Terms and Conditions

1. The Service

MailRig provides dedicated sending infrastructure and software to operate it, including sending IP addresses and domains assigned to your account, campaign and sequence tooling, contact management, reply handling, reporting and an API. Features available to you depend on your plan.

We may modify, add to or discontinue features. We will not materially reduce the core functionality of a plan during a term you have already paid for. Where we discontinue a material feature, we will give reasonable notice by email or in the Service.

We do not provide contact lists, prospect data, or copywriting, and we do not send on your behalf except as directed by you through the Service.

2. Eligibility and accounts

You must be at least 18 and capable of forming a binding contract. The Service is offered for business use; it is not intended for personal or household purposes.

You must provide accurate registration information and keep it current, including a valid business email address and, where we request it, evidence of the business you represent. We may verify this information and may refuse, suspend or close an account where verification fails or the information is false.

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, including that of users you invite. Notify us without undue delay at hello@mailrig.io if you suspect unauthorised access.

3. Acceptable use

You may use the Service only for lawful business communication in which you have a legitimate basis for contacting the Recipient, and only in compliance with all laws applicable to you and to your Recipients, including the CAN-SPAM Act, the UK and EU GDPR and PECR, CASL, and equivalent legislation.

You must not, and must not permit any person to: send to purchased, rented, scraped, harvested or otherwise unlawfully obtained lists; send phishing, malware, ransomware, spyware or fraudulent content; impersonate any person, organisation or domain, or falsify headers, sender identity or routing information; send content that is unlawful, defamatory, harassing, obscene, or that infringes intellectual property or privacy rights; promote illegal goods or services; send to addresses obtained without consent where consent is legally required; evade or attempt to evade filtering, blocklists, suppression, rate limits, capacity controls or account suspension; probe, scan, penetration test or otherwise attempt to breach the Service; resell, sublicense or provide the Service to third parties except as a permitted agency use under your plan; or use the Service to build or benchmark a competing product.

Every message you send must accurately identify the sender, include a functioning and conspicuous opt-out mechanism, honour opt-out requests promptly, and include a valid physical postal address where the law requires one. You must not disable, circumvent or fail to act on our suppression handling.

We may, but are not obliged to, monitor use of the Service for compliance with this section.

4. Customer Data and your responsibilities

As between you and us, you retain all right, title and interest in Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit, display and otherwise use Customer Data solely to provide, secure and support the Service and as required by law.

You represent and warrant that: you have all rights, consents and lawful bases necessary for us to process Customer Data as contemplated by these Terms; your collection and use of Recipient data complies with applicable law; and your use of the Service will not violate the rights of any third party.

Where we process personal data on your behalf, we act as processor and you act as controller. Our processing is governed by our Privacy Policy and, where required, a data processing agreement, which is available on request and is incorporated into these Terms when executed.

You are responsible for the accuracy, quality and legality of Customer Data and for the consequences of sending it.

5. Sending capacity

Your plan includes a Sending Allowance. The Allowance is a maximum, not a commitment that the full volume can be sent at any given time.

Actual sending capacity is governed by the health of the infrastructure assigned to you. New domains and IP addresses begin conservatively and capacity increases only as sending signals support it. We may reduce, pace, pause or suspend sending at any time, in whole or in part, where bounce rates, complaint rates, authentication failures, blocklisting, provider feedback or other signals make continued sending a risk to you, to us, to other customers or to the infrastructure.

Exceeding your Allowance may result in additional charges at our then-current rates or in sending being paused until the next billing period, at our discretion.

6. Deliverability

You acknowledge that email delivery outcomes are determined by receiving mailbox providers, including Google, Microsoft, Yahoo and others, and are outside our control.

We do not warrant, guarantee or represent that any message will be delivered, will reach any particular folder, or will achieve any open, reply or conversion rate. No statement by us, in marketing material or otherwise, constitutes such a guarantee.

We provide infrastructure, authentication, monitoring and pacing. Outcomes also depend on your list quality, targeting, content, sending behaviour and reputation, which are your responsibility.

7. Infrastructure, IP addresses and domains

Sending IP addresses assigned to your account are not shared with unrelated MailRig customers while your account is active and in good standing. IP addresses are provided as part of the Service and are licensed, not sold. You acquire no ownership, transfer or portability right in any IP address, and we may reassign, replace or reclaim IP addresses on termination or where operationally necessary.

Sending domains you connect remain yours, and you may remove them at any time. You are responsible for maintaining domain registration and for the DNS records required for authentication.

8. Fees, billing and taxes

Fees are those in effect for your plan at the time of purchase, are charged in advance, and are non-refundable except where these Terms or applicable law expressly require otherwise. Subscriptions renew automatically for successive terms unless cancelled before the renewal date.

All fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST and similar taxes, excluding taxes on our income. Where we are required to collect tax, it will be added to your invoice.

If a payment fails or is overdue we may suspend the Service after notice. You remain liable for amounts accrued. We may change pricing on at least thirty days' notice, effective from your next renewal.

You authorise us and our payment processor to charge your payment method for all fees when due.

9. Suspension and termination

We may suspend or terminate your access, in whole or in part, immediately and without prior notice where: you breach section 3; your use presents a security, legal, reputational or operational risk to us, our infrastructure, other customers or third parties; we are required to act by law, by a regulator, by a blocklist operator or by an upstream provider; or payment is overdue.

For other breaches we will give notice and a reasonable opportunity to cure where circumstances permit. Either party may terminate for convenience at the end of the then-current term.

On termination your right to use the Service ends immediately. You may export Customer Data for thirty days after termination, after which it will be deleted in accordance with our Privacy Policy, except where retention is required by law or for suppression purposes. Termination does not relieve you of amounts owed.

10. Intellectual property, feedback and confidentiality

The Service, including all software, interfaces, documentation, designs, trade marks and know-how, is and remains our exclusive property and that of our licensors. These Terms grant you a limited, revocable, non-exclusive, non-transferable right to use the Service, and nothing more. You must not copy, modify, reverse engineer, decompile, create derivative works from, or attempt to derive the source of the Service, except to the extent that restriction is prohibited by law.

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without obligation to you.

Each party will protect the other's confidential information with at least reasonable care and will not disclose it except to personnel and advisers who need it and are bound by comparable obligations, or as required by law.

11. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure or error free, that defects will be corrected, or that the Service will meet your requirements or produce any particular result. We make no warranty of any kind regarding deliverability, inbox placement, sender reputation, or campaign performance.

We are not responsible for the acts or omissions of mailbox providers, blocklist operators, domain registrars, upstream network providers or other third parties.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, loss of data, or the cost of substitute services, whether in contract, tort, negligence, strict liability or otherwise, and whether or not advised of the possibility.

Our aggregate liability arising out of or relating to these Terms or the Service, from all causes of action combined, will not exceed the total fees you paid to us in the twelve months immediately preceding the event giving rise to the claim.

These limitations apply notwithstanding the failure of any limited remedy. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

13. Indemnity

You will defend, indemnify and hold harmless MailRig, its officers, employees and agents from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense, including reasonable legal fees, arising out of or relating to: Customer Data; the content you send or the Recipients you send to; your breach of these Terms or of applicable law; your infringement of any third-party right; or any regulatory action, blocklisting, upstream provider action or third-party complaint caused by your use of the Service.

We will notify you of any such claim, give you control of the defence with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle any claim in a way that imposes obligation or admission on us without our written consent.

14. General

Claims. Any claim arising out of or relating to these Terms or the Service must be brought within one year after the cause of action arises, or it is permanently barred, to the extent permitted by law.

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including outages of upstream providers, network failures, acts of government, or denial of service attacks. Payment obligations are not excused.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

Notices. We may give notice by email to the address on your account or by posting in the Service. Notices to us must be sent to hello@mailrig.io.

Severability and waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will continue in full force. A failure to enforce any provision is not a waiver of it.

Entire agreement. These Terms, together with our Privacy Policy and any data processing agreement or order form, are the entire agreement between the parties and supersede all prior understandings. Any terms in your purchase order or other document are of no effect.

Survival. Any provision which by its nature should survive termination does so, including those concerning Customer Data, fees accrued, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and these general terms.

Changes. We may amend these Terms. Material changes take effect no less than thirty days after notice by email or in the Service, except where a change is required by law or addresses a security or abuse risk, in which case it may take effect immediately. Continued use after the effective date constitutes acceptance.

Relationship. The parties are independent contractors. Nothing creates a partnership, agency, joint venture or employment relationship. There are no third-party beneficiaries.

15. Contact

General and contractual notices: hello@mailrig.io. Abuse reports: abuse@mailrig.io. Privacy requests: privacy@mailrig.io.