Terms & Conditions

Eligibility

To use the Services, you must be at least 18 years old and capable of entering into legally binding agreements. If you are using MailSend on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Account Registration and Security

You must create an account to access the Services. You agree to provide accurate and complete registration information and keep it up to date. You are solely responsible for safeguarding your login credentials, API keys, and for all activity under your account, including actions taken by third parties using your credentials.

MailSend is not liable for any loss or damage arising from unauthorized access to your account.

Use of Services

MailSend provides email delivery infrastructure, including API-based tools to send, track, and manage email communications. You agree to use the Services only for lawful purposes and in accordance with:

• These Terms
• Our Privacy Policy
• Our Fair Use Policy

You are solely responsible for the content of the emails you send through MailSend. We act only as a data processor, transmitting your content on your behalf.

If you enable tracking features (e.g., open and click tracking), you are responsible for obtaining appropriate consent from your recipients as required by law.

You may not:

• Use the Services to send spam, phishing, deceptive, or unlawful content.
• Upload or send harmful, harassing, misleading, or infringing content.
• Abuse the platform by exceeding fair use thresholds or creating fake accounts.

Subscriptions and Billing

Access to MailSend may require a paid subscription. Pricing, usage tiers, and billing cycles are listed on our website and may change with notice.

By subscribing, you authorize us to charge your payment method for all applicable fees. Unless otherwise stated, fees are non-refundable.

You remain responsible for any applicable taxes and charges related to your use of the Services.

Refunds

Refunds are available only if there is no usage and requested within 7 days of subscription start. Hobby plans are not eligible for refunds. No refunds are issued for violations of our Terms or Policies, or for partial usage once emails have been sent.

Service Availability

We strive to provide reliable, uninterrupted access to our Services, but availability is not guaranteed. Maintenance or outages may occur, with or without notice.

We are not responsible for downtime caused by internet outages, third-party service providers, or force majeure events.

Subprocessors and Integrations

We rely on third-party subprocessors to help operate and support our Services (e.g., cloud infrastructure, analytics, payments). A current list is maintained on our Subprocessors page.

You may choose to connect third-party tools or platforms to MailSend. Your use of third-party services is subject to their terms, and we are not responsible for their behavior or data practices.

Termination and Suspension

You may cancel your account at any time. MailSend may suspend or terminate your access to the Services immediately, with or without notice, if you:

• Violate these Terms or any applicable law.
• Engage in abusive or excessive use of the Services.
• Are required to do so by law or court order.

Upon termination, your right to use the Services ends. We may delete your data unless legally required to retain it.

Account Inactivity and Data Deletion

Eligibility

Only free accounts that have never had a successful paid subscription may become eligible for inactivity deletion. An account that has ever paid is permanently excluded from this automated inactivity policy, even if its subscription later expires or is cancelled.

Inactivity and Warning Period

An eligible free account may be considered inactive after 60 consecutive days without authenticated dashboard or API activity. Before any inactivity deletion, MailSend will send a warning to the registered account email and provide at least 7 days to sign in and keep the account.

Signing in or using an authenticated API key during the warning period records activity and cancels the inactivity schedule. You are responsible for keeping the registered account email accurate and monitored.

Data Export Before Deletion

Before a scheduled deletion date, account admins should export any data they wish to retain, including contact lists, suppression lists, and email templates.

Permanent Deletion

When automated inactivity deletion is operationally enabled, an eligible account that remains inactive throughout the warning period may be permanently deleted together with associated contacts, suppression lists, templates, campaigns, automations, analytics, logs, sender configurations, and API keys.

Deletion is irreversible after the cleanup process completes. Legal holds, active billing state, paid history, recent workspace-member activity, or unresolved cleanup errors may delay or prevent automated deletion.

Limitation of Liability

Once an account and its data have been deleted in accordance with this policy, MailSend shall not be held responsible or liable for:

• Any loss of data, contacts, templates, or historical records.
• Any business impact, loss of revenue, or disruption resulting from the deletion.
• Any inability to recover the deleted data.

By continuing to use MailSend, you acknowledge and agree to this data retention and deletion policy.

Data Protection and Privacy

We process your account and service data in accordance with our Privacy Policy. MailSend acts as a data processor for content you send through our Services, including recipient data, message content, and tracking information.

You are responsible for ensuring your use of the Services complies with applicable data protection laws, including obtaining recipient consent where necessary.

Intellectual Property

All rights, title, and interest in and to the Services, including software, APIs, design, and branding, are and will remain the exclusive property of MailSend and its licensors.

You may not reverse-engineer, modify, or reproduce any part of the Services unless expressly authorized in writing.

Disclaimers

The Services are provided "as is" and "as available," without warranties of any kind. We disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that emails sent through our Services will be delivered, opened, or read.

Limitation of Liability

To the fullest extent permitted by law, MailSend shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.

Our total liability under these Terms shall not exceed the amount paid by you to MailSend in the 6 months preceding the claim.

Indemnification

You agree to indemnify and hold harmless MailSend, its affiliates, and employees from any claims, losses, or damages arising from your use of the Services, your violation of these Terms, or any law or third-party rights.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. You agree that any disputes shall be resolved through binding arbitration or in the state or federal courts located in Delaware, unless otherwise prohibited by law.

Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Service. Your continued use of AutoSend after such updates constitutes acceptance of the revised Terms.