Terms of Service

Last updated: January 2026

Agreement to Terms

By accessing or using mailshit ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

Description of Service

mailshit provides a platform for designing, building, and sending email templates. The Service includes a visual email editor, template management, API access, and integration with third-party email providers.

Account Registration

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Promptly update any changes to your information
  • Accept responsibility for all activity under your account

Acceptable Use

You agree not to use the Service to:

  • Send spam, unsolicited emails, or violate anti-spam laws
  • Send malicious content, phishing attempts, or malware
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Harass, abuse, or harm others
  • Attempt to gain unauthorized access to systems
  • Interfere with or disrupt the Service
  • Resell or redistribute the Service without authorization

Email Sending Guidelines

When using our Service to send emails, you must:

  • Have valid consent from all recipients
  • Include accurate sender information
  • Provide a working unsubscribe mechanism for marketing emails
  • Honor opt-out requests promptly
  • Comply with CAN-SPAM, GDPR, and other applicable regulations

Intellectual Property

The Service and its original content, features, and functionality are owned by mailshit and are protected by copyright, trademark, and other intellectual property laws.

You retain ownership of content you create using the Service. By using the Service, you grant us a license to process your content solely to provide the Service.

Third-Party Services

The Service integrates with third-party email providers. Your use of these providers is subject to their respective terms of service. We are not responsible for third-party services.

Payment Terms

For paid plans:

  • Fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable except as required by law or as stated in our refund policy
  • We may change pricing with 30 days notice
  • Failure to pay may result in account suspension

Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may modify, suspend, or discontinue the Service at any time with reasonable notice.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, 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: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) YOUR DATA WILL BE PRESERVED, BACKED UP, OR RECOVERABLE.

No Liability for Data Loss

YOU ACKNOWLEDGE AND AGREE THAT MAILSHIT SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, CORRUPTION, OR DESTRUCTION OF YOUR DATA, TEMPLATES, CONTENT, OR ANY OTHER INFORMATION STORED OR PROCESSED THROUGH THE SERVICE. THIS INCLUDES, WITHOUT LIMITATION:

  • Loss of email templates, designs, or configurations
  • Loss of account data or settings
  • Failed or undelivered emails
  • Data corruption during storage, transfer, or processing
  • Loss resulting from service interruptions, maintenance, or termination
  • Loss caused by security breaches, unauthorized access, or system failures
  • Loss due to third-party provider failures or outages

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA AND CONTENT. WE STRONGLY RECOMMEND THAT YOU REGULARLY EXPORT AND BACKUP ALL TEMPLATES, CONFIGURATIONS, AND OTHER DATA.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILSHIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS
  • LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • BUSINESS INTERRUPTION OR DOWNTIME COSTS
  • COST OF SUBSTITUTE GOODS OR SERVICES
  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
  • DAMAGES RESULTING FROM ANY THIRD-PARTY CONDUCT OR CONTENT

THESE LIMITATIONS APPLY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless mailshit from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

Termination

We may terminate or suspend your account at any time for violations of these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately.

Governing Law

These Terms shall be governed by the laws of the jurisdiction in which mailshit operates, without regard to conflict of law provisions.

Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes. Continued use of the Service after changes constitutes acceptance of the new Terms.