Legal Terms of Use

Thanks for taking the time to learn about Mailtree's legal policies. It's important stuff. This is where you'll find information about how we protect your privacy, what you can and can't do with Mailtree, and how we handle user accounts.

Thanks for using Mailtree.

Please read these Terms carefully. By using Mailtree or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Mailtree (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. Mailtree(“Mailtree,” “we,” or “us”)is an online marketing platform that allows you to manage your contacts,and to create, send, and manage certain marketing campaigns, including, without limitation,emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”),among other things.Mailtree has employees, independent contractors, and representative(“our Team”).As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Standard Terms of Use (“Terms,” including our Acceptable Use Policy, API Guidelines, Cookie Statement, Copyright and Trademark Policy, Data Processing Addendum, and Brand Guidelines) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

Some features of the Service are offered as add-ons to your Mailtree account (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”)

Account

Eligibility

In order to use the Service, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the account registration process;
  3. agree to these Terms;
  4. provide true, complete, and up-to-date contact and billing information;

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Term

When you sign up for an account and agree to these Terms, the Agreement between you and Mailtree is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Mailtree account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Closing Your Account

You or Mailtree may terminate the Agreement at any time and for any reason by terminating your Mailtree account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment for a Monthly Plan or reimburse you for unused Pay as You Go Credits. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

Changes

We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.

Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Mailtree is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.

Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Mailtree.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account

Payment

Paid Monthly Plans and Audience

If you had a paid Monthly Plan on or before October 30, 2019, the following Section 7 may not apply to you and your account. If it does not apply, an alternate version of Section 7 applicable to you and your account is available in your account (navigate to “Account,” then “Billing,” then “Monthly plans or credits”).

A. Paid Monthly Plans

When you sign up for a paid monthly plan, you are required to self-select both your projected audience, as described in Section 7B below, and your package (e.g., Essentials, Standard, Premium) (together, your “Monthly Plan”) from those posted on our WebsWhen you sign up for a paid monthly plan, you are required to self-select both your projected audience, as described in Section 7B below, and your package (e.g., Essentials, Standard, Premium) (together, your “Monthly Plan”) from those posted on our Website based on your anticipated use of the Service. Each Monthly Plan offers different pricing and feature options. Once you select your Monthly Plan, Mailtree will never automatically upgrade or downgrade your Monthly Plan. So, give yourself room to grow if you’ll need it! If you exceed your Monthly Plan usage limits (either by exceeding your audience or monthly email limits, or both), you will incur additional charges for the prior billing cycle based on your current Monthly Plan, which will be detailed on your bill and in your account. Before paying for your Monthly Plan for the first time, you will have an opportunity to preview the additional charges which would apply to your Monthly Plan should you incur them by exceeding your self-selected usage limits. If you decide to proceed, and you incur additional charges, you agree to pay them on or before the next Pay Date, as described below. You will always have the option to upgrade to a higher tier at any time. If you upgrade during a billing cycle, you may elect to upgrade your package, your audience limit, or both. If you elect to upgrade both, the upgrade amount for the package upgrade is calculated first, and the upgrade amount for the audience limit upgrade is calculated second. In any event, your monthly charge for that billing cycle will be calculated based on the number of days in that billing cycle during which you were at each of the lower tier and the higher tier (including any applicable additional charges for the higher tier). You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier (including any applicable additional charges for the higher tier).

When you sign up for a Monthly Plan, you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you started your Monthly Plan. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If any part of a month is included in the Term, then payment is required for the full month. If you exceed your self-selected usage limits for your Monthly Plan, then you’ll have to pay additional charges (as described above) for the prior billing cycle on or before the next Pay Date, even if the Term ends or you downgrade to a Free Plan before that payment is otherwise due. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.

B. Audience and Archiving

You may have several types of contacts in your Mailtree account, but only contacts that you can engage through the Service count as contacts in your “audience” for purposes of your Monthly Plan or Free Plan. Subscribed, unsubscribed, and non-subscribed contacts count towards your audience. Cleaned, pending, reconfirmed, deleted, and archived contacts do not count towards your audience. You may elect to archive contacts at any time, but any profile changes for an archived contact (whether initiated by you, the contact, or an integration) will automatically unarchive that contact. You cannot engage in any activity through the Service with archived contacts unless and until they are unarchived. If a contact is unarchived, it will immediately count towards your audience for your current billing cycle and any future billing cycles unless and until archived again.

Free Plans

If you use the Service under the free plan (“Free Plan”) and you want to go over the Free Plan limits, you’ll be required to upgrade your account to, and select and pay for, a Monthly Plan. Monthly Plans are described in Section A above. If you exceed your Free Plan limits, or otherwise upgrade your account to a paid Monthly Plan, you’ll only be provided one complimentary downgrade to the Free Plan (provided your sending volume and audience numbers drop down to the Free Plan limits again). If you go over the limits for the Free Plan more than once, you’ll no longer qualify for the Free Plan, even if your future sending volume and audience numbers are within the limits of the Free Plan.

Pay as You Go Credits

You may also buy email credits to use the Service (“Pay as You Go Credits”), as explained on our Website. You will have an opportunity to review current rates for Pay as You Go Credits in your account prior to purchase. If you choose to buy Pay as You Go Credits, you’ll have access to the features of the Service included in the Essentials package, as described on the pricing page, and other than the monthly payment requirement, all of these Terms will still apply to you. Pay as You Go Credits purchased on or after September 30, 2019 roll over each month, and expire 12 months after purchase. Pay as You Go Credits purchased before September 30, 2019 also roll over each month, and expire on September 30, 2022. Pay as You Go Credits have no cash value, cannot be refunded or redeemed for cash, and represent a limited license to use the Service for the specified volume and type of service.

Debit and Credit Cards

As long as you’re a Member with a Monthly Plan or otherwise have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

Refunds

We’ll give you a refund for a prepaid month or reimburse you for unused Pay as You Go Credits if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.

Charges for Add-Ons

If you use an Add-on that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Add-on is active. Your billing cycle for an Add-on may differ from your billing cycle for your Monthly Plan or other features of the Service, and certain Add-ons may require upfront payment for their entire billing cycle. If you use Mandrill to send bulk emails in violation of our Acceptable Use Policy, then we may charge you at the comparable Mailtree plan or terminate your account.

Billing Changes

We may change our fees, including our charges for Monthly Plans and Pay as You Go Credits, at any time by posting a new pricing structure to our Website or in your account and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.

Trademark

When reporting a claim of trademark infringement, please ensure your notice includes the following:

  • The name, address, telephone number, and email address of the trademark owner;
  • An identification of the trademark that you claim is being infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration, and a link to the registration or copies of your certificate of registration;
  • A description of the content on our Websites or sent through our Service that you claim infringes your trademark, including an explanation of how you believe the content is infringing;
  • An identification of where the allegedly infringing content is located on our Websites or was sent through our Service (a URL works best);
  • A statement that: (a) you have a good faith belief that the use isn’t authorized by the trademark owner, its agent or the law; (b) the information in your notice is accurate; and (c) under penalty of perjury, you are the owner or you are authorized to act on behalf of the trademark owner; and
  • An electronic or physical signature from the trademark owner or someone authorized to act on their behalf

This Copyright and Trademark Policy applies to the websites where Mailtree offers the Services, including the websites as well as any other sites owned or operated by us (each a “Website” and together the “Websites”). This Policy also applies to all uses of our Services.

Rights

Proprietary Rights Owned by Us and by You

We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service, and you may only use our brand assets according to our Brand Guidelines.

You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Mailtree in the course of using the Service (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Statement, and, if applicable, our Data Processing Addendum.

Privacy Policy

Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.

Right to Review Content and Campaigns

We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.

Rules and Abuse

General Rules

By agreeing to these Terms, you promise to follow these rules:

  1. You won’t send spam!
  2. You won’t use purchased, rented, or third-party lists of email addresses.
  3. You’ll comply with our Acceptable Use Policy, which forms part of these Terms
  4. If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.

Mailtree doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

  • A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others
  • Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

  • an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
  • a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
  • a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Mailtree Member, please report it to our abuse team. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright and Trademark Policy.

Bandwidth Abuse/Throttling

You may only use our bandwidth for your Content and Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images on our servers for anything else. We may throttle your sending or connection through our API at our discretion.

No Warranties

To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: PO Box 9061, Post Office Allama Iqbal Town, Lahore, Punjab, Pakistan.

Entire Agreement

These Terms and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.

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Terms and Conditions Last Updated: Sep-25-2019