1. Introduction and Legal Agreement

These Terms and Conditions (“Terms”, “Terms of Service”, or “Agreement”) constitute a legally binding agreement between you (“User”, “Customer”, “You”, or “Your”) and Mailphant (“Mailphant”, “We”, “Us”, or “Our”), governing your access to and use of Mailphant’s Email Marketing Software, website, applications, tools, APIs, dashboards, automation systems, and related services (collectively, the “Service”).

Mailphant provides a cloud-based email marketing platform that enables users to create, manage, automate, schedule, analyze, and optimize email campaigns, workflows, and subscriber communications. By accessing, registering for, or using the Service in any manner, you confirm that you have read, understood, and agreed to be bound by these Terms.

If you do not agree with these Terms, you must not access or use the Service.

These Terms apply whether you are:

• Browsing the website,

• Creating an account,

• Using a free or paid plan,

• Sending email campaigns,

• Managing contacts or workflows,

• Integrating third-party tools,

• Or otherwise accessing any part of the Mailphant Email Marketing Software.

2. Acceptance of Terms

2.1. By clicking “Sign Up”, “Create Account”, “Subscribe”, “Upgrade”, or by otherwise accessing or using the Service, you acknowledge that you have entered into a legally binding contract with Mailphant.

2.2. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that:

• You have the authority to bind that entity to these Terms; and

• Such entity agrees to be responsible for your use of the Service.

2.3. If you do not have such authority, or if you do not agree to these Terms, you must not use the Service.

2.4. These Terms apply in addition to, and incorporate by reference:

• Our Privacy Policy

• Cookie Policy

• Acceptable Use Policy

• Data Processing Addendum (if applicable)

• Any additional policies or guidelines published by Mailphant

3. Definitions and Interpretation

For the purposes of these Terms, the following definitions apply:

3.1. “Account” means a registered Mailphant user account created to access the Service.

3.2. “Campaign” means any email, message, automation, or communication created, scheduled, or sent using the Service.

3.3. “Content” means all text, images, code, links, designs, subject lines, and other materials uploaded, created, or transmitted using the Service.

3.4. “Contact” means an email address or recipient stored, imported, or managed within the Service.

3.5. “Email Marketing Software” refers to Mailphant’s platform designed to manage bulk email communication and automation.

3.6. “Subscription” means a paid or free plan that grants access to certain features or limits.

3.7. “User Data” means any data provided by you, including Contact information, campaign metrics, and account details.

3.8. Headings are for convenience only and do not affect interpretation.

3.9. Words in the singular include the plural and vice versa.

4. Eligibility to Use the Service

4.1. To use the Service, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction;

• Be legally capable of entering into binding contracts;

• Not be prohibited from using the Service under applicable laws.

4.2. You may use the Service either:

• As an individual consumer, or

• On behalf of a business, organization, or professional entity.

4.3. If you are a consumer, you confirm that you are using the Service primarily for personal or lawful communication purposes.

4.4. If you are a business user, you confirm that you are using the Service in connection with lawful commercial email marketing activities.

4.5. Mailphant reserves the right to:

• Refuse access to the Service;

• Suspend or terminate accounts;

• Change eligibility requirements at any time without prior notice.

5. Account Registration Requirements

5.1. To access most features of the Service, you must create an Account.

5.2. During registration, you agree to provide:

• Accurate, current, and complete information;

• A valid email address;

• Any additional information reasonably required by Mailphant.

5.3. You are responsible for maintaining the accuracy of your Account information.

5.4. You must not:

• Create multiple accounts to bypass usage limits;

• Impersonate another person or entity;

• Provide false or misleading information.

5.5. Mailphant may suspend or terminate Accounts that contain false, outdated, or misleading information.

6. Account Security and Responsibility

6.1. You are solely responsible for:

• Maintaining the confidentiality of your login credentials;

• All activities that occur under your Account.

6.2. You agree to notify Mailphant immediately if you become aware of:

• Unauthorized access to your Account;

• Any security breach or misuse.

6.3. Mailphant is not liable for losses resulting from:

• Stolen passwords;

• Unauthorized access caused by your negligence;

• Failure to secure your credentials.

6.4. Mailphant reserves the right to reset, suspend, or restrict Accounts for security reasons.

7. User Representations and Warranties

By using the Service, you represent and warrant that:

7.1. You have the legal right to use the Service.

7.2. You own or have lawful permission to use all Content you upload or send.

7.3. Your use of the Service complies with all applicable laws, including:

• Email marketing regulations;

• Data protection laws;

• Anti-spam laws.

7.4. You will not use the Service for:

• Unlawful activities;

• Deceptive or fraudulent practices;

• Distribution of malicious software.

7.5. You will maintain appropriate policies, including:

• Privacy Policy;

• Cookie Policy (where applicable).

8. Compliance with Email Marketing Laws

8.1. You are solely responsible for ensuring compliance with all applicable email marketing regulations, including but not limited to:

• CAN-SPAM Act (USA)

• GDPR (EU)

• UK GDPR

• PECR

• CASL (Canada)

• Any local or international laws

8.2. You must obtain lawful consent from Contacts before sending emails.

8.3. You must clearly identify:

• The sender;

• A valid unsubscribe mechanism;

• Accurate subject lines.

8.4. Mailphant does not provide legal advice and does not guarantee compliance.

9. Contact Data and Consent Obligations

9.1. You confirm that all Contacts added to the Service:

• Were collected lawfully;

• Provided valid consent;

• Have not been purchased, rented, or scraped.

9.2. You must inform Contacts about:

• How their data is used;

• Tracking technologies used in emails;

• Your relationship with Mailphant as a processor.

9.3. You are responsible for honoring unsubscribe requests promptly.

10. Monitoring and Enforcement

10.1. Mailphant may monitor usage to:

• Prevent abuse;

• Ensure platform integrity;

• Enforce these Terms.

10.2. Monitoring does not waive your responsibilities.

10.3. Mailphant reserves the right to take enforcement action, including suspension or termination.

11. Email Marketing Compliance Obligations

11.1. Mailphant is an Email Marketing Software platform that provides technical tools only. We do not control, create, review, or approve your email content, recipient lists, or marketing strategies.

11.2. You acknowledge and agree that full legal responsibility for compliance with email marketing laws rests solely with you.

11.3. You must comply with all applicable laws and regulations, including but not limited to:

• CAN-SPAM Act (United States)

• GDPR & UK GDPR

• ePrivacy Directive / PECR

• CASL (Canada)

• IT Act & SPDI Rules (India)

• Any local or international anti-spam laws

11.4. Mailphant does not provide legal advice. Any tools or guidance provided are informational only and do not guarantee compliance.

12. Lawful Basis and Consent Requirements

12.1. You must ensure that every Contact stored or messaged through the Service has a valid lawful basis for communication.

12.2. Lawful bases may include:

• Explicit opt-in consent;

• Legitimate interest (where legally permitted);

• Contractual necessity.

12.3. You must be able to prove consent upon request.

12.4. Consent must be:

• Freely given;

• Specific;

• Informed;

• Unambiguous.

12.5. Pre-checked boxes, purchased lists, or scraped emails are strictly prohibited.

13. Double Opt-In and Best Practices

13.1. Mailphant may provide optional double opt-in features.

13.2. You acknowledge that:

• Double opt-in improves deliverability;

• It reduces complaints and spam reports;

• It strengthens legal defensibility.

13.3. You remain responsible for enabling and configuring such features.

14. Contact Rights and Subscriber Controls

14.1. You must respect all Contact rights, including:

• Right to unsubscribe;

• Right to access;

• Right to erasure;

• Right to rectification.

14.2. All unsubscribe links must:

• Be functional;

• Be clearly visible;

• Process requests promptly.

14.3. Mailphant may automatically process unsubscribe actions on your behalf.

14.4. You must not re-add unsubscribed Contacts unless legally permitted.

15. Email Content Requirements

15.1. All emails sent via Mailphant must:

• Identify the sender accurately;

• Include a valid physical or business address;

• Avoid deceptive subject lines.

15.2. You must not send:

• Misleading content;

• Phishing emails;

• Impersonation messages.

15.3. Mailphant reserves the right to suspend accounts sending harmful or deceptive campaigns.

16. Tracking, Pixels, and Analytics

16.1. Mailphant may use tracking technologies such as:

• Open-tracking pixels;

• Click-tracking links;

• Event tracking for workflows.

16.2. These features may be enabled or disabled by you.

16.3. You are solely responsible for:

• Informing Contacts of tracking;

• Obtaining required consent;

• Updating your Privacy Policy accordingly.

16.4. Mailphant shall not be liable for:

• Improper disclosure by you;

• Missing consent;

• Regulatory penalties imposed on you.

17. Cookies and Similar Technologies

17.1. Mailphant may use cookies and similar technologies for:

• Authentication;

• Performance optimization;

• Analytics.

17.2. You acknowledge that cookies may be placed on:

• Landing pages;

• Email links;

• Embedded assets.

17.3. You must disclose cookie usage where legally required.

18. Deliverability and No Guarantee Clause

18.1. Mailphant does not guarantee email delivery.

18.2. Email delivery may be affected by:

• Recipient spam filters;

• ISP blocking;

• Reputation scores;

• Content quality.

18.3. You acknowledge that:

• Emails are sent over public networks;

• Delivery failures are unavoidable.

18.4. Mailphant shall not be liable for:

• Undelivered emails;

• Spam folder placement;

• Blacklisting due to your actions.

19. Email Service Providers (ESPs)

19.1. Mailphant relies on third-party Email Delivery Service Providers.

19.2. ESPs may impose:

• Rate limits;

• Content filtering;

• Account suspensions.

19.3. Mailphant does not control ESP decisions.

19.4. ESP actions do not constitute breach by Mailphant.

20. Encryption and Sensitive Data

20.1. Email transmission is not inherently secure.

20.2. You must not send:

• Passwords;

• Financial details;

• Health information;

• Sensitive personal data.

20.3. Mailphant is not responsible for data interception risks.

21. Data Ownership

21.1. You retain ownership of your Content and Contact data.

21.2. By using the Service, you grant Mailphant a limited license to:

• Process data;

• Deliver emails;

• Provide analytics.

21.3. This license terminates upon account closure, subject to legal retention requirements.

22. Data Processing and Role Allocation

22.1. You act as Data Controller.

22.2. Mailphant acts as Data Processor.

22.3. You must ensure lawful instructions for processing.

22.4. Mailphant may rely on your representations.

23. Abuse Prevention and Monitoring

23.1. Mailphant actively monitors for:

• Spam behavior;

• Abuse complaints;

• Unusual sending patterns.

23.2. Monitoring does not imply content approval.

23.3. Abuse may result in:

• Immediate suspension;

• Account termination;

• Data deletion.

24. Reporting Abuse

24.1. You agree to cooperate with abuse investigations.

24.2. Complaints may originate from:

• Recipients;

• ISPs;

• Regulators.

24.3. Mailphant may disclose limited data for compliance purposes.

25. Suspension and Enforcement Rights

25.1. Mailphant may suspend or terminate accounts without notice if:

• Laws are violated;

• Complaints exceed thresholds;

• Platform integrity is threatened.

25.2. Suspension does not waive payment obligations.

26. Indemnification (Compliance-Related)

26.1. You agree to indemnify Mailphant against:

• Regulatory fines;

• Legal claims;

• Third-party disputes.

26.2. This includes violations of:

• Email laws;

• Data protection rules;

• Subscriber rights.

27. Audit and Verification

27.1. Mailphant may request proof of consent.

27.2. Failure to provide documentation may result in suspension.

28. Platform Integrity and Fair Use

28.1. Excessive or abusive usage may be restricted.

28.2. Rate limits may apply per plan.

29. Disclaimer on Compliance Tools

29.1. Compliance features are optional aids.

29.2. They do not replace legal obligations.

30. Survival of Compliance Obligations

30.1. Compliance duties survive termination of your Account.

31. Subscription Plans and Access Levels

31.1. Mailphant offers access to its Email Marketing Software through a combination of free plans and paid subscription plans, each with defined features, limits, and usage allowances.

31.2. Subscription availability, features, limits, and pricing may vary based on region, usage volume, or promotional offers.

31.3. Access to specific tools, automation features, analytics, integrations, or sending limits is determined solely by the plan selected.

31.4. Mailphant reserves the right to introduce new plans, modify existing plans, or discontinue plans at any time, subject to applicable notice requirements.

31.5. No plan guarantees access to any specific feature indefinitely.

32. Free Plans and Trial Access

32.1. Mailphant may provide free plans or trial access with limited functionality, usage caps, or branding requirements.

32.2. Free plans are intended for evaluation and light usage only.

32.3. Mailphant may impose limits on:

• Number of Contacts;

• Monthly email volume;

• Automation features;

• Analytics retention.

32.4. Mailphant reserves the right to modify, restrict, or terminate free plans at any time without liability.

32.5. Free services are provided strictly on an “as-is” and “as-available” basis, without warranties of any kind.

33. Paid Subscription Activation

33.1. A paid subscription begins once:

• A valid payment method is provided; and

• The initial subscription fee is successfully processed.

33.2. By subscribing, you authorize Mailphant to charge applicable fees according to the selected plan.

33.3. Subscription access remains active until cancelled, terminated, or suspended under these Terms.

34. Auto-Renewal of Subscriptions

34.1. Unless otherwise stated, subscriptions automatically renew at the end of each billing cycle.

34.2. Renewal charges are applied using the payment method on file.

34.3. You are responsible for ensuring your payment information remains valid and up to date.

34.4. Failure to cancel prior to renewal constitutes acceptance of the renewal charge.

35. Usage-Based Pricing and Limits

35.1. Subscription pricing may be based on:

• Number of Contacts stored;

• Volume of emails sent;

• Automation usage;

• Additional feature access.

35.2. Exceeding plan limits may result in:

• Temporary sending restrictions;

• Automatic upgrade prompts;

• Additional charges.

35.3. Mailphant may suspend sending if usage exceeds permitted limits without upgrade.

36. Subscription Upgrades

36.1. You may upgrade your subscription at any time through the dashboard or by contacting support.

36.2. Upgrades generally take effect immediately.

36.3. Any additional fees resulting from an upgrade may be charged immediately or prorated, as determined by Mailphant.

36.4. Future billing cycles will reflect the upgraded plan.

37. Subscription Downgrades

37.1. You may request to downgrade your subscription.

37.2. Downgrades typically take effect at the start of the next billing cycle.

37.3. No refunds or credits are provided for unused portions of higher-tier plans.

37.4. Feature access may be reduced upon downgrade.

38. Pricing Changes

38.1. Mailphant reserves the right to modify pricing, fees, or plan structures.

38.2. Reasonable notice will be provided for material pricing changes.

38.3. Continued use of the Service after pricing changes constitutes acceptance.

39. Billing Authorization and Payment Methods

39.1. You authorize Mailphant to charge your selected payment method for all applicable fees.

39.2. You represent that you are authorized to use the payment method provided.

39.3. Mailphant may store payment details in accordance with applicable security standards.

40. Failed Payments and Payment Disputes

40.1. If a payment fails, Mailphant may:

• Retry the charge;

• Suspend account access;

• Restrict sending functionality.

40.2. Continued payment failure may result in termination.

40.3. Chargebacks or payment disputes may result in immediate suspension.

40.4. You are responsible for resolving payment disputes promptly.

41. Taxes and Regulatory Charges

41.1. Subscription fees are exclusive of taxes unless otherwise stated.

41.2. You are responsible for:

• VAT;

• GST;

• Sales tax;

• Any other applicable taxes.

41.3. Mailphant may collect and remit taxes where legally required.

42. Invoices and Billing Records

42.1. Billing statements and invoices may be provided electronically.

42.2. You are responsible for reviewing billing records for accuracy.

42.3. Billing inquiries must be raised within a reasonable timeframe.

43. Refund Policy

43.1. Except where required by law, all payments are non-refundable.

43.2. Refunds are not provided for:

• Unused time;

• Downgrades;

• Account termination due to violations.

43.3. Mailphant may issue refunds at its sole discretion in exceptional cases.

44. Consumer Cancellation Rights

44.1. If you qualify as a consumer under applicable law, you may have statutory cancellation rights.

44.2. Such rights apply only where legally mandated and within defined cooling-off periods.

44.3. Business users are not entitled to consumer cancellation protections.

45. Account Suspension Due to Billing Issues

45.1. Mailphant may suspend access for:

• Non-payment;

• Expired payment methods;

• Repeated billing failures.

45.2. Suspension may include:

• Disabled sending;

• Restricted dashboard access.

45.3. Service may be restored upon successful payment, subject to administrative review.

46. Termination for Non-Payment

46.1. Continued non-payment may result in permanent account termination.

46.2. Upon termination:

• Access ceases;

• Data may be deleted;

• Outstanding balances remain payable.

47. Plan Fair Use and Abuse Prevention

47.1. Plans are subject to fair use policies.

47.2. Excessive or abusive usage may be restricted.

47.3. Fair use determinations are made solely by Mailphant.

48. Promotional Offers and Discounts

48.1. Promotional pricing may be subject to additional terms.

48.2. Promotions may be time-limited and non-transferable.

48.3. Abuse of promotions may result in cancellation.

49. No Guarantee of Cost Savings

49.1. Mailphant does not guarantee cost efficiency or ROI.

49.2. Subscription selection remains your responsibility.

50. Survival of Billing Obligations

50.1. Payment and billing obligations survive account termination where applicable.

51. Prohibited Uses of the Service

51.1. You agree that the Mailphant Email Marketing Software shall be used only for lawful, ethical, and permission-based email communication.

51.2. You must not use the Service in any manner that violates applicable laws, regulations, or industry standards related to email marketing, advertising, consumer protection, or data privacy.

51.3. You are expressly prohibited from using the Service to engage in activities that may cause legal, financial, reputational, or technical harm to Mailphant, its infrastructure, its partners, or other users.

51.4. Any use of the Service that Mailphant reasonably determines to be abusive, deceptive, exploitative, or harmful may result in immediate enforcement action.

52. Spam and Unsolicited Messaging

52.1. Mailphant enforces a strict zero-tolerance policy toward spam.

52.2. “Spam” includes, without limitation, unsolicited bulk emails, messages sent without valid consent, or communications sent in violation of anti-spam laws.

52.3. You must not send emails to Contacts who have not explicitly opted in or for whom you do not have a lawful basis to communicate.

52.4. Purchased, rented, scraped, harvested, or third-party email lists are strictly prohibited.

52.5. Mailphant may rely on external spam monitoring systems, blacklist databases, and complaint feedback loops to identify spam behavior.

52.6. Any spam complaint associated with your Account may result in immediate suspension or termination.

53. Abuse, Fraud, and Deceptive Practices

53.1. You must not use the Service to engage in fraudulent, misleading, or deceptive practices.

53.2. Prohibited activities include, but are not limited to:

• Phishing attempts;

• Impersonation of brands, individuals, or institutions;

• False or misleading subject lines;

• Fake sender identities.

53.3. You must not misrepresent the purpose, origin, or intent of your email communications.

53.4. Mailphant reserves the right to terminate Accounts involved in deceptive conduct without prior notice.

54. Malware, Harmful Content, and Security Risks

54.1. You must not distribute malware, spyware, ransomware, or any malicious code using the Service.

54.2. You must not include links or attachments that could compromise recipient security.

54.3. Any activity that introduces security risks to recipients, Mailphant systems, or third-party infrastructure is strictly prohibited.

54.4. Mailphant may immediately suspend Accounts suspected of security threats.

55. Intellectual Property and Rights Violations

55.1. You must not send Content that infringes copyrights, trademarks, trade secrets, or other intellectual property rights.

55.2. You represent that you own or have permission to use all Content sent through the Service.

55.3. Mailphant may remove infringing Content or suspend Accounts upon receipt of valid infringement notices.

56. Harassment, Offensive, and Illegal Content

56.1. You must not send Content that is harassing, abusive, defamatory, hateful, or discriminatory.

56.2. Content promoting violence, illegal activities, or exploitation is prohibited.

56.3. Mailphant reserves the right to evaluate Content against community and industry standards.

56.4. Accounts distributing prohibited content may be permanently terminated.

57. System Misuse and Technical Abuse

57.1. You must not attempt to interfere with the operation, security, or performance of the Service.

57.2. Prohibited actions include:

• Attempting to bypass rate limits;

• Overloading servers;

• Reverse engineering or scraping the platform.

57.3. API misuse or excessive automation that degrades platform performance is prohibited.

57.4. Mailphant may restrict or revoke access to protect platform stability.

58. Blacklisting and Reputation Protection

58.1. You acknowledge that sender reputation is critical to the functioning of an Email Marketing Software.

58.2. Actions taken by you that result in IP blacklisting, domain blocking, or ESP restrictions may cause harm to Mailphant and other users.

58.3. Mailphant may immediately suspend Accounts responsible for blacklisting incidents.

58.4. You may be held responsible for damages arising from reputation harm caused by your actions.

59. Monitoring and Investigation Rights

59.1. Mailphant reserves the right to monitor Account activity to detect spam, abuse, or violations of these Terms.

59.2. Monitoring may include analysis of sending patterns, complaint rates, bounce rates, and system behavior.

59.3. Monitoring does not constitute approval of your Content or activities.

59.4. You agree to cooperate fully with investigations initiated by Mailphant.

60. Enforcement Actions

60.1. In the event of suspected violations, Mailphant may take enforcement actions including:

• Temporary suspension;

• Permanent termination;

• Content removal;

• Feature restrictions.

60.2. Enforcement actions may be taken without prior notice where immediate risk exists.

60.3. Mailphant’s determination of violations is final.

61. Suspension of Accounts

61.1. Suspension may occur for:

• Spam complaints;

• Abuse reports;

• Legal or regulatory risk;

• Technical or security concerns.

61.2. During suspension:

• Sending may be disabled;

• Access may be restricted;

• Data may be temporarily inaccessible.

61.3. Suspension does not relieve you of payment obligations.

62. Termination of Accounts

62.1. Mailphant may terminate your Account for material breaches of these Terms.

62.2. Termination may occur immediately and without warning.

62.3. Upon termination:

• Access to the Service ends;

• Content and data may be deleted;

• No refunds will be issued for unused subscription time.

63. No Refunds for Abuse or Violations

63.1. Accounts terminated due to spam, abuse, fraud, or violations are not eligible for refunds.

63.2. Chargebacks initiated after termination may result in additional enforcement actions.

63.3. Mailphant reserves the right to contest chargebacks.

64. Reinstatement and Review Requests

64.1. Reinstatement following suspension or termination is not guaranteed.

64.2. Mailphant may require:

• Proof of consent;

• Written explanations;

• Compliance remediation steps.

64.3. A reinstatement fee may be charged at Mailphant’s discretion.

65. Disclosure to Authorities and Third Parties

65.1. Mailphant may disclose Account information when required by law, court order, or regulatory request.

65.2. Disclosure may also occur to protect Mailphant, its users, or the public from harm.

65.3. Such disclosures do not constitute a breach of these Terms.

66. Survival of Enforcement Provisions

66.1. Provisions relating to prohibited use, abuse, indemnification, liability, and enforcement survive termination.

67. Intellectual Property Rights – Mailphant Platform

67.1. All rights, title, and interest in and to the Mailphant Email Marketing Software, including but not limited to its source code, object code, architecture, user interface, workflows, automation logic, dashboards, templates, designs, documentation, and related materials, are and shall remain the exclusive property of Mailphant or its licensors.

67.2. Nothing in these Terms grants you any ownership rights in the Service. You are granted only a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms.

67.3. You must not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or attempt to extract the source code or underlying ideas of the Service, except to the extent expressly permitted by law.

67.4. Any unauthorized use of Mailphant intellectual property may result in immediate termination of your Account and legal action.

68. Trademarks and Branding

68.1. “Mailphant”, the Mailphant logo, product names, and all related branding elements are trademarks or service marks of Mailphant.

68.2. You may not use Mailphant trademarks, logos, or brand assets without prior written permission.

68.3. Use of Mailphant branding in a misleading, defamatory, or unauthorized manner is strictly prohibited.

68.4. Free or trial plans may require inclusion of Mailphant branding within emails, subject to plan terms.

69. Ownership of User Content

69.1. You retain ownership of all Content that you upload, create, or send using the Service.

69.2. You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to use such Content.

69.3. You are solely responsible for the legality, accuracy, and appropriateness of your Content.

69.4. Mailphant does not claim ownership of your Content and does not review Content for legality prior to sending.

70. License Granted to Mailphant

70.1. By using the Service, you grant Mailphant a limited, worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your Content solely for the purpose of providing and improving the Service.

70.2. This license includes the right to process Content through third-party Email Service Providers and infrastructure partners strictly as required for email delivery and analytics.

70.3. The license terminates upon deletion of your Account, subject to any legal or regulatory retention requirements.

71. Anonymized and Aggregated Data Use

71.1. Mailphant may collect and use anonymized and aggregated data derived from your use of the Service.

71.2. Such data does not identify you or your Contacts and may be used for:

• Platform optimization;

• Deliverability improvements;

• Analytics benchmarking;

• Security and abuse prevention.

71.3. Aggregated data may also be used for internal research and service development.

72. Analytics, Metrics, and Reporting

72.1. Mailphant provides analytics tools, including delivery status, opens, clicks, bounces, and automation metrics.

72.2. Analytics data is provided for informational purposes only.

72.3. Mailphant does not guarantee the accuracy or completeness of analytics due to factors beyond its control.

72.4. You acknowledge that tracking metrics may be affected by:

• Email client behavior;

• Image blocking;

• Privacy protections;

• Network filtering.

73. AI, Automation, and Intelligent Features

73.1. Mailphant may offer automation, workflow logic, or AI-assisted features as part of the Email Marketing Software.

73.2. Such features are designed to assist, not replace, your judgment or compliance obligations.

73.3. AI-generated outputs are provided “as-is” and may require human review.

73.4. Mailphant does not guarantee accuracy, legality, or suitability of AI-assisted recommendations.

74. Use of Data for Automation and Optimization

74.1. You authorize Mailphant to process usage data to enable automation workflows, trigger-based campaigns, and performance optimization.

74.2. You remain responsible for configuring automation rules appropriately.

74.3. Automation misconfiguration or unintended sends remain your responsibility.

75. API Access and Developer Use

75.1. Mailphant may provide APIs for programmatic access to the Service.

75.2. API access is subject to additional limits, documentation, and policies.

75.3. You must not use APIs to:

• Exceed usage limits;

• Circumvent safeguards;

• Abuse the platform.

75.4. Mailphant may modify or revoke API access at any time.

76. Third-Party Integrations

76.1. The Service may integrate with third-party tools, applications, or platforms.

76.2. Such integrations are optional and provided for convenience.

76.3. Mailphant does not control third-party services and is not responsible for their availability, security, or data practices.

76.4. Your use of third-party integrations is governed by their respective terms and policies.

77. Data Shared with Integrations

77.1. When enabling integrations, you authorize Mailphant to share necessary data with the selected third party.

77.2. You are responsible for evaluating the risks and compliance obligations of such data sharing.

77.3. Mailphant is not liable for misuse of data by third-party services.

78. Confidential Information

78.1. Each party may receive confidential or proprietary information of the other.

78.2. Confidential information must be protected using reasonable care.

78.3. Confidential information must not be disclosed except as permitted by law or these Terms.

78.4. Confidentiality obligations survive termination of the Agreement.

79. Feedback and Suggestions

79.1. You may provide feedback, suggestions, or ideas regarding the Service.

79.2. You grant Mailphant a perpetual, irrevocable, royalty-free license to use such feedback without restriction or compensation.

79.3. Feedback is considered non-confidential.

80. Security Measures and Limitations

80.1. Mailphant implements commercially reasonable security measures to protect the Service.

80.2. No system is completely secure, and absolute security cannot be guaranteed.

80.3. You acknowledge and accept inherent security risks associated with internet-based services.

81. Data Retention and Deletion

81.1. Data retention periods may vary based on account status, plan, or legal requirements.

81.2. Upon account termination, data may be permanently deleted after a reasonable period.

81.3. You are responsible for exporting data prior to termination.

82. Survival of Intellectual Property Provisions

82.1. Provisions relating to intellectual property, data usage, confidentiality, and licensing survive termination of these Terms.

83. Service Disclaimer

83.1. The Mailphant Email Marketing Software is provided on an “as-is” and “as-available” basis.

83.2. Mailphant makes no warranties, express or implied, regarding the reliability, accuracy, availability, or suitability of the Service for any particular purpose.

83.3. Mailphant does not warrant that:

• The Service will be uninterrupted;

• Errors will be corrected;

• Emails will be delivered or opened;

• Results or outcomes will meet your expectations.

83.4. Your use of the Service is at your sole risk.

84. No Professional or Legal Advice

84.1. Mailphant does not provide legal, compliance, marketing, or professional advice.

84.2. Any information, tools, or features provided by the Service are for general informational purposes only.

84.3. You are solely responsible for obtaining independent legal advice regarding email marketing compliance and data protection laws.

85. Disclaimer of Warranties

85.1. To the fullest extent permitted by law, Mailphant disclaims all warranties, including:

• Implied warranties of merchantability;

• Fitness for a particular purpose;

• Non-infringement.

85.2. Mailphant does not guarantee error-free operation or security against unauthorized access.

86. Limitation of Liability

86.1. To the maximum extent permitted by law, Mailphant shall not be liable for:

• Loss of profits;

• Loss of revenue;

• Loss of business;

• Loss of data;

• Loss of goodwill;

• Indirect, incidental, special, or consequential damages.

86.2. This limitation applies regardless of the legal theory under which damages are sought.

86.3. Mailphant’s total cumulative liability shall not exceed the total subscription fees paid by you to Mailphant in the twelve (12) months preceding the event giving rise to the claim.

87. User Acknowledgment of Risk

87.1. You acknowledge that email marketing involves inherent risks, including filtering, blocking, and data interception.

87.2. You accept all risks associated with:

• Internet communications;

• Third-party infrastructure;

• Recipient behavior.

88. Indemnification

88.1. You agree to defend, indemnify, and hold harmless Mailphant, its officers, directors, employees, contractors, and partners from and against any claims, damages, losses, liabilities, costs, and expenses arising from:

• Your use of the Service;

• Your Content or campaigns;

• Violations of these Terms;

• Breaches of applicable law.

88.2. This obligation includes reasonable legal fees and regulatory penalties.

89. Third-Party Claims

89.1. Any dispute between you and a third party arising from your use of the Service is solely between you and that third party.

89.2. Mailphant shall not be responsible for resolving such disputes.

90. Force Majeure

90.1. Mailphant shall not be liable for failure or delay in performance caused by events beyond its reasonable control.

90.2. Such events include, but are not limited to:

• Natural disasters;

• Acts of government;

• War or terrorism;

• Internet outages;

• Cyberattacks;

• Failures of third-party service providers.

91. Suspension of Obligations

91.1. Performance obligations may be suspended during a force majeure event.

91.2. Mailphant will resume performance when reasonably possible.

92. Governing Law

92.1. These Terms shall be governed by and construed in accordance with the laws applicable to Mailphant’s principal place of business, without regard to conflict-of-law principles.

92.2. Mandatory consumer protection laws may apply depending on your jurisdiction.

93. Jurisdiction and Venue

93.1. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts as determined by applicable law.

93.2. You consent to such jurisdiction and venue.

94. Waiver

94.1. Failure by Mailphant to enforce any provision of these Terms shall not constitute a waiver of that provision.

94.2. Any waiver must be in writing to be effective.

95. Severability

95.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

95.2. Invalid provisions shall be modified to reflect the original intent as closely as possible.

96. Assignment

96.1. You may not assign or transfer these Terms without prior written consent from Mailphant.

96.2. Mailphant may assign or transfer these Terms without restriction.

97. No Partnership or Agency

97.1. Nothing in these Terms creates any partnership, joint venture, or agency relationship between you and Mailphant.

97.2. Neither party has authority to bind the other.

98. Survival

98.1. Provisions relating to:

• Intellectual property;

• Indemnification;

• Liability;

• Compliance;

• Governing law
  shall survive termination of these Terms.

99. Entire Agreement

99.1. These Terms, together with all incorporated policies, constitute the entire agreement between you and Mailphant.

99.2. They supersede all prior agreements, representations, or understandings.

100. Amendments

100.1. Mailphant may amend these Terms from time to time.

100.2. Updated Terms will be posted on the Website.

100.3. Continued use of the Service constitutes acceptance of amended Terms.

101. Notices

101.1. Notices may be provided via:

• Email;

• Dashboard notifications;

• Website postings.

101.2. You are responsible for monitoring such communications.

102. Contact Information

For questions regarding these Terms & Conditions:

Email: mailphant.team@gmail.com
Website: https://mailphant.com