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Terms of Service

Last Updated: April 11 2025

Table of Contents

  1. Introduction
  2. Definitions
  3. Account Terms
  4. Services and Payments
  5. Free Trial
  6. User Responsibilities
  7. Intellectual Property Rights
  8. Prohibited Uses
  9. Termination
  10. Disclaimers
  11. Limitation of Liability
  12. Indemnification
  13. Changes to Terms
  14. Legal Disputes
  15. Contact Us

1. Introduction

Welcome to MailCode (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the MailCode website, apps, APIs, and other services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services. If you are accessing or using the Services on behalf of an entity, you have authority to bind that entity to these Terms.

2. Definitions

Throughout these Terms, we use certain defined terms:

  • “Content” means any text, graphics, images, or other materials you submit to or through the Services.
  • “User” means any person or entity that accesses or uses the Services.
  • “Email Templates” means HTML email templates generated with the Services.
  • “Account” means your registered account for accessing the Services.
  • “Subscription” means a paid plan granting feature access.

3. Account Terms

3.1 Account Registration

To access certain features of the Services, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account if we suspect any information provided is inaccurate, incomplete, or fraudulent.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your Account. You agree to notify us immediately if you become aware of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or Account information.

3.3 Age Restrictions

The Services are not intended for and may not be used by persons under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older.

4. Services and Payments

4.1 Service Description

MailCode provides an AI-powered HTML email generator that creates branded, responsive emails based on user input. Our Services include various tools and features designed to help users create, customize, and export HTML emails.

4.2 Subscription Plans

We offer various subscription plans. Details of current plan offerings, features, and pricing are available on our website. We reserve the right to modify, terminate, or otherwise change our subscription plans at any time.

4.3 Payments

You agree to pay all fees associated with your selected subscription plan. All payment obligations are non-cancelable, and fees paid are non-refundable, except as expressly provided in these Terms or as required by applicable law.

For paid subscriptions, you will provide us with valid, up-to-date payment information. We may bill you through a third-party payment processor. If you don't pay on time or if we cannot charge your payment method for any reason, we reserve the right to suspend or terminate your access to the Services.

4.4 Taxes

Unless otherwise stated, all fees do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes that may be assessed by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases.

4.5 Usage Limits

To ensure fair usage and protect our systems, we impose a limit of 50 email generations per month for all accounts. If you exceed this limit, we reserve the right to temporarily suspend your ability to generate additional emails until the next billing cycle. Additional email capacity may be available for purchase as add-ons to your subscription plan.

5. Free Trial

5.1 Trial Period

We offer a 14-day free trial that provides full access to all features of our Services. During the trial period:

  • You will have access to all premium features
  • You are subject to the 50 email generations per month limit
  • No payment information is required to start your trial

We reserve the right to modify the features, duration, and availability of the trial period at any time without prior notice.

5.2 Trial Conversion

At the end of your 14-day trial period, your access to the Services will be suspended unless you choose to subscribe to a paid plan. To continue using the Services after the trial period expires, you must select and pay for a subscription plan.

5.3 Trial Eligibility

Trial eligibility is determined at our sole discretion. We reserve the right to limit trial availability, revoke trial access, or prohibit future trial participation for any reason. Typically, we limit free trials to one per person or organization.

6. User Responsibilities

6.1 Content

You are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Services. You represent and warrant that:

  • You own or have secured all necessary rights, licenses, and permissions to use and share any Content with us and through the Services;
  • Your Content and its use through the Services does not and will not violate these Terms, applicable law, or anyone's intellectual property, privacy, publicity, or other rights; and
  • Your Content does not contain any harmful code or material that could interfere with the operation of the Services.

6.2 Compliance with Laws

You agree to use the Services in compliance with all applicable local, state, national, and international laws, including without limitation all email marketing, anti-spam, and privacy laws.

6.3 Email Distribution

Our Services are intended for creating email templates. You are responsible for the actual sending and distribution of emails, ensuring that your email lists are obtained lawfully, and managing opt-outs and unsubscribes in compliance with applicable laws.

7. Intellectual Property Rights

7.1 MailCode's Intellectual Property

The Services and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) originating from MailCode are owned by us or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal or internal business purposes.

7.3 Your Content

You retain all rights in, and are solely responsible for, the Content you submit to the Services. By submitting Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise use the Content solely for the purposes of providing and improving the Services.

7.4 Generated Emails

You own the HTML emails generated for you through the Services, subject to our ownership of the underlying technology, tools, templates, and AI models used to create them. You may use, modify, and distribute the generated emails for your own purposes in accordance with these Terms.

7.5 Feedback

If you provide us with any feedback, suggestions, improvements, or feature requests (collectively, "Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback in any way and for any purpose without compensation to you.

8. Prohibited Uses

You agree not to use the Services to:

  • Create, send, or store emails or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another's privacy, or otherwise objectionable;
  • Create, send, or store emails containing malware, viruses, or any other malicious code;
  • Violate applicable laws, regulations, or industry standards, including anti-spam laws (such as the CAN-SPAM Act, GDPR, CASL) and export control laws;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to any portion of the Services, other accounts, or any other systems or networks;
  • Reverse engineer, decompile, or disassemble any portion of the Services;
  • Copy, reproduce, distribute, republish, download, or transmit any part of the Services except as expressly permitted;
  • Use the Services to develop a competing product or service;
  • Harvest or collect email addresses or other contact information for the purpose of sending unsolicited emails or communications;
  • Use automated scripts or bots to access the Services or generate content in excess of normal usage patterns.

9. Termination

9.1 Termination by You

You may stop using the Services at any time. If you wish to terminate your Account, you may do so by contacting us at support@mailcode.ai.

9.2 Termination by Us

We may terminate or suspend your access to all or part of the Services, with or without notice, at our discretion, including but not limited to, if we reasonably believe:

  • You have violated these Terms;
  • You are abusing the Services;
  • You pose a risk to us or other users of the Services;
  • Your continued access would subject us to legal or regulatory liability.

9.3 Effect of Termination

Upon termination:

  • Your right to access and use the Services will immediately cease;
  • We may delete your Content and Account information;
  • Any outstanding payment obligations will become immediately due;
  • Sections of these Terms that by their nature should survive termination will remain in effect.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

WE DO NOT WARRANT THAT THE EMAILS GENERATED THROUGH THE SERVICES WILL ACHIEVE ANY PARTICULAR BUSINESS OR MARKETING RESULTS, OR THAT THEY WILL BE DELIVERABLE THROUGH ALL EMAIL CLIENTS OR PLATFORMS.

YOUR USE OF THE SERVICES AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILCODE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
  • ANY CONTENT OBTAINED FROM THE SERVICES;
  • ANY EMAILS GENERATED THROUGH THE SERVICES; OR
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US, IF ANY, FOR USE OF THE SERVICES DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Indemnification

You agree to defend, indemnify, and hold harmless MailCode, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your Content;
  • Your use of the Services;
  • Any emails you create, modify, or send using the Services; or
  • Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.

13. Changes to Terms

We may modify these Terms at any time by posting an updated version on our website. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

For material changes to these Terms, we will make reasonable efforts to notify you (e.g., by email to the address associated with your Account or by a notification when you access the Services). Your continued use of the Services after the effective date of any changes to these Terms constitutes your acceptance of the changed Terms.

If you do not agree to the updated Terms, you must stop using the Services.

15. Contact Us

Questions? Email us at support@mailcode.ai.