Terms of Use

Last updated: 01 Dec. 2017

This statement discloses the Terms of Use of Mailmalade.com (“Mailmalade”, “we”, “our” or “us”). Mailmalade enables the users to build HTML compatible emails using their own design (“our services”). Your access to and use of our website and all the services we provide via our website are subject to our Privacy Policy and all applicable laws.

Please read these terms carefully. By using Mailmalade or signing up for an account, you’re agreeing to these terms. This is a legal agreement.

1. Subscription

All Mailmalade users are allowed to make use of the platform to create emails from an image, but a paid subscription is needed to use the full Mailmalade service. Paying the subscription fee allows you to export those emails, a certain number of them each month, depending on the contracted plan. You can change your plan (upgrading or downgrading) at any time (see "Changing Subscriptions" below). To use the Mailmalade service you must provide a current, valid, accepted credit or debit card, which you may update from time to time ("Payment Method").

Your Mailmalade membership will continue month-to-month until terminated. Unless you cancel your membership before your next billing date, you authorize us to charge your next period's membership fee to your Payment Method (see "Cancellation" below). You can find specific details regarding your Mailmalade membership by visiting the "Account" page once logged in.

2. Billing

2.1. Billing Cycle

The subscription fee for the Mailmalade service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership, depending on the subscription type (monthly / yearly).

2.2. Payment Method

You can change your Payment Method by visiting our website and clicking on the "Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. When you update your Payment Method, you authorize us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts.

2.3. Subscription Plan Change

You can change your subscription plan at any time.

If both plans have the same billing periods (either monthly or yearly), the subscription retains the same billing dates.

When upgrading, only the price difference between the plans will be charged to you for the rest of the billing period.

When downgrading, your total monthly available emails will be limited automatically and the new fee will be charged on the next billing date.

If the plans have different billing periods, you will be fully charged for the new plan automatically and the new plan will be billed at the new interval, starting on the day of the change.

2.4. Cancellation

You can cancel your Mailmalade subscription at any time. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your subscription, your account will remain active but you won't be allowed to export any new emails. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month subscription periods.

3. No Warranty

Our services are being delivered to you "as are" and we make no warranty as to their use, reliability or performance. We do not and cannot warrant the performance or results you may obtain by using our services. We make no warranties, express or implied, as to non-infringement of third party rights, title, merchantability, or fitness for any particular purpose. You assume all risk associated with the quality, performance, and use of our services including, but not limited to, the risks of email compatibility errors, loss of data or handling of data, or unavailability or interruption of operations. You are solely responsible for determining the appropriateness of using our services and assume all risks associated with their use.

4. Indemnification

You agree to indemnify and hold Mailmalade, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our services, or the infringement by you, of any intellectual property or other right of any person or entity. We will not be held accountable for the content of your emails and costs caused by building email templates and/or sending of email campaigns, such as, but not limited to use of images without holding a copyright, wrong links, email compatibility errors, false information or complaints by recipients of emails built with our services. We are in no event liable for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, or loss of 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 our services.

5. Service

You can use our services for both your personal and commercial use. According to the country in which you operate and to which you direct your messages you agree to comply with the applicable law regarding commercial email. As a general principle when using our services, you agree to comply with the CAN-SPAM Act. For further information, please visit http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. Do not use Mailmalade to create anything offensive, to promote anything illegal, or to harass anyone. You may not create emails containing pornography or other sexually explicit emails, emails offering to sell illegal substances, or any other emails that violate the CAN-SPAM Act. Do not use Mailmalade to create emails intended for “Spam”. For further information on the definition of the word "Spam", please visit http://www.spamhaus.org/definition.html.

You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.

You must complete the registration process and agree to our Privacy Policy and this Terms of Use. All contact information you submit must be true, complete, and up to date.

We do reserve the right, at our sole discretion, to refuse service or to terminate service at any time, and to change eligibility requirements at any time.

We may, at our sole discretion, offer refunds in accordance with the requirements we post on our website, which may be changed from time to time.

6. Website

The use of our website is subject to the following:

(a) The content of the pages of our website is for your general information and use only. It is subject to change without notice.

(b) Your use of any information or materials on our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website meet your specific requirements.

(c) Our website may contain material which is created by, owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

(d) Our website may also include links to other websites. These links are provided for your convenience to provide further information. They do not mean that we endorse the websites. We have no responsibility for the content of the linked websites.

(e) Our website enables our users to sync their Mailmalade account with their accounts in Campaign Monitor and MailChimp. When you have exported an email to your account in Campaign Monitor or MailChimp, our Terms of Use do not further apply. Please read carefully the applicable Terms of Use of Campaign Monitor at http://www.campaignmonitor.com/terms/ and MailChimp at http://mailchimp.com/legal/terms/.

7. Acceptance, validity and modification of these Terms of Use

By using our website or our other services, you implicitly agree to accept these Terms of Use.

From time to time, we may make changes to these Terms of Use. In order to ensure that you are familiar with our most updated terms and conditions, you should check the effective date indicated above of these Terms of Use each time you use our services. If we make any changes, we will notify you of such changes by posting the updated Terms of Use on our website. In some cases and if we consider necessary, we may also send you an email alerting you of such changes. You will be bound by any such changes to the Terms of Use when you use our services after those changes have been posted.

These Terms of Use should be read in conjunction with our Privacy Policy