Mailcommerce Limited — Terms of Service
Last Updated: 22 January 2026
These Terms of Service ("Terms") govern access to and use of the Services (defined below) provided by Mailcommerce Limited ("Mailcommerce", "we", "us", "our"). These Terms, together with our Acceptable Use Policy, Privacy Notice, any Data Processing Agreement ("DPA") (where applicable), and any order, plan selection, or other purchasing flow referencing these Terms (collectively, the "Agreement"), form a binding agreement between Mailcommerce and you or the legal entity you represent ("Customer", "you").
BY CREATING AN ACCOUNT, CLICKING "ACCEPT", EXECUTING AN ORDER, OR ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT: (A) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (B) YOU HAVE AUTHORITY TO BIND THE CUSTOMER; AND (C) YOU ARE USING THE SERVICES FOR BUSINESS PURPOSES AND NOT AS A CONSUMER.
If you do not agree, do not use the Services.
1. DEFINITIONS
1.1 "Acceptable Use Policy" or "AUP" means our acceptable use rules, as updated from time to time.
1.2 "AI Features" means any features or functionality that generate, analyze, recommend, or take actions using machine learning, artificial intelligence, or similar techniques.
1.3 "Authorized Users" means individuals you permit to access and use the Services under your account.
1.4 "Customer Data" means any data, information, content, prompts, files, instructions, and other materials submitted, uploaded, or transmitted by Customer or its Authorized Users to or through the Services, including Inputs and Outputs, but excluding Feedback and Derived Data.
1.5 "Derived Data" means aggregated and/or de-identified data derived from use of the Services that does not identify Customer, any third-party entity, or any natural person.
1.6 "Documentation" means any user guides, help pages, or technical documentation made available by Mailcommerce regarding the Services.
1.7 "Input" means any prompt, instruction, data, text, or other material submitted to AI Features.
1.8 "Output" means any data, text, content, recommendation, or result generated by AI Features in response to Inputs.
1.9 "Services" means Mailcommerce's cloud-based software, applications, and related services, including any AI Features, as made available by Mailcommerce.
1.10 "Term" means the duration of this Agreement as described in Section 15.
2. B2B ONLY; NO CONSUMER USE
The Services are offered and intended solely for business customers. You confirm you are not a consumer and will not use the Services for personal, household, or consumer purposes.
3. CHANGES TO THE AGREEMENT
We may update this Agreement from time to time. We will post the updated version and update the "Last Updated" date. If changes are material, we may provide notice by email or in-app. Continued use after the effective date constitutes acceptance.
4. PROVISION OF THE SERVICES
4.1 Access Grant. Subject to this Agreement, Mailcommerce grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right for its Authorized Users to access and use the Services during the Term for Customer's internal business purposes.
4.2 Restrictions. Customer will not, and will not permit any person to: (a) copy, modify, translate, or create derivative works of the Services or Documentation; (b) reverse engineer, decompile, disassemble, or attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Services, except where prohibited by law; (c) circumvent or disable security features, rate limits, access controls, or usage restrictions; (d) use the Services to develop or provide a competing product or service; (e) access the Services to scrape or harvest data beyond intended functionality; (f) transmit malware or harmful code or attempt unauthorized access; (g) use the Services in violation of the AUP or applicable law.
4.3 Availability. The Services may experience downtime and may be modified or updated. No uptime commitments or SLAs are provided unless expressly agreed in writing.
5. ACCOUNTS AND SECURITY
5.1 Account Responsibility. Customer is responsible for all use of the Services under its account, including by Authorized Users.
5.2 Credentials. Customer must keep account credentials secure and use reasonable measures to prevent unauthorized access.
5.3 Incident Notice. Customer must promptly notify Mailcommerce of any suspected unauthorized access or security incident related to its account.
6. THIRD-PARTY SERVICES
The Services may integrate with third-party platforms or services. Such services are governed by the third party's terms. Mailcommerce is not responsible for Third-Party Services or their data practices.
7. CUSTOMER DATA AND DATA PROTECTION
7.1 Ownership. Customer owns Customer Data.
7.2 Licence. Customer grants Mailcommerce a worldwide, non-exclusive licence to process Customer Data only as necessary to provide and secure the Services, comply with law, enforce this Agreement, and as described in the Privacy Notice and DPA (if applicable).
7.3 Lawful Basis. Customer represents it has all rights and lawful basis to provide Customer Data to Mailcommerce.
7.4 DPA. Where required, the DPA forms part of this Agreement and governs personal data processing.
7.5 Derived Data. Mailcommerce may create and use Derived Data for analytics, security, and service improvement.
7.6 Data Retention. After termination, Customer Data will be retained only as long as legally required and may then be deleted.
8. AI FEATURES
8.1 Limitations. Outputs may be inaccurate, incomplete, misleading, or non-unique. Customer must review Outputs before use.
8.2 Responsibility. Customer is responsible for Inputs, Outputs, and compliance with law.
8.3 Ownership. Customer owns Inputs and Outputs for its account. Mailcommerce retains all rights in underlying technology and models.
8.4 Training Policy. Current position: Mailcommerce does not use Customer Data to train general-purpose foundation models. Future possibility: Mailcommerce may introduce limited training or improvement use in the future, with prior notice and updated legal terms.
9. FEES, BILLING, AND REFUNDS
9.1 Merchant of Record. Payments for the Services are processed by Paddle.com, our authorized Merchant of Record.
9.2 Fees. Fees are as shown at purchase or in the applicable plan.
9.3 Refund Policy. All refund requests are handled in accordance with Paddle's Buyer Terms and refund policies. Customers must submit refund requests directly through Paddle's support channels. Mailcommerce does not process, approve, or deny refund requests.
9.4 Payment Failure. Access may be suspended if payment fails.
9.5 Taxes. Fees exclude applicable taxes, including VAT.
10. INTELLECTUAL PROPERTY AND FEEDBACK
10.1 Mailcommerce IP. Mailcommerce owns all rights in the Services and Documentation.
10.2 Feedback. Customer grants Mailcommerce a perpetual, royalty-free licence to use Feedback without restriction.
11. CONFIDENTIALITY
11.1 Confidential Information. Each party may receive confidential information of the other.
11.2 Protection. The receiving party will protect such information with reasonable care and use it only to perform under this Agreement.
11.3 Exceptions. Confidentiality does not apply to information that is public, independently developed, lawfully obtained, or required to be disclosed by law.
12. WARRANTIES AND DISCLAIMERS
12.1 Authority. Each party warrants it has authority to enter into this Agreement.
12.2 Customer Warranty. Customer will comply with law and the AUP and has rights to Customer Data.
12.3 Disclaimer. Services and Outputs are provided "as is" and "as available" without warranties of any kind.
13. LIMITATION OF LIABILITY
13.1 Exclusion. Mailcommerce is not liable for indirect, incidental, consequential, or special damages, or loss of profits, revenue, data, or business.
13.2 Cap. Mailcommerce's total liability shall not exceed fees paid in the six (6) months preceding the claim.
13.3 Basis of Bargain. These limits are fundamental to this Agreement.
14. INDEMNIFICATION
14.1 By Customer. Customer will indemnify Mailcommerce against claims arising from Customer Data, use of Services, or breach of law or this Agreement.
14.2 Process. Indemnifying party controls defence and settlement with reasonable cooperation.
15. TERM AND TERMINATION
15.1 Term. Agreement begins upon acceptance and continues until account closure or subscription end.
15.2 Termination by Customer. Customer may terminate by cancelling its account or subscription.
15.3 Termination for Cause. Either party may terminate for uncured material breach after 30 days' notice.
15.4 Suspension or Termination by Mailcommerce. Mailcommerce may suspend or terminate for violation, non-payment, or legal requirement.
15.5 Effect. Access ends upon termination. Sections intended to survive will survive.
16. GOVERNING LAW AND VENUE
This Agreement is governed by the laws of England and Wales. The courts of England and Wales sitting in London have exclusive jurisdiction.
17. MISCELLANEOUS
17.1 Assignment. Customer may not assign without consent. Mailcommerce may assign in corporate transactions.
17.2 Force Majeure. No liability for events beyond reasonable control.
17.3 Severability. Invalid provisions will be modified to remain enforceable.
17.4 No Waiver. Failure to enforce is not a waiver.
17.5 Entire Agreement. This Agreement supersedes prior agreements regarding the Services.
17.6 Notices. Notices to Customer may be sent by email or in-app. Notices to Mailcommerce must be sent to: Email: mailcommerceinfo@gmail.com. Registered Office: Unit A, 82 James Carter Road, Mildenhall Industrial Estate, Suffolk, United Kingdom, IP28 7DE
