Terms & Conditions

Welcome to MailerSpark, operated by Trackepay Fintech. These Terms & Conditions ("Terms") govern your access to and use of our email marketing platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Service. We reserve the right to update or modify these Terms at any time, and your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Account Registration

To use certain features of the Service, you must register for an account. When registering, you agree to:

• ✓Provide accurate, current, and complete information during the registration process.
• ✓Maintain and promptly update your account information to keep it accurate and complete.
• ✓Keep your password secure and confidential. You are responsible for all activity that occurs under your account.
• ✓Notify us immediately of any unauthorized use of your account or any other security breach.
• ✓Be at least 18 years of age or the age of majority in your jurisdiction to create an account.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• ×Send unsolicited bulk emails (spam) or emails that violate the CAN-SPAM Act, GDPR, or any other applicable anti-spam legislation.
• ×Upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• ×Use the Service to distribute malware, phishing emails, or any form of malicious content.
• ×Attempt to gain unauthorized access to any part of the Service, other accounts, or systems connected to the Service.
• ×Use the Service in any manner that could disable, overburden, or impair the Service or interfere with other users' use.
• ×Resell, sublicense, or redistribute access to the Service without our prior written consent.

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these acceptable use policies.

4. Intellectual Property

The Service and all its original content, features, and functionality are owned by Trackepay Fintech and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. The MailerSpark name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Trackepay Fintech.

You retain ownership of any content you upload to the Service, including email templates, contact lists, and campaign content. However, by uploading content, you grant us a limited, non-exclusive license to use, process, and store that content solely for the purpose of providing the Service to you.

5. Limitation of Liability

To the fullest extent permitted by applicable law, MailerSpark and Trackepay Fintech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• •Loss of profits, revenue, data, or business opportunities.
• •Service interruptions, delays, or failures caused by factors beyond our reasonable control.
• •Unauthorized access to or alteration of your data or transmissions.
• •Any third-party conduct or content accessed through the Service.

Our total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

6. Termination

You may terminate your account at any time by contacting our support team or through your account settings. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. We may retain and use your data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in India.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

For any questions regarding these Terms, please contact us at support@mailerspark.com.