Mailertizer Terms and Conditions

1. Introduction

Welcome to Mailertizer. By accessing or using our services, you agree to abide by these Terms and Conditions, including our Acceptable Use Policy (“AUP”). If you do not agree, you must discontinue use immediately.

2. Definitions

• Service: The hosting, development, and email/SMS marketing services provided for Mailertizer.
• Client: The individual or entity using our services.
• Contacts: Individuals stored in your Mailertizer.AMS system.
• Add-ons: Additional features or custom plugins developed by Mailertizer.

3. Services Provided

1. Hosting:

• Plans are based on contact limits.
• Clients may send emails up to four times their contact limit, with the option to enable overage billing.
• All new accounts are subject to a warm-up period with sending restrictions.

2. Custom Plugins:

• Plugins are developed based on Mautic open-source codebase.
• Compatibility is not guaranteed, but Mailertizer provides support and a refund within the first week for unresolved issues.

3. Email and SMS Marketing:

• All marketing activities must comply with applicable laws and the Acceptable Use Policy.

4. Acceptable Use Policy (AUP)

Prohibited Content

You may not use Mailertizer services to create, send, or promote:

• Illegal goods or services.
• Spam or emails violating anti-spam laws such as GDPR, CAN-SPAM, or CASL.
• Counterfeit products or intellectual property infringement.
• Pornography or sexually explicit content.
• Content promoting violence, hate, or discrimination.
• Fraudulent, deceptive, or misleading content.

Prohibited Actions

You may not:

• Use purchased or third-party contact lists.
• Send bulk emails to contacts without proper consent.
• Use misleading sender information or subject lines.
• Share account credentials or compromise account security.
• Reverse-engineer Mailertizer’s software.
• Exploit the service for purposes other than email and SMS marketing.
• Engage in activities that harm Mailertizer’s reputation or deliverability.

5. Compliance and Data Ownership

1. Clients must:

• Own or have consent to use all contact data.
• Ensure compliance with all applicable email and SMS marketing laws.

2. Mailertizer is not responsible for clients’ non-compliance with legal requirements.

3. If complaints from authorities arise, Mailertizer reserves the right to suspend or terminate accounts immediately.

6. Account Management

1. Clients must provide accurate and up-to-date registration details.
2. Mailertizer may suspend or terminate accounts for violations of these Terms or the AUP.
3. Passwords and account security are the client’s responsibility.

7. Billing and Payments

1. Plans are billed at the start of the billing cycle (monthly or annually).
2. Overages are billed at the end of the month.
3. Cancellation:
   • Clients may cancel at any time but will be charged for the full current month.
   • No refunds are provided for unused time.

8. Monitoring and Enforcement

1. Mailertizer uses automated and manual review processes to monitor compliance with these Terms and the AUP.
2. If violations are detected, Mailertizer may:
   • Suspend the account temporarily.
   • Permanently terminate the account and delete data.
   • Notify the client of the violation and allow remediation in certain cases.

9. Limitation of Liability

Mailertizer is not liable for:

• Loss of data or revenue due to account suspension or termination.
• Non-compliance with laws by clients.
• Service interruptions caused by third parties.
• Bugs in Mautic Platform or custom plugins.

10. Indemnification

Clients agree to indemnify and hold Mailertizer harmless from:

• Claims arising from misuse of the services.
• Legal penalties for non-compliance with email/SMS laws.
• Breaches of these Terms or the AUP.

11. Changes to Terms

Mailertizer reserves the right to update these Terms and the AUP at any time. Continued use of the service constitutes acceptance of the revised terms.

Contact Us

For questions or concerns, please contact:
Email: support@mailertizer.com