1. INTRODUCTION

These Legal Terms & Policies (“Agreement”) govern your access to and use of the Mailphant platform, including all related websites, applications, software, tools, features, and services (collectively, the “Service”).

Mailphant is an email marketing and automation software platform that enables users to create, send, automate, manage, and analyze email campaigns.

By accessing or using the Service, you agree to be legally bound by this Agreement. If you do not agree, you must discontinue use of the Service immediately.

2. ELIGIBILITY & ACCOUNT REGISTRATION

You may use the Service only if:

• You are at least 18 years old

• You have the legal authority to enter into this Agreement

• You are using the Service for lawful business or professional purposes

When creating an account, you agree to provide accurate and complete information and to keep your login credentials secure. You are solely responsible for all activities conducted through your account.

3. DESCRIPTION OF SERVICES

Mailphant provides features including but not limited to:

• Email campaign creation and scheduling

• Bulk and high-volume email sending

• Email automation workflows

• Contact and subscriber management

• Behavioral segmentation

• Analytics, reporting, and performance tracking

• SMTP configuration and delivery management

• White-label and agency features (where applicable)

Mailphant reserves the right to modify, update, or discontinue any part of the Service at any time.

4. USER RESPONSIBILITIES

You acknowledge and agree that you are solely responsible for:

• The content of emails you send

• The accuracy, legality, and ownership of your contact lists

• Ensuring valid consent from email recipients

• Compliance with applicable email marketing laws

Mailphant does not review, monitor, or approve user email content and assumes no liability for such content.

5. ACCEPTABLE USE & PROHIBITED ACTIVITIES

You agree not to use the Service for:

• Sending spam, unsolicited, or deceptive emails

• Using purchased, scraped, or rented email lists

• Phishing, fraud, malware, or harmful content

• Misrepresentation of sender identity

• Violating intellectual property or privacy rights

• Abusing system resources or infrastructure

Violation of this section may result in immediate suspension or termination of your account without notice.

6. EMAIL COMPLIANCE & CONSENT

You are solely responsible for compliance with all applicable email and data protection laws, including:

• Obtaining proper opt-in consent

• Providing accurate sender identification

• Including a functional unsubscribe mechanism

• Honoring unsubscribe requests promptly

Mailphant acts strictly as a technology service provider and does not assume responsibility for user compliance failures.

7. SUBSCRIPTIONS, BILLING & PAYMENTS

Mailphant operates on a subscription-based model.

• Subscription fees are billed in advance

• Fees are non-refundable unless explicitly stated

• Failure to complete payment may result in service suspension

Mailphant reserves the right to change pricing or plan features with reasonable notice.

8. FREE TRIALS & PLAN LIMITATIONS

Free or trial plans may include usage restrictions, feature limitations, or sending caps.
Mailphant may modify or discontinue free offerings at any time.

9. DATA OWNERSHIP & PRIVACY

You retain ownership of all data you upload to the Service.
Mailphant processes data solely to provide and improve the Service.

Mailphant does not sell user or subscriber data.

Detailed data handling practices are governed by this Agreement and applicable privacy laws.

10. DATA SECURITY

Mailphant implements reasonable technical and organizational measures to protect data, including access controls and system monitoring.
However, no system can guarantee absolute security, and use of the Service is at your own risk.

11. DATA RETENTION & DELETION

Data is retained only as long as necessary to:

• Provide the Service

• Meet legal or regulatory requirements

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

12. WHITE-LABEL & AGENCY USE

If your plan includes white-label or agency features:

• You are responsible for your clients’ actions

• You must enforce acceptable use policies

• Mailphant is not liable for misuse by your end-clients

13. INTELLECTUAL PROPERTY

All software, trademarks, designs, and platform content are the exclusive property of Mailphant.

You may not copy, resell, reverse engineer, or create derivative works from the Service without written permission.

14. TERMINATION & SUSPENSION

Mailphant may suspend or terminate your account if:

• You violate this Agreement

• You engage in illegal or abusive activity

• Payments fail or remain overdue

Upon termination, access to the Service will cease.

15. DISCLAIMER OF WARRANTIES

The Service is provided “as is” and “as available.”
Mailphant disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. LIMITATION OF LIABILITY

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

• Loss of data

• Loss of revenue or profits

• Indirect, incidental, or consequential damages

Total liability shall not exceed the amount paid by you for the Service.

17. INDEMNIFICATION

You agree to indemnify and hold Mailphant harmless from any claims, damages, or losses arising from:

• Your use of the Service

• Your email content or campaigns

• Your violation of laws or third-party rights

18. GOVERNING LAW & JURISDICTION

This Agreement shall be governed by applicable laws without regard to conflict-of-law principles.
Jurisdiction shall lie with the courts determined by Mailphant’s registered business location.

19. CHANGES TO LEGAL TERMS

Mailphant may update these Legal Terms at any time.
Continued use of the Service constitutes acceptance of the updated terms.

20. CONTACT INFORMATION

For legal or policy-related inquiries, users must contact Mailphant through official support channels.