Terms of Service

1. Agreement to Terms

Effective Date: January 1, 2024

By accessing or using MailsBuddy ("Service," "Platform," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and MailsBuddy concerning your access to and use of the mailsbuddy.com website and any related services.

2. Eligibility Requirements

2.1 Age Requirement

You must be at least 18 years old to use MailsBuddy. By using the Service, you represent and warrant that you are 18 years of age or older.

2.2 Business Use

MailsBuddy is intended for business use. You represent that:

• You have the legal authority to bind any entity on whose behalf you use the Service
• You will use the Service only for lawful business purposes
• You have the necessary permissions to send emails to your recipients

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3. Account Terms

3.1 Account Creation

To use MailsBuddy, you must:

• Create an account using accurate information
• Provide a valid email address
• Choose a strong, unique password
• Provide valid payment information
• Verify your email address when requested

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Ensuring no one else uses your account

3.3 Account Restrictions

• One person or legal entity may maintain only one free trial account
• Accounts may not be shared between multiple users
• You may not use the Service to compete with MailsBuddy
• Automated account creation is prohibited

4. Payment Terms & Refund Policy

4.1 Subscription Fees

• Monthly Plan: $19/month, billed monthly, renew same
• Annual Plan: $99/year (save 57%), billed annually, renew same
• Billing Cycle: Charged in advance
• Payment Method: Credit/debit card via Stripe
• Currency: USD (United States Dollars)
• Automatic Renewal: Subscriptions auto-renew unless cancelled
• Invoice Company Name: Side Hustle Mate

4.2 30-Day Money-Back Guarantee - Terms & Conditions

Refund Eligibility:

• Full Refund (100%): Available if ALL of the following conditions are met:
  • Request made within 30 days of initial payment
  • No dedicated server has been created or provisioned
  • No domain has been configured
  • No emails have been sent
  • First-time customer (not a renewal)
• Partial Refund: If a server has been created, we may offer a partial refund at our discretion, calculated as:
  • Total payment minus server provisioning costs (typically $15-20)
  • Minus IP address allocation fees
  • Minus any third-party service fees incurred
  • Minus pro-rated usage for days active

4.3 Refund Exclusions

No refunds (full or partial) will be provided for:

• Requests made after 30 days from initial payment
• Renewal payments (guarantee applies to first payment only)
• Accounts terminated for Terms of Service violations
• Accounts terminated for spam or abuse
• Service interruptions covered by our SLA
• Dissatisfaction after extensive use (>1000 emails sent)
• Changes in business requirements or circumstances
• Failure to achieve desired email delivery rates

4.4 Free Trial

We offer a 14-day free trial for new users to evaluate the Service before committing to a paid subscription. During the trial:

• Limited features may apply
• Credit card required but not charged until trial ends
• Cancel anytime during trial to avoid charges
• Automatic conversion to paid plan after trial

4.5 Billing Disputes

For billing disputes, contact us within 30 days. While refunds are not available, we will:

• Investigate billing errors
• Provide detailed invoices
• Correct any billing mistakes going forward
• Offer service credits for our errors (not cashable)

4.6 Cancellation

• Cancel anytime through your account dashboard
• Cancellation takes effect at the end of current billing period
• No partial month refunds
• Access continues until end of paid period
• Data available for export for 30 days after cancellation

5. Service Description

5.1 What We Provide

MailsBuddy provides:

• Dedicated Email Server: Individual mail server for each customer
• Server Infrastructure: Dedicated server with 4 vCPU, 8GB RAM, 160GB SSD
• IP Addresses: Dedicated IPs with automated warming
• Email Marketing Tools: Campaign creation, scheduling, and analytics
• Contact Management: List management with GDPR compliance
• Domain Services: Custom domain or free subdomain
• DNS Configuration: SPF, DKIM, DMARC setup
• Analytics: Real-time tracking and reporting
• Support: Technical support via email

5.2 Service Level

• Uptime Target: 99.5% availability
• Email Delivery: Best-effort delivery
• Support Response: Within 48 hours
• Maintenance Windows: Scheduled with 48-hour notice

5.3 Service Limitations

• No guarantee of inbox placement
• Delivery rates depend on sender reputation
• IP warming required for optimal delivery
• Subject to third-party service availability
• Email volume subject to warming restrictions initially

6. Acceptable Use Policy

6.1 General Guidelines

You agree to use MailsBuddy only for lawful purposes and in accordance with these Terms. You will:

• Comply with all applicable laws and regulations
• Respect the rights of others
• Use the Service only for legitimate business purposes
• Maintain accurate subscriber lists
• Honor unsubscribe requests immediately

6.2 Email Content Standards

All emails sent through MailsBuddy must:

• Be sent only to recipients who have opted in
• Include accurate sender information
• Contain a clear unsubscribe mechanism
• Include your physical mailing address
• Have honest subject lines
• Clearly identify advertisements

6.3 Sending Limits

• IP Warming Period: Limited sending for first 30 days
• Daily Limits: Based on warmup schedule
• Bounce Rate: Must maintain below 5%
• Complaint Rate: Must maintain below 0.1%
• List Quality: Regular cleaning required

7. Prohibited Uses

7.1 Strictly Prohibited Activities

• Spam: Sending unsolicited bulk email
• Phishing: Attempting to obtain sensitive information
• Malware: Distributing viruses, trojans, or malicious code
• Illegal Content: Any content that violates laws
• Harassment: Threatening, abusive, or harassing content
• Impersonation: Misrepresenting identity or affiliation
• Purchased Lists: Using bought, rented, or scraped email lists
• Deceptive Practices: Misleading subject lines or content

7.2 Prohibited Content Types

• Adult content or pornography
• Illegal drugs or substances
• Weapons or explosives
• Pyramid schemes or MLM recruitment
• Get-rich-quick schemes
• Gambling (where prohibited)
• Cryptocurrency scams
• Counterfeit goods
• Hate speech or discrimination
• Copyright infringing material

7.3 Technical Violations

• Attempting to bypass Service limitations
• Reverse engineering the Service
• Using automated tools to abuse the Service
• Sharing account credentials
• Attempting unauthorized access
• Interfering with Service operations
• Excessive API usage

8. Email Marketing Compliance

8.1 Legal Compliance Required

You must comply with all applicable email marketing laws, including but not limited to:

• CAN-SPAM Act (USA): Commercial email regulations
• GDPR (EU): Data protection and privacy
• CASL (Canada): Anti-spam legislation
• CCPA (California): Consumer privacy rights
• Local Laws: Any applicable regional regulations

8.2 Consent Requirements

You must:

• Obtain explicit consent before adding contacts
• Maintain records of consent
• Use double opt-in when required
• Never add contacts without permission
• Remove contacts who request it

8.3 List Management

• Regular list cleaning required
• Remove hard bounces immediately
• Suppress complainers permanently
• Update invalid addresses
• Segment inactive subscribers

8.4 Monitoring and Enforcement

We monitor accounts for compliance and may:

• Review campaign content
• Monitor bounce and complaint rates
• Investigate abuse reports
• Suspend accounts pending investigation
• Terminate accounts for violations
• Report illegal activities to authorities

9. Intellectual Property Rights

9.1 MailsBuddy Property

The Service and its original content, features, and functionality are owned by MailsBuddy and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Your Content

You retain all rights to content you upload to MailsBuddy. By uploading content, you grant us a license to:

• Store and backup your content
• Send emails on your behalf
• Display content in your account
• Process content for Service functionality

9.3 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation to you.

9.4 Third-Party Content

You are responsible for ensuring you have rights to use any third-party content in your emails, including:

• Images and graphics
• Text and articles
• Logos and trademarks
• Music or videos

10. Data Ownership and Portability

10.1 Your Data

You own all data you upload to MailsBuddy, including:

• Contact lists and subscriber information
• Email content and templates
• Campaign data and analytics
• Account settings and configurations

10.2 Data Export

You can export your data at any time through:

• Account dashboard export tools
• API access (where available)
• Support request for bulk export

10.3 Data Retention After Termination

• Data available for 30 days after account closure
• After 30 days, all data is permanently deleted
• Backups may persist for up to 90 days
• Legal holds may extend retention

10.4 Aggregate Data

We may use anonymized, aggregate data for:

• Service improvements
• Statistical analysis
• Industry benchmarking
• Marketing materials

11. Disclaimers and Warranties

11.1 Service Provided "As Is"

THE SERVICE 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:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• UNINTERRUPTED OR ERROR-FREE SERVICE

11.2 No Guarantee of Results

We do not guarantee:

• Email delivery to inbox
• Specific open or click rates
• Campaign success or ROI
• Freedom from blacklisting
• Compatibility with all email clients

11.3 Third-Party Services

We are not responsible for:

• Third-party service outages (infrastructure providers, Stripe, etc.)
• Internet connectivity issues
• Email client rendering problems
• Spam filter decisions
• ISP blocking or filtering

12. Limitation of Liability

12.1 No Liability For

IN NO EVENT SHALL MAILSBUDDY BE LIABLE FOR:

• INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• LOST PROFITS OR REVENUE
• LOSS OF DATA OR BUSINESS
• BUSINESS INTERRUPTION
• REPUTATIONAL DAMAGE
• FAILURE TO REALIZE EXPECTED SAVINGS

12.2 Exceptions

These limitations may not apply in jurisdictions that do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages.

12.3 Your Responsibilities

You are solely responsible for:

• Content of your emails
• Compliance with laws
• List quality and consent
• Accuracy of recipient data
• Consequences of your campaigns

13. Indemnification

You agree to indemnify, defend, and hold harmless MailsBuddy, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights
• Content you send through the Service
• Claims by your email recipients
• Your negligence or willful misconduct
• Breach of your representations or warranties

13.1 Defense and Settlement

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense. You agree to cooperate with our defense of such claims.

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Canceling through the account dashboard
• Contacting customer support
• Sending written notice

Remember: No refunds are provided for any unused portion of your subscription.

14.2 Termination by MailsBuddy

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Violation of Acceptable Use Policy
• Non-payment of fees
• Fraudulent or illegal activity
• Excessive complaints or bounces
• Request by law enforcement
• Extended period of inactivity
• Our discontinuation of the Service

14.3 Effect of Termination

Upon termination:

• Access to Service ceases immediately
• No refunds will be provided
• Data available for export for 30 days
• After 30 days, all data is deleted
• Obligations and liabilities survive termination
• Dedicated server is decommissioned

14.4 Survival

The following sections survive termination:

• Payment obligations
• Intellectual property rights
• Disclaimers and limitations
• Indemnification
• Governing law and disputes

15. Changes to Terms

15.1 Right to Modify

We reserve the right to modify these Terms at any time. Changes become effective upon posting to the website.

15.2 Notification

We will notify you of material changes by:

• Email to your registered address
• Notice on the Service dashboard
• Update to the "Effective Date"

15.3 Acceptance of Changes

Continued use of the Service after changes constitutes acceptance. If you disagree with changes, you must stop using the Service and close your account (no refunds apply).

15.4 Archive

Previous versions of Terms are available upon request for your records.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by the laws of CA, USA, without regard to conflict of law provisions.

16.2 Jurisdiction

Any disputes shall be resolved exclusively in the courts of CA, USA and you consent to personal jurisdiction in these courts.

16.3 Dispute Resolution

Before filing a lawsuit, you agree to try to resolve disputes through:

• Direct negotiation (30 days)
• Mediation if negotiation fails
• Binding arbitration as last resort

16.4 Class Action Waiver

You waive any right to bring claims as a plaintiff or class member in any purported class action or representative proceeding.

16.5 Time Limitation

Any claim must be brought within one year after the cause of action arises, or be forever barred.

17. Contact Information

Mailing Address

MailsBuddy Legal Department
MailsBuddy (Side Hustle Mate LLC), 3400 Cottage Way, Sacramento, CA 95825, USA

Abuse Reports

To report abuse or violations, email: abuse@mailsbuddy.com

18. Miscellaneous

18.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and MailsBuddy.

18.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force.

18.3 Waiver

Our failure to enforce any right or provision is not a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms. We may assign our rights to any successor or acquirer.

18.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control.

18.6 Interpretation

Headings are for convenience only. "Including" means "including but not limited to."