Terms of Service

1. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and that you have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Accounts

You must create an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us immediately at support@mailharbor.xyz if you suspect any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that are inactive for an extended period, with reasonable notice where required by law.

3. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation.
• Transmit any unsolicited or unauthorised advertising or promotional material (spam).
• Attempt to gain unauthorised access to the Service, its systems, or the accounts of other users.
• Interfere with or disrupt the integrity or performance of the Service.
• Scrape, crawl, or otherwise extract data from the Service except as expressly permitted by us.
• Circumvent any technical measures we use to provide or protect the Service.
• Upload or transmit viruses or any other malicious code.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision.

4. Email Account Access

The Service requires you to connect one or more external email accounts. By connecting an account, you grant MailHarbor permission to access, read, and process your emails solely to provide the Service. We will handle your email data in accordance with our Privacy Policy.

You may disconnect a linked email account at any time through your account settings or by revoking access directly within your email provider’s security settings. Upon disconnection, we will cease fetching new emails from that account.

5. Subscriptions and Payments

Some features of the Service are available only under a paid subscription plan. Subscription fees are charged in advance on a monthly or annual basis, as selected by you. All fees are non-refundable except as expressly set out in these Terms or as required by applicable law.

We may change subscription fees at any time. We will provide you with at least 30 days’ notice before any price change takes effect. Your continued use of the Service after the price change constitutes your acceptance of the new fees.

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features until then.

6. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of MailHarbor and its licensors. Our trademarks, logos, and service marks may not be used without our prior written consent.

You retain all rights in the content of your emails. By using the Service, you grant MailHarbor a limited, non-exclusive, royalty-free licence to access and process your email content solely for the purpose of providing the Service to you.

7. Third-Party Services

The Service integrates with third-party email providers (e.g. Gmail, Microsoft Outlook) and may contain links to third-party websites. These integrations and links are provided for your convenience; we do not endorse and are not responsible for the content or practices of any third-party service. Your use of third-party services is governed by their own terms and privacy policies.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILHARBOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION; (C) ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SERVICE; OR (D) ANY ERRORS OR OMISSIONS IN ANY CONTENT.

OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) USD $100.

10. Indemnification

You agree to indemnify, defend, and hold harmless MailHarbor and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware.

Notwithstanding the above, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of our intellectual property rights.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the effective date at the top of this page and, where appropriate, notify you by email. Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms.

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Contact Us

If you have questions about these Terms, please contact us at:

MailHarbor
Email: legal@mailharbor.xyz