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Terms of Service

Last Updated: April 13, 2025

Introduction

Welcome to Maillayer. These Terms of Service ("Terms") govern your access to and use of the Maillayer website, software, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use our Services.

Definitions

  • "Maillayer," "we," "us," and "our" refer to [Your Company Name], the company that owns and operates Maillayer.
  • "You," "your," and "user" refer to the individual or entity using our Services.
  • "Software" refers to the Maillayer email marketing platform and related code.
  • "License" refers to the purchased right to use our Software.
  • "Content" refers to all materials found within our Services, including text, images, and code.

Account Registration

To access certain features of our Services, you may need to create an account. When you create an account, you must provide accurate and complete information. You are solely responsible for:

  1. Maintaining the confidentiality of your account credentials
  2. All activities that occur under your account
  3. Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if you violate these Terms or if we determine, in our sole discretion, that your use of the account poses a security risk.

License Terms

Single Domain License

  • Permits installation and use of the Software on a single domain name
  • Includes lifetime updates to the Software
  • Is non-transferable to other domains

Unlimited Domains License

  • Permits installation and use of the Software on any number of domains owned by the license holder
  • Includes lifetime updates to the Software
  • Is non-transferable to other individuals or entities

General License Provisions

  • Each license is valid for a single installation per domain
  • Licenses are non-refundable after purchase
  • We reserve the right to verify compliance with license terms
  • You may not redistribute, resell, lease, license, sub-license, or offer the Software to any third party

Acceptable Use

You agree not to use Maillayer for any unlawful purpose or in any way that violates these Terms, including but not limited to:

  1. Sending unsolicited email (spam)
  2. Harvesting email addresses for unsolicited communication
  3. Sending emails containing illegal, defamatory, or offensive content
  4. Attempting to gain unauthorized access to any part of our Services
  5. Impersonating another person or entity
  6. Interfering with the proper functioning of the Services
  7. Engaging in any activity that violates anti-spam laws and regulations, including CAN-SPAM Act, GDPR, or similar laws

Amazon SES Integration

Maillayer integrates with Amazon Simple Email Service (SES) for email delivery. When using this integration:

  1. You must comply with the AWS Service Terms and Acceptable Use Policy
  2. You are responsible for maintaining your own Amazon SES account
  3. We are not responsible for any fees, restrictions, or limitations imposed by Amazon SES
  4. You must maintain appropriate email sending practices to preserve your Amazon SES reputation

Intellectual Property Rights

Our Intellectual Property

Maillayer and its content are protected by copyright, trademark, and other intellectual property laws. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by us or our licensors.

Your License to Use Our Services

Subject to your compliance with these Terms and payment of applicable license fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your internal business purposes.

Your Content

You retain ownership of any content you create, upload, or store using our Services. By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, and display your content solely for the purpose of providing the Services to you.

Payments and Billing

One-Time Payment Model

Maillayer operates on a one-time payment model, rather than a subscription model. Payment is required upfront to receive a license for our Software.

Payment Processing

  1. All payments are processed through Stripe, a third-party payment processor
  2. We do not store your complete credit card information on our servers
  3. Payment disputes must be initiated within 30 days of the transaction

Refund Policy

Due to the digital nature of our products:

  1. Refunds are only available within 14 days of purchase
  2. Refunds may be granted at our discretion for technical issues that cannot be resolved
  3. No refunds will be provided after you have accessed the Software repository

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY 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.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT PROVIDED THROUGH THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
  3. ANY CONTENT OBTAINED FROM THE SERVICES
  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO THE LIABILITY.

Indemnification

You agree to defend, indemnify, and hold harmless Maillayer, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

Modifications to the Service and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Your Jurisdiction].

GDPR Compliance

If you are using Maillayer to collect, process, or store personal data of EU citizens, you are responsible for ensuring that your use complies with the General Data Protection Regulation (GDPR). As a self-hosted platform, you are considered the data controller for any personal data processed through your instance of Maillayer.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services.

Contact Information

If you have any questions about these Terms, please contact us at:

Email: hello@maillayer.com

Thank you for choosing Maillayer for your email marketing needs.