These Mailcamp Terms of Use (“Terms”) are entered into by and between the Mailcamp entity set forth below ("Mailcamp") and the entity or person accessing any Services ("Customer" or "you").
The purpose of these Terms is to introduce the basic terms and conditions of our services offered through our website and mobile application. Mailcamp is a service that provides clients with a means to collect email addresses and to create, send and track email promotions (“Service”) and other services pursuant to any order confirmations, ordering documents or online registration ("Order Form").
For the purposes of these Terms, "Mailcamp" refers to:
PT. Oxobyte Teknologi Indonesia, a registered company at Bogor, Indonesia.
Mailcamp provides email marketing and automation software as a service. We process Personal Data as a Processor on behalf of the Customer.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR ACCESSING OR USING ANY MAILCAMP SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED OR REFERENCED TO IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
1. Acceptance of Terms
1.1. To use our Service you must:
be at least sixteen years old,
provide accurate contact and billing information,
agree with these Terms, Anti-Spam Policy and DPA, which form part of these Terms.
1.2. By signing up, using the site or mobile app, you accept these terms and conditions and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.
2. General rules
2.1. You must follow these rules:
2.1.1. You are not allowed to send unsolicited email "spam". Please read our Anti-Spam Policy for more information;
2.1.2. Your email lists must be permission-based subscriptions;
2.1.3. Your use of our Service have to comply with all applicable laws and regulations;
2.1.4. You are not allowed to use our tracking/campaign preview links when sending emails with other services than ours;
2.1.5. If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to "you" or "Customer" reference your company;
2.1.6. You are not allowed to use offensive and abusive communication;
2.1.7. You are not allowed to impersonate another person or entity or falsely state or otherwise misrepresent an affiliation with a third party, or otherwise mislead us or other third-party as to your identity.
2.2. If you violate any of these rules, we may suspend or terminate your account.
3. Payment terms
3.1. Mailcamp Customers are responsible for ensuring their provided payment method is valid, accurate and has sufficient funds. Payment is not made until provision of Service. The payment period is one month when you order a monthly plan or one year when the annual plan is ordered. Payment methods are as follows:
For new Mailcamp (if you signed up from April 2022): payment for both monthly and annual plans can be settled by credit card, Paypal or Lemon Squeezy. We do not accept cash, payment checks or any other payment methods.
3.2. Mailcamp monthly and annual plans renew automatically, unless you choose to cancel. You can cancel any time on the Plan and Billing page within your Account Settings. If you exceed your subscriber quota or monthly email limits, you will be automatically upgraded and charged for the corresponding tier.
3.3. There is an option to switch between monthly and annual plans. If you have a monthly plan, you can switch to an annual plan at any time. If you want to switch from an annual plan to a monthly plan, you can only switch to the same or a higher monthly plan. You cannot switch plans if your current plan is expired, or if it expires in less than 2 days. You also cannot switch plans if you have already done so within the last 2 days.
3.4. Paid clients can secure the current pricing for the upcoming year by signing up for an annual plan. This option is exclusively available for Mailcamp paid plans and does not extend to the free plan.
3.5. Mailcamp reserves the right and has full discretion to revise fees and pricing by updating the price list on the Mailcamp pricing page at https://mailcamp.io/#pricing-area, which might involve modifications to subscription fees across all available plans. Please be aware that these alterations will apply to both existing and future subscriptions. You will receive notifications regarding any changes through email and our website, at least 14 calendar days before the price adjustment. Your continued use of Services will be deemed as acceptance of the updated fees and pricing.
3.6 All subscription fees displayed on the Mailcamp pricing page at https://mailcamp.io/#pricing-area are exclusive of VAT and/or sales tax. VAT rates vary by country and the applicable VAT rate will be displayed at checkout and on your final invoice based on your billing country. For customers in countries where VAT does not apply, sales tax or any other applicable taxes will be added to the total purchase price during checkout. In the event of any tax related discrepancies, the final checkout price will prevail.
3.7. When a Mailcamp version 2 - 2.5 account's paid plan is not renewed, the account will be downgraded to a Free plan. The account will remain operational within the limitations of the Free plan for 30 days and will be disabled after this period. It means that after the 30 days, you will still be able to log in, access, export, and migrate your data, but you will no longer be able to add new subscribers, create content, or use any sending and publishing features. To fully restore your account's functionality, an upgrade to a paid Mailcamp plan will be required.
3.8 In the event that a payment at the end of the subscription period is unsuccessful, for example due to insufficient funds, we will automatically retry charging the provided payment method every 24 hours for up to 7 days, and notify the Customer upon every attempt. If all attempts fail, the invoice will be marked as unpaid, and the Customer’s account will be downgraded to a free plan. This applies to payments made for the Mailcamp service through PayPal and Lemon Squeezy.
4. Communications
4.1. You acknowledge and agree that Maicamp may occasionally send you communications regarding your account or the Service via email.
4.2. If you provide official letters or documents to Maicamp, Maicamp reserves the right to request that you translate them to the English language.
4.3. Communication between Mailcamp and the Customer shall be mutual, appropriate and respectful.
4.4. Maicamp provides customer support via email and live chat only to paid Customers. All Customers (Paid and Free) can access Whatsapp chat.
5. Accounts, passwords and security
5.1. You must be a registered user to access the Service. After creating a Mailcamp account, you’ll need to complete two steps to validate your account.
5.2. If you comply with our rules then we will approve your account and you’ll receive an email notification. If something looks suspicious then you might receive a disapproval email.
5.3. We keep the right at any time to perform your subscribers list review / past campaign performance prior to a full purchased limit approval to be able to analyse your deliverability results and make sure it fully complies with our Anti-Spam Policy requirements.
5.4. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.
5.5. Mailcamp reserves the right, at its sole discretion, to delete your disapproved account without notifying you.
5.6. Mailcamp reserves the right to access your account to provide support, manage settings, or test it to ensure the functionality and features of Mailcamp Services.
5.7. If your account is inactive for 2 years or more, Mailcamp reserves the right to permanently delete your account with all its data, including your list of subscribers and your content. In case Mailcamp decides to delete your account, you will be informed via email. You will then be given 30 days to export the data or reactivate your account before the account is permanently deleted.
5.8. Mailcamp utilizes the service Have I Been Pwned, with their terms of use, to proactively monitor and safeguard your email and password against potential data breaches. Should your account information be detected in any publicly disclosed datasets, we will promptly notify you and provide actionable steps to secure your account. This process involves only encrypted data checks, meaning that no third party can see or access your details and no personal data of yours is transferred to any third party. By agreeing to these terms, you grant your explicit consent to these security measures.
6. Appropriate email practices
6.1. All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely not acceptable or allowable to use a list that has been purchased, rented or in any way acquired from a third-party.
6.2. Mailcamp reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.
7. Consent
7.1. Emails are only sent to recipients who have given their consent to receive these emails according to applicable laws and regulations (e. g. General Data Protection Regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data); or according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) - (opt in) - or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met, and etc.).
7.2. Consent to receive advertisements through email has to be given separately. The recipient must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions).
7.3. The recipients must give their consent actively through a conscious act. Pre-clicked/pre-marked boxes are not allowed to be used.
7.4. The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of obtaining consent. This must also contain information as to how consent may be revoked and with whom. The option to revoke consent may not be more complicated than the obtaining of the consent. Revoked consent must be implemented after five (5) working days at the latest.
8. Email format
8.1. The contracting entity - that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. It must be complete to the extent permitted by applicable law. The ‘about us’ section shall contain the following information:
Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with, as well the appropriate registration number.
Contact information, at least a valid telephone number or an electronic contact form, as well as email address.
If there is a value added tax identification number according to section 27a of the value added tax act or a business identification number according to section 139c of the tax code, this number shall be provided. Further reaching information obligations, for example according to section 5, paragraph 1 of the Telemedia Act (Telemediengesetz–TMG) remain untouched.
Each newsletter must contain an unsubscribe link with an option to withdraw permission to send any further newsletters. In all cases, unsubscribe links must be clear and visible for all your subscribers. Cancellation must be possible for the subscriber, without having to know access data (such as their login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly.
Neither the sender nor the commercial character of the message may be obscured or concealed in the header or the subject header of the email. Obscuring or concealing is taking place when the header and subject header are composed in such a way that the recipient cannot get any or can get only misleading information about the actual identity of the sender or the commercial nature of the message before the message is opened and read.
The sender must remove email addresses from the active mailing list after three hard bounces.
The customer has to name a contact (name/phone number/e-mail address) for complaints. Response time for complaints must not exceed 24 hours on business days.
When using email addresses that the sender or his/her customers received from third parties, the sender or his/her customer is obligated to make sure before the advertisement action is taken that only recipients who have given their consent according to these criteria are emailed; a consent that not only refers to mailings sent by a third party but also by the sender himself or the sender’s customer.
The retrieval of address data for third parties (such as through co-sponsoring) should be transparent to the user. More so, address data retrieved in such a way should only be used for a mailing if: a) the companies for which the address data is generated were named individually, transparently and categorized by industry; b) users were able to easily access the list of companies; c) the number of companies or persons for whom the address data was collected is reduced in a way that excludes the forwarding of user data to an unreasonably large circle of third parties and that allows the user to easily comprehend the consequences and the extent of his consent as well to easily control the legal handling of his data.
8.2. For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.
9. Appropriate content
9.1. We only allow you to send relevant content which is requested by subscribers, and which corresponds to the CAN-SPAM Act. You cannot send:
pornography, escort;
affiliate marketing, pyramid schemes, multi-level-marketing (MLM) ;
"get rich quick";
forex, loan or quick credit services ;
gambling or betting ;
weight loss material ;
mobile unlocking services, IPTV content;
content for buying, selling or sharing followers or likes for a social media platform;
content for selling or buying email lists, or offer illegal goods and services;
counterfeit products .
9.2. You are prohibited from sending content that promotes discrimination, bullying, or actions that could pose a health risk, such as anti-vaccination material. Additionally, you shall not send false or misleading content about products, services, or other information — this includes exaggerating, hiding, or omitting details, spreading fake information, or presenting content in a confusing or unclear manner.
9.3. It is strictly forbidden to impersonate another person or entity or falsely state or otherwise misrepresent an affiliation with a third party via links in the emails, landing pages or signup forms created using our Service. Any attempt will lead to immediate account suspension or termination.
9.4. You can send newsletters using Mailcamp only if the content is created by you or you have the right to use it. You represent and warrant that you either own or have permission to use all of the material, content, data, and information, including your personal information and the personal information of others, you submit to Mailcamp in the course of using the Service.
9.5. Mailcamp uses AI-powered and, if needed, manual content checks on campaigns to ensure compliance with its Terms. This content check might cause a brief campaign sending delay. By using the Services, you agree to both automated checks and potential manual reviews.
9.6. Mailcamp reserves the right, at its sole discretion, to decide whether the content is inappropriate and cancel your account.
10. Multiple account abuse
10.1. Creating multiple free accounts with overlapping content or links is not strictly prohibited. However, it shall not be used to abuse the system. Mailcamp reserves the right, at our full discretion, to close such accounts that are deemed abusive.
11. Limitation of Liability
11.1. In no event shall Mailcamp be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website or mobile app, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or mobile app or the materials therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.
12. Termination of Service
12.1. The term of Service will continue for as long as you have a Mailcamp account or until you or we terminate it.
12.2. We reserve the right to terminate your account or limit your use of the Services at any time with or without cause. If we decide to terminate your account you will receive termination notice with further instructions.
12.3. You also have the option of canceling your account at any time without penalty.
12.4. We reserve the right to terminate our Services if your account is inactive for 2 years or more as per section 5.7. of these Terms.
12.5. In the event of your account being placed under investigation, either automatically or manually, for non-compliance with these Terms or Anti-Spam Policy, you will be notified via email accordingly. Should there be no response from you within a period of 30 days, the account will be terminated. This clause applies to both monthly and annual subscription plans. However, for yearly plans, efforts may be made to contact you about the account's status before the plan expiration.
13. AI-Powered Features
13.1. Mailcamp may provide or integrate with certain artificial intelligence-powered features (“AI-Powered Features”). Any AI-Powered Feature is considered part of the Service, and your use of it is treated as part of your overall use of Mailcamp.
13.2. You are responsible for ensuring that any content you input while using AI-Powered Features ("Inputs") complies with these Terms. The AI-generated outputs ("Outputs") may have limitations and may not always be unique, accurate, fit for purpose, or free from errors or biases, and you are solely responsible for reviewing and ensuring that they are suitable for your use. The same Outputs generated for other Customers are not considered your Content. Mailcamp works with third parties to provide AI models and process Inputs and Outputs. You grant Mailcamp a license to use your Inputs and Outputs to improve AI models, and you agree to comply with any restrictions on AI usage.
13.3 Mailcamp reserves the right to modify, suspend, or terminate AI-Powered Features without liability. Additionally, due to evolving AI laws and regulations, the availability and functionality of the AI-Powered Features and their Outputs may change over time.
13.4 You agree to use the AI-Powered Features and/or Outputs in full compliance with these Terms.
14. Refunds
14.1. We are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us, including:
We do not provide refunds if your account is suspended because of violation of our Anti-Spam Policy or these Terms. We do not refund monthly/yearly plans (incl. upgrades) if it turns out that you’re sending (or were going to send) newsletters a) without having permission from your subscribers, and/or b) with prohibited content as per section 9 of these Terms.
We do not refund any unused or partially used plans (monthly or yearly) when you did not use or partially used the Services, and/or forgot to cancel your plan, and/or if you canceled immediately after your credit card was charged for the new billing period. A refund will not be applied if you purchased a wrong monthly/yearly plan (even by mistake), and/or decided to cancel your subscription after the purchase because of functionality.
We treat all customers equally, so we don’t make exceptions to this policy.
14.2. We may, at our sole discretion, offer refunds in other situations in accordance with the requirements we post on the website or in the mobile app, which may be changed from time to time. In any case, the refund can only be made within 30 days from the last transaction date.
14.3. If you are an individual and you use Mailcamp services not for your trade, business, craft or profession purposes, you have a right to request a refund within 14 calendar days from the day of agreeing with Mailcamp’s terms. If you breach Mailcamp’s terms and your account is suspended or terminated, the refund option is not applicable.
15. Subscribers
15.1. The number of subscribers is limited, emails are unlimited for some plans. If you exceed your subscriber limit, the following rules apply:
You can add new subscribers to your account without upgrading the plan.
15.2. You may not manipulate by deleting subscribers and uploading new ones in order to send newsletters to more unique subscribers than your plan allows.
15.3. If you create new API key through your account you must ensure that the subscribers are collected in accordance with the industry best practice and requirements set out in these Terms and Anti-Spam Policy. You are responsible for preventing any type of abuse when collecting new subscribers through your own generated API key.
16. Quota
16.1. The number of email credits, lists, subscribers, maximum subscribers per list, maximum segments per list, and maximum campaigns is limited in the Free plan. For the Paid plans, each feature has limited or unlimited quotas. Here are the details:
Free: Email sending credits per month: 3,000; maximum lists: 10; maximum subscribers: 1,000; maximum subscribers per list: 300; maximum segments per list: 5; maximum campaigns: 10.
Standard: Email sending credits per month: unlimited; maximum lists: 15; maximum subscribers: 15,000; maximum subscribers per list: 1,000; maximum segments per list: 10; maximum campaigns: 15; maximum automations: 50.
Premium: Email sending credits per month: unlimited; maximum lists: 25; maximum subscribers: 25,000; maximum subscribers per list: 1,000; maximum segments per list: 10; maximum campaigns: 30; maximum automations: 50.
Credit usage can be viewed on the user dashboard for all plan types.
17. Account Disputes
17.1. In the event of internal disputes involving Mailcamp accounts, you shall resolve the matter directly with the other party. You shall not request access to or information about an account that you do not have access to.
17.2. In exceptional disputes regarding account ownership where Mailcamp is able to determine the legitimate account holder, Mailcamp has the right to make a judgment on ownership based on the information available to us, whether or not an independent investigation is carried out. If Mailcamp is unable to reach a clear decision, we may opt to take no action or temporarily suspend the account until the parties involved reach a resolution, without Mailcamp being held responsible for the outcome.
17.3. To help resolve disputes, Mailcamp may ask for appropriate documentation (such as a court ruling, government-issued identification, or other valid documents). Mailcamp will not revisit ongoing disputes unless new substantial evidence is provided, or there is reason to believe that our previous actions were incorrect.
18. Conditions
18.1. We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Use.
18.2. Mailcamp reserves the right to introduce new versions of Mailcamp platform and, accordingly, may restrict access to older versions or reduce the number of available plans. In the event of such modifications, you will be informed in advance via email and may be required to migrate to the new version. Accounts that are not migrated to the new version by the set deadline may be deactivated. It is your responsibility to stay informed about new versions and associated changes to ensure uninterrupted access to our Services.
19. Intellectual property
19.1. Mailcamp claims no intellectual property rights over the material you provide to the Service. You acknowledge that Mailcamp owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
20. Privacy
20.1. At Mailcamp, protecting your privacy and the privacy of anyone receiving your email is very important. Please read our Privacy Policy and Cookie Policy to know more about how we process and protect personal data in accordance with good industry practice.
21. Data Processing Addendum
21.1. If you share with us personal data of your clients, Data Processing Addendum is applied to you.
21.2. Data Processing Addendum is an integral part of Terms of Use.
22. Changes
22.1. Mailcamp reserves the right to change these Terms of Use at any time. If we decide to change this document, we will post changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms of Use periodically.
23. Miscellaneous provision
23.1. These Terms of Use shall be governed and construed in accordance with governing law and jurisdiction of the place of the Mailcamp entity applicable to the country of the Customer's billing address.
23.2. These Terms of Use will begin upon when you become our client and will continue unless terminated hereunder.
If you have questions, comments, or requests regarding this Term of Service, please contact our privacy support team via email at tech@mailcamp.io or the postal address listed above.
Last updated on December 26, 2024