Legal · Terms

Terms of service

Last updated June 6, 2026 Effective June 6, 2026
Draft.  These terms are being prepared for Mailement's public V2 launch and should be reviewed by a qualified attorney before relied upon as a binding legal agreement. The clauses below reflect typical SaaS practice but may need adjustment for your jurisdiction.
The short version: use it kindly, don't spam people, pay your bill if you have one, and we'll do our part to keep things running. The long version follows.

01The agreement

These terms ("Terms") form a binding agreement between you ("Customer," "you") and Mailement, operated by David Brundige ("Mailement," "we," "us"). By creating an account or using the service, you agree to these Terms. If you don't agree, please don't use the service.

02Acceptable use

You agree not to send unsolicited mail, malware, or anything you'd be embarrassed to print. Subscribers are people who gave you permission to email them — purchased lists, scraped addresses, and "recovered" old contacts are not.

  • No content that is illegal, deceptive, defamatory, or that targets a person's protected identity
  • No phishing, credential harvesting, or impersonation of another sender
  • No attempts to interfere with delivery, rate limits, or other customers' workloads
  • No content that violates third-party rights (copyright, trademark, publicity, privacy)
  • No use that violates applicable law, including CAN-SPAM, CASL, or GDPR's e-marketing rules

03Your content

You own what you write and the lists you import. We process both only to deliver your campaigns, show you analytics, and keep your account working. We don't train models on your content. We don't sell subscriber lists. We don't make derivative products out of your writing.

You grant Mailement a limited, non-exclusive, royalty-free license to host, process, transmit, and display your content solely to the extent required to provide the service. This license ends when you delete the content or close your account.

04Account & security

You're responsible for keeping your credentials private and for activity that happens under your account. Tell us as soon as you suspect anything weird at hello@mail.mailement.com; we'll respond within one business day.

05Billing

Paid plans are billed monthly or annually, in advance. You can change plans or cancel at any time from Settings → Billing. Refunds for partial periods are issued on request, in good faith. If a payment fails, we'll email you a few times before pausing sends. Taxes are your responsibility where applicable.

06Service availability

We aim for 99.9% uptime measured monthly and will publish incidents on a status page when one is set up. Scheduled maintenance is announced at least 48 hours in advance and runs outside US business hours where possible. The service is provided "as is" — see the warranty disclaimer below.

07Termination

You can leave at any time and take your data with you — subscribers, campaigns, and analytics export to CSV with one click. We can suspend or terminate accounts that violate acceptable use or that we have a credible reason to believe will. We'll tell you why, unless prohibited by law. Upon termination, sections that by their nature should survive (Your Content, Intellectual Property, Liability, Indemnification, Governing Law) will survive.

08Intellectual property

The Mailement name, logo, design, code, and underlying technology are owned by us. Nothing in these Terms grants you a license to those marks or assets beyond their use in your own account.

09DMCA & takedowns

If you believe content sent through Mailement infringes your copyright, send a notice including: a description of the work, the URL or message ID, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that the information is accurate, and your signature. Email it to hello@mail.mailement.com. We will respond promptly.

10Warranty disclaimer

The service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law. We don't guarantee that every message will reach every inbox — deliverability depends on factors outside our control (recipient providers, content, list quality).

11Liability

To the extent permitted by law, our total liability under these Terms is capped at the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred US dollars. We're not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or reputational harm.

12Indemnification

You agree to indemnify and hold Mailement harmless from third-party claims arising out of your content, your use of the service in violation of these Terms, or your violation of applicable law (including anti-spam, copyright, or privacy law).

13Governing law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Los Angeles County, California, and you consent to the jurisdiction of those courts.

14Severability & whole agreement

If any provision of these Terms is held invalid, the remaining provisions stay in effect. These Terms, together with our Privacy Policy, are the entire agreement between you and Mailement and supersede any prior agreements on the same subject.

15Changes

We may update these Terms when laws, features, or our practices change. Material changes are announced by email at least 30 days before they take effect, and the "Last updated" date above is always accurate. Continued use of the service after a change takes effect constitutes acceptance.

16Contact

Questions about these terms? Write to hello@mail.mailement.com. A human will reply within two business days.

Questions about these terms?
Write to hello@mail.mailement.com. A human will reply within two business days.