Effective Date: 1 Octboer 2023 These Terms and Conditions (“Terms”) govern your use of the Mailertizer website and services (“Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, please refrain from using the Services.

1. Definitions: a. “Mailertizer” refers to our company, the provider of the Services. b. “You” or “Customer” refers to the individual or entity using the Services. c. “Instance” refers to the private installation of Mautic provided to you by Mailertizer.

2. Description of Services: Mailertizer provides customers with dedicated Mautic instances for marketing automation. Customers are provided with login credentials to their private instance and are responsible for uploading and managing their own data. The Services may include software updates, technical support, and optional third-party integrations.

3. Customer Responsibilities: a. You are responsible for the legality, accuracy, and content of the data you upload to your instance. b. You are responsible for ensuring compliance with all applicable laws and regulations, including but not limited to data protection laws (e.g., GDPR, CCPA) and marketing communication laws. c. You must ensure that the content of your campaigns and communications does not violate any laws or infringe upon the rights of third parties. d. You agree not to use the Services for unlawful, harmful, or abusive purposes.

4. Payment and Fees: a. Customers agree to pay all fees associated with their chosen plan as outlined on the Mailertizer website. b. Payments are due in advance on a recurring basis unless otherwise specified. c. Failure to pay may result in suspension or termination of your Services. d. Mailertizer reserves the right to change pricing or billing terms with 30 days’ notice.

5. Ownership and Intellectual Property: a. Mailertizer retains ownership of all software, tools, and materials provided as part of the Services. b. Customers retain ownership of their uploaded data and campaign content. c. You may not copy, modify, distribute, or reverse engineer any part of the Mailertizer platform without explicit permission.

6. Privacy and Data Protection: a. Your data is hosted on a private instance managed by Mailertizer. We do not access or process your data unless explicitly requested by you for support or maintenance purposes. b. Mailertizer is not responsible for the data you upload or for ensuring its compliance with applicable laws. c. You are responsible for securing the data within your instance, including setting strong passwords and restricting access to authorized personnel only.

7. Support and Maintenance: a. Mailertizer provides technical support for your instance as outlined in your plan. b. Maintenance and updates to the Mautic software may occur periodically to ensure security and functionality. c. Mailertizer is not responsible for third-party integrations or modifications made by the Customer that disrupt the Services.

8. Service Availability: a. While we strive to provide uninterrupted Services, Mailertizer does not guarantee 100% uptime. b. Scheduled maintenance and unforeseen technical issues may result in temporary downtime. c. Mailertizer is not liable for any losses resulting from downtime or service interruptions.

9. Prohibited Uses: a. You may not use the Services to send spam, unsolicited marketing communications, or illegal content. b. You may not use the Services to store or transmit malicious code, viruses, or any harmful software. c. Mailertizer reserves the right to terminate accounts found to be in violation of these terms.

10. Termination: a. You may terminate your subscription at any time by contacting us. b. Mailertizer reserves the right to terminate or suspend Services for breach of these Terms or non-payment. c. Upon termination, access to your instance and data may be immediately revoked. You are responsible for exporting your data before termination.

11. Limitation of Liability: a. Mailertizer is not liable for indirect, incidental, or consequential damages resulting from your use of the Services. b. The maximum liability of Mailertizer for any claim arising out of these Terms is limited to the amount you paid for the Services in the 12 months preceding the claim.

12. Indemnification: You agree to indemnify and hold Mailertizer harmless from any claims, damages, or liabilities arising from your use of the Services, including but not limited to legal disputes related to your uploaded data, communications, or campaigns.

13. Modifications to Terms: Mailertizer reserves the right to update or modify these Terms at any time. Changes will be posted on our website with the updated date. Continued use of the Services constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction: These Terms are governed by the laws of Deleware, United States of America. Any disputes arising under these Terms shall be resolved in the courts of Deleware, United States of America.

15. Contact Information: For questions about these Terms, please contact us at privacy@mailertizer.com.