Introduction

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Welcome to Mailyser! We provide an AI-powered email deliverability and reputation tool designed to help you improve your email marketing performance. By using Mailyser, you agree to these Terms and Conditions. Please read them carefully.

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Acceptable Use Policy

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Prohibited Actions

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You agree not to use Mailyser for any unlawful or prohibited activities, including but not limited to:

• Sending spam or otherwise unsolicited messages in violation of applicable laws.

• Engaging in activities that are fraudulent, malicious, or intended to harass or intimidate others.

• Distributing malware, viruses, or any other harmful code.

• Sending emails that infringe on the intellectual property rights of others.

• Utilizing Mailyser for phishing, promoting illegal actions, distributing defamatory, obscene, or abusive content.

• Users must not engage in activities that could harm the platform or its users, including but not limited to distributing malicious software, engaging in phishing or fraud, or sending unsolicited commercial email (spam). Examples include attempting to compromise the security of any user's account or the platform itself, using the service to transmit illegal content, or exploiting the service for any unauthorized commercial purpose.

 

Compliance with Laws

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You are responsible for ensuring that your use of Mailyser complies with all applicable laws and regulations, including but not limited to data protection and privacy laws. This includes compliance with GDPR, CAN-SPAM Act, CASL, and ensuring that the content sent through our service adheres to high ethical and quality standards.

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Security Measures

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Users must implement robust security practices to protect their account and access to Mailyser. This includes, but is not limited to, the use of two-factor authentication where available, regular updates of passwords, and strict control over access privileges. Users should promptly notify Mailyser of any unauthorized use of their account or breach of security.

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Indemnification

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By using Mailyser, you agree to indemnify, defend, and hold harmless the platform, its officers, directors, employees, and agents against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the platform, your violation of these Terms and Conditions, or your infringement, or infringement by any third party using your account, of any intellectual property or other right of any person or entity.

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GDPR Compliance

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Mailyser is committed to complying with the General Data Protection Regulation (GDPR) and ensuring that your data is handled securely and with respect for your privacy. As a user, you are also expected to adhere to GDPR requirements in the collection, processing, and storage of personal data obtained through your email campaigns. Users must protect the personal data of email recipients in accordance with GDPR and other relevant data protection laws.

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Mailyser is committed to protecting the privacy and security of its users' data in compliance with GDPR and other relevant data protection laws. Users have the right to access, correct, delete, or restrict processing of their personal data. Requests for data access or deletion can be made directly through the user's account settings or by contacting our support team.

 

 

User Responsibilities

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• Ensure that all content sent through our network is appropriate and does not violate any laws or these Terms and Conditions.

• Maintain the security of your account and promptly report any unauthorized use.

• Obtain all necessary permissions and consents from recipients before sending emails.

• Users are required to maintain the security of their Mailyser accounts by creating strong, unique passwords and keeping login credentials confidential.

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Intellectual Property

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All content provided on Mailyser, including text, graphics, logos, and software, is the property of Mailyser or its content suppliers and protected by international copyright laws.

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Limitation of Liability

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Mailyser will not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your access to or use of our service. Mailyser does not guarantee that the service will meet your specific requirements or be available on an uninterrupted, secure, or error-free basis. We are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the service.

 

Limitations on Warranties

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Mailyser is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Mailyser or through the platform will create any warranty not expressly stated herein.

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Consequences of Violating Terms

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Violations of these Terms and Conditions may result in immediate suspension or termination of your account, removal of content, and legal action. Mailyser reserves the right to cooperate with law enforcement authorities in investigating alleged violations, including disclosing the identity of users involved.

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Use of Test Network

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Prohibited Actions Regarding Test Network

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• Restricted Use of Test Network: The test network of emails provided by Mailyser is strictly for conducting email deliverability and reputation tests. Users are prohibited from using this test network for any purposes other than the intended testing activities. This includes, but is not limited to, sending non-test emails, marketing messages, or any form of communication not directly related to the testing of email deliverability and reputation.

• Respect for Test Network Integrity: Users must not engage in any action that could potentially harm, overload, or compromise the integrity and performance of the test network. Any misuse of the test network may result in immediate suspension or termination of the user's account.

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Account Security

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Confidentiality of Login Information

• No Sharing of Login Information: Users must not share their Mailyser login information with anyone outside of their organization. Each user is responsible for maintaining the confidentiality of their account credentials. Sharing account access compromises the security of the user's account and may lead to unauthorized use, for which the account holder will be held responsible.

• Organization's Responsibility: It is the organization's responsibility to ensure that all individuals with access to Mailyser within the organization understand and comply with these terms. Any breach of account security or misuse of the service by any member of the organization will be deemed a breach by the organization itself.

 

Technology-Specific Security Measures

• Users are responsible for maintaining the security of their account and personal information. This includes using strong passwords, enabling two-factor authentication if available, and ensuring that all software used to access Mailyser is kept up to date, especially with regard to security patches.

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Liability Disclaimer for Scores

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Accuracy of Spam and Deliverability Scores

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• Disclaimer of Accuracy: Mailyser endeavors to provide accurate spam and deliverability scores based on sophisticated algorithms and data analysis. However, users acknowledge that these scores may not always be 100% accurate. Factors beyond Mailyser's control may affect the accuracy of these scores.

• Limitation of Liability: Mailyser shall not be liable for any decisions, actions taken, or losses incurred based on the spam and deliverability scores provided by the service. Users are encouraged to use their discretion and consider multiple factors when interpreting these scores. Mailyser's liability for any inaccuracies in these scores is expressly disclaimed.

 

 

Changes to Terms and Conditions

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Mailyser reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your continued use of the service after any changes indicates your acceptance of the new Terms and Conditions.

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Updates and Modifications to the Terms

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Mailyser reserves the right to update or change these Terms and Conditions at any time. Continued use of the platform after such changes will constitute acceptance of the new terms.

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Dispute Resolution and Governing Law

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Any disputes arising from or relating to the subject matter of these Terms and Conditions shall be finally settled by arbitration in London, conducted in English, in accordance with the presiding rules of arbitration. The governing law of these Terms and Conditions shall be the substantive laws of United Kingdom.

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Governing Law

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These Terms and Conditions are governed by the courts of the United Kingdom without regard to its conflict of law provisions. Disputes arising under these terms will be resolved in accordance with the jurisdiction and laws of United Kingdom.

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Dispute Resolution

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In the event of a dispute, users and Mailyser agree to seek resolution through mediation before pursuing arbitration or litigation, under the laws of the United Kingdom.

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Miscellaneous

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• Entire Agreement: These Terms, along with any referenced documents (like our Privacy Policy), constitute the entire agreement between the user and Mailyser regarding the service.

• Severability: If any provision of these Terms is deemed invalid, the remaining provisions will remain in full force and effect.

• Waiver: Failure by Mailyser to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.