These Terms of Service ("Terms") govern your use of MailerSpark, operated by MailerSpark ("we," "us," or "our"). By creating an account, you agree to these Terms.

1. Your account

You're responsible for your account credentials and for activity that happens under your account. Use a strong password. We offer two-factor authentication — turn it on. Tell us immediately if you suspect unauthorized access.

2. Acceptable use

You agree not to use MailerSpark to:

Send spam or unsolicited bulk email. (Cold outreach with proper opt-out handling is fine.)
Send email to purchased lists without proof of consent.
Send email that violates CAN-SPAM, GDPR, CASL, or any other applicable law.
Phish, scam, or impersonate anyone.
Send content that is illegal, defamatory, or obscene.
Interfere with the Service or attempt to access it without authorization.

We may suspend or terminate accounts that violate these rules. We'll try to give you notice first unless the violation is clear and serious.

3. Your content

You own your content — your contacts, your templates, your campaigns. We only access your content to provide the Service. We won't use it to train AI models, sell it to third parties, or send marketing on your behalf.

4. Billing

Paid plans are billed monthly or annually in advance via Stripe. You can cancel at any time — your plan stays active until the end of the current billing period. We don't pro-rate refunds except under our 30-day money-back guarantee (see Refunds).

5. BYO SMTP / SES

When you connect your own SMTP or Amazon SES account, you're responsible for compliance with that provider's terms of service, deliverability best practices, and any charges they bill you. MailerSpark is not responsible for what your transport provider does or charges.

6. Service availability

We work hard to keep MailerSpark fast and available, but we don't guarantee 100% uptime. For customers on the Business plan and above, we offer a service-level agreement with credits for downtime. Enterprise customers can negotiate custom SLAs.

7. Limitation of liability

To the maximum extent permitted by law, MailerSpark's total liability for any claim arising from your use of the Service is limited to the amount you paid us in the 12 months preceding the claim. We're not liable for indirect, incidental, or consequential damages.

8. Changes

We may update these Terms occasionally. If a change is material, we'll email you at least 30 days before it takes effect. Continued use after the effective date means you accept the new Terms.

9. Contact

Questions about these Terms? Email legal@mailerspark.app.