice Report an error

  “With respect to Customers that are not party to a then-effective Service Order (i.e. self-service Customers), such rate changes will be effective immediately upon the posting of an update to your Control Panel.”

• Plan changes Report an error

  “Self-service customers may be able to upgrade or downgrade Customer’s plan through Customer’s online account on Sinch Email’s website at any time; provided, however, that upgrade to the Customer’s plan will take effect immediately, while downgrades will take effect at the end of the then-current term.”

• Taxes exclusive Report an error

  “All amounts due to Sinch Email under the Agreement are exclusive of any value added, goods and services, sales, use, and like taxes”

• Billing cycle self service Report an error

  “the term for self-service customers has an initial one month term and will automatically renew at the end of the billing period unless either party provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the then current term.”

• Termination cure days Report an error

  “Either party may terminate the Agreement or the affected Service Order(s) for cause on written notice if the other party materially breaches the Agreement and, where the breach is remediable, does not remedy the breach within forty-five (45) days of the non-breaching party’s written notice describing the breach.”

• Liability cap Report an error

  “the maximum aggregate monetary liability of Sinch Email and any of its Representatives in connection with the Services or the Agreement under any theory of law shall not exceed the total amount paid for the Services that are the subject of the claim in the twelve months immediately preceding the event(s) that gave rise to the claim.”

• Indirect damages excluded Report an error

  “Neither party (nor any of our Affiliates or Representatives) is liable to the other for any indirect, special, incidental, exemplary or consequential loss or damages of any kind.”

• Message routing data use Report an error

  “You agree that Sinch Email may view and use the message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products.”

• Usage data collection Report an error

  “Sinch Email collects and stores information related to your use of the Services, such as use of the Website, API, SMTP and filtering choices and usage.”

• Termination nonpayment days Report an error

  “If following suspension of your Services for non-payment, your payment of any invoiced undisputed amount remains overdue for a further ten (10) days, Sinch Email may terminate the Agreement or the applicable Service Order(s) for breach on written notice.”

• Assignment Report an error

  “Neither party may assign the Agreement or any Service Orders without the prior written consent of the other party except to an Affiliate or successor as part of a corporate reorganization or a sale of some or all of its business”

• Affiliates outside region Report an error

  “You acknowledge and agree that Sinch Email Affiliates and subcontractors may be based outside of the geographic jurisdiction in which you have chosen to store Customer Data and if legally required the parties will enter into good faith negotiations of such agreements as are necessary in order to legitimize the transfer of Customer Data.”

• Governing law mailjet Report an error

  “If the Agreement is entered into with Mailjet SAS or Mailjet GmbH, the Agreement will be governed by and construed in accordance with the laws of France, without reference to its conflicts of law principles, and all disputes will be subject to the exclusive jurisdiction of the courts located in Paris, France.”

• Class action waiver Report an error

  “No claim may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant.”

• Claims limitation years Report an error

  “Each of us agrees that Sinch Email will not bring a claim under the Agreement more than two years after the time that the claim accrued.”

• Terms last revised Report an error

  “Last revised 01/15/2025.”

• Ip indemnification Report an error

  “Sinch Email agrees to indemnify the Customer for any damages resulting from any claim initiated by a third party and asserted against the Customer on the grounds that the Service, when used in accordance with the provisions of the Agreement, infringes any Intellectual Property right”

• Pen testing restriction Report an error

  “You may not attempt to probe, scan, penetrate or test the vulnerability of a Sinch Email system or network, or to breach the Sinch Email security or authentication measures, whether by passive or intrusive techniques, without our prior written consent and entering into a separate agreement”

• Suspension circumstances Report an error

  “Sinch Email may suspend the Services (in whole or in part) without liability if: (i) Sinch Email reasonably believes or determines that the Services are being used in violation of the Agreement (including the AUP); (ii) you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement (including the AUP); (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent, (iv) Sinch Email is required by law or by a regulatory or government body to suspend the Services”

• Beta terms Report an error

  “If you use any Services that have been designated as a “Test”, “Beta” or “early access” or with like designation then your use of those Services is subject to the Sinch Email Test Terms as provided to Customer.”

• Control panel definition Report an error

  ““Control Panel” means the customer portal accessible to Customer containing, among other information, the pricing terms applicable to Customer’s use of the Services and users designated to receive support.”

• Warranty disclaimer Report an error

  “Sinch Email and its Representatives disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law including implied warranties such as merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.”

• Service modification right Report an error

  “Sinch Email may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, Sinch Email will endeavor to inform you as early as possible.”

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