Terms of service — MailerSend

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Facts read from this source

• Entity Report an error

  “MailerSend is a product created under the corporation whose legal name is MailerSend, Inc. (228 Park Ave S, PMB 54955, New York, New York 10003-1502, US)”

• Services Report an error

  “MailerSend provides transactional email, transactional and marketing SMS (for US and Canada-based customers only), and WhatsApp message services ("Services").”

• Billing periods Report an error

  “The payment period is one month for a monthly plan or one year for a yearly plan and can be settled by a credit card or via PayPal.”

• VAT treatment Report an error

  “All subscription fees displayed on the MailerSend pricing page at https://www.mailersend.com/pricing are exclusive of VAT and/or sales tax.”

• VAT exemptions Report an error

  “You can order the Services without paying VAT when: you are from an EU country and you have a registered VAT number; you are from outside the EU, whether a business or private individual.”

• Fee changes Report an error

  “We may modify or change our fees and pricing at any time and, at our sole discretion, run in-app beta pricing experiments that offer different rates to some users.”

• Overage billing Report an error

  “In the event that you exceed your Services limit, you must pay for the exceeding part additionally.”

• Third party filtering Report an error

  “MailerSend will use commercially reasonable efforts to deliver your email and / or SMS and / or WhatsApp messages, but MailerSend does not guarantee delivery.”

• No virus scanning Report an error

  “While the MailerSend Services do provide some email filtering services designed to filter spam it does not provide virus scanning”

• Sms types Report an error

  “Using MailerSend you can send two types of SMS—transactional SMS and marketing SMS.”

• Sms compliance Report an error

  “you must comply with all applicable laws and rules, including but not limited to Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices”

• Opt in requirement Report an error

  “It is absolutely not acceptable nor allowable to send transactional emails, SMS and / or WhatsApp messages to the recipients whose data was purchased, rented, or acquired from a third party.”

• Unsubscribe requirement Report an error

  “Every marketing email you send using MailerSend must include a single-click, clear and visible unsubscribe link added using MailerSend's "track unsubscribes" feature that instantly adds the recipient to your MailerSend suppression list.”

• Sms optout requirement Report an error

  “Every transactional or marketing SMS and WhatsApp messages you send using MailerSend must include clear instructions on how to opt-out by including the sentence: “Reply STOP to unsubscribe” at the end of the initial message sent to the consumer, or “reply STOP to cancel”.”

• Content restrictions Report an error

  “Ineligible use cases: High-Risk Financial Services”

• AI content checks Report an error

  “MailerSend uses AI-powered and, if needed, manual content checks to ensure compliance with these Terms.”

• Dsa contact Report an error

  “please reach out to MailerSend’s dedicated DSA contact at abuse@mailersend.com to discuss our content moderation practices under the DSA.”

• Haveibeenpwned monitoring Report an error

  “MailerSend utilizes the service Have I Been Pwned, with their terms of use here, to proactively monitor and safeguard your email and password against potential data breaches.”

• Retention reference Report an error

  “MailerSend's data retention practices are described in detail in Clause 11 of the Privacy Policy.”

• Account single domain Report an error

  “Creating multiple accounts is forbidden.”

• Mcp feature Report an error

  “These features include MailerSend’s native AI functionalities and the Model Context Protocol (“MCP”), which enables you to connect your MailerSend account with certain third-party artificial intelligence agents (“AI Agents”).”

• Mcp data access Report an error

  “When you connect an AI Agent via the MCP, you explicitly authorize that AI Agent to access, read, and potentially modify data within your MailerSend account.”

• AI inputs license Report an error

  “You grant MailerSend a license to use your Inputs and Outputs to improve AI models, and you agree to comply with any restrictions on AI usage.”

• Whatsapp service Report an error

  “MailerSend provides you with WhatsApp messaging functionality ("WhatsApp Service") via its third-party service provider Meta.”

• Whatsapp meta billing Report an error

  “if you purchase WhatsApp messages, in addition to MailerSend billing you for this feature as an add-on, you will also be directly billed by Meta Platforms, Inc. (“Meta”).”

• Termination data loss Report an error

  “In the event of account cancellation, you will lose all data related to your account.”

• Refund policy Report an error

  “We are required to provide a refund only if we terminate our Services to you without cause before the end of a billing period.”

• Refund window Report an error

  “In any case, the refund can only be made within 30 days from the last transaction date.”

• Account usage requirement Report an error

  “Use the Services solely for purposes relating to your trade, business, craft, or profession as these Services are not intended for personal use”

• Sanctions policy Report an error

  “we do not provide Services or accept payments from Customers who are registered in any country or region sanctioned by the United States, United Kingdom, European Union, or United Nations.”

• Governing law Report an error

  “these Terms of Use shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles.”

• Smtp relay Report an error

  “SMTP relay”

• Inbound routing Report an error

  “Inbound email routing”

• Templates Report an error

  “Email templates”

• Termination rights Report an error

  “We reserve the right to terminate your account at any time with or without cause. You also have the option of canceling your account at any time without penalty.”

• Routing data use Report an error

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

• Suspension rights Report an error

  “MailerSend may suspend the Services without liability if: (i) MailerSend reasonably believes that the Services are being used in violation of the Terms”

• No ip claim user content Report an error

  “MailerSend claims no intellectual property rights over the material you provide to the Service.”

• Abuse termination no refund Report an error

  “MailerSend reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.”

• GDPR statement Report an error

  “GDPR Compliant Your data is safe with us”

• Ip owner Report an error

  “You acknowledge that MailerSend owns all right, title, and interest in and to the Service, including without limitation all intellectual property rights”

• Whatsapp terms required Report an error

  “you must satisfy all applicable eligibility requirements, including agreeing to and complying with WhatsApp Business Platform Cloud API Terms, WhatsApp Business Terms of Service, Meta Terms for WhatsApp Business, and Meta Platform Terms”

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