Legal Center.

Welcome to Mailtr.co. By accessing or using our website and services, you agree to be bound by these Terms of Service. Please read them carefully — they cover what you may send through Mailtr, what we promise, and what we do not.

1. Acceptance of Terms

By registering for or using the Service in any manner, you agree to these Terms and to all operating rules, policies, and procedures published on this Site from time to time. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

You must be at least 18 years old, and capable of forming a binding contract, to use the Service. The Service is intended for business use and is not directed at children.

2. Description of Service

Mailtr provides an email platform for businesses. Depending on your plan and the features enabled on your account, the Service may include: an email design and template builder; sending of marketing and transactional email; an SMTP relay and a programmatic sending API; contact and campaign management; sending-domain and sender identity verification; delivery, bounce, and engagement reporting; mailbox and inbound mail handling; and related tools.

You are responsible for obtaining the access required to use the Service, and that access may involve third-party fees (such as internet service provider or airtime charges). We may add, change, or remove features over time.

3. Your Account

You are responsible for safeguarding your account credentials, API keys, and SMTP credentials, and for all activity that occurs under your account. API keys and SMTP credentials grant the ability to send email in your name — treat them as secrets, do not embed them in client-side code or public repositories, and rotate or revoke them promptly if they are exposed. Notify us without delay at support@mailtr.co if you suspect unauthorised use of your account.

You must provide accurate account information and keep it current. You may not share an account, or use an account you are not authorised to use.

4. Acceptable Use

Mailtr is shared infrastructure. Abuse by one sender damages deliverability for every other sender on the platform, so we enforce this section actively. You may not use the Service to send, host, or promote:

• Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Material that sexually exploits or endangers minors, or depicts non-consensual sexual activity.
• Pornography, escort services, or other sexually oriented content or services.
• Phishing, spoofing, credential harvesting, fraud, or any attempt to deceive recipients about who is contacting them.
• Malware, viruses, worms, or any code intended to disrupt, damage, or gain unauthorised access to a system.
• Illegal goods or services; counterfeit or infringing goods; pharmaceuticals not lawfully available without prescription; or unlicensed gambling.
• Multi-level marketing, pyramid or Ponzi schemes, chain letters, "get rich quick" or work-from-home offers, or affiliate marketing that exists primarily to drive commissions.
• Credit repair, debt relief, or payday-lending offers; mailing-list brokerage or list rental; or the sale of social media engagement.
• Unapproved health, medical, or financial claims.
• Hate speech, incitement to violence, or content promoting terrorism or violent extremism.

You also may not:

• Send to contact lists that were purchased, rented, scraped, harvested, or otherwise obtained without the recipient's knowing, provable opt-in.
• Falsify, disguise, or manipulate sender identity, header information, subject lines, or transmission paths, or send from a domain you are not authorised to use.
• Omit, obscure, or break the unsubscribe mechanism in marketing email, or fail to honour an opt-out request.
• Use dictionary attacks, address generation, or any automated means of compiling recipient addresses.
• Distribute sending across domains, IP addresses, subdomains, or accounts in order to evade spam filters, reputation systems, or volume limits — including the practices commonly known as "snowshoeing" and "waterfalling".
• Create multiple accounts to evade plan limits, billing thresholds, suspension, or termination.
• Reverse engineer, decompile, or copy the Service, or use it to build a competing product.
• Send email that generates an excessive rate of spam complaints, bounces, or blocks, as determined by us.

Transactional and marketing email are different. Transactional messages facilitate or update a transaction or relationship the recipient has already entered into. Marketing messages promote a product or service. You may not send marketing or bulk promotional content through transactional sending — including the sending API or SMTP relay — in order to benefit from transactional deliverability, or to avoid the unsubscribe link, sender footer, or consent controls that apply to marketing email. Nor may you route transactional messages through marketing sending to avoid applicable limits. Where a message serves both purposes, its primary purpose as a reasonable recipient would perceive it determines how it is treated.

We may also refuse or discontinue sending for any content or use that we reasonably believe risks harm to the reputation of the Service or its other users, whether or not it is listed above. This section is not exhaustive.

5. Permission to Email and Tracking Consent

You are the data controller for the recipients you add, import, or email through the Service; Mailtr acts solely as a data processor on your behalf, as set out in our Data Processing Agreement. You represent and warrant that, for every recipient you contact through the Service, you have a lawful basis and the necessary permission or consent to email them, and that you have not sourced their details from purchased, rented, or scraped lists.

Where you enable open or click tracking, you confirm that you have obtained any separate consent required to track your recipients' interactions, distinct from their consent to receive email, and that you can evidence that consent. Consent to receive a message is not consent to be tracked, and this applies to transactional as well as marketing email. You are responsible for honouring unsubscribe and tracking opt-out requests promptly.

You must maintain your own publicly accessible privacy notice meeting the requirements of the laws applicable to you and your recipients. We may suspend sending or your account if we reasonably believe you are emailing or tracking recipients without the required permission or consent.

6. Compliance with Laws

You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including data-protection and anti-spam laws — such as, where applicable, the India Digital Personal Data Protection Act 2023, the EU General Data Protection Regulation and ePrivacy rules, the US CAN-SPAM Act, and Canada's Anti-Spam Legislation. Where the law requires it, your marketing messages must identify you, include a valid physical postal address, and offer a working opt-out.

You may not use the Service in violation of applicable export control or sanctions laws, and you represent that you are not located in, or acting on behalf of anyone in, a jurisdiction subject to comprehensive sanctions.

7. Your Content and Data

You retain all rights in the content, templates, contact data, and other material you submit to the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, and display Your Content solely to the extent necessary to operate and provide the Service to you, and to comply with law.

You are responsible for Your Content and for having the rights necessary to use it. We may review, copy, and internally analyse content sent through the Service solely to detect and prevent spam, abuse, security incidents, and violations of these Terms.

8. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Mailtr and its licensors. The Service is protected by copyright, trademark, and other laws of both India and foreign countries. Nothing in these Terms transfers any right in the Service to you other than the limited right to use it.

If you send us feedback or suggestions, you grant us an unrestricted, perpetual right to use them without obligation or compensation to you.

9. Beta and Experimental Features

We may make features available that are labelled beta, preview, experimental, or similar. These are provided for evaluation, are offered strictly "as is", may be changed or withdrawn at any time without notice, may not be supported, and are excluded from every warranty, commitment, and service expectation in these Terms. Do not rely on them for anything you cannot afford to lose.

10. Service Limits and Fair Use

The Service is subject to plan limits and to rate limits on sending and on API and SMTP requests. We may set, change, and enforce these limits, and may throttle, queue, or decline requests that exceed them or that place a disproportionate load on shared resources. We may also apply limits where sending patterns present a deliverability or abuse risk. Current limits are shown in your account or in our documentation.

11. Fees, Billing, Cancellation, and Refunds

Paid subscriptions renew according to the billing interval shown at checkout. If you cancel at period end, access remains active until the current billing period expires and the workspace is then moved to the free plan.

If you choose immediate cancellation, paid access ends right away and the workspace is downgraded to the free plan. A full refund for the current billing period is only attempted when the immediate cancellation request is made within 6 hours of the successful charge for that same period. Payment-provider processing timelines may affect when the refunded amount becomes visible to you. Our Refund Policy forms part of these Terms and describes this in full.

Fees are exclusive of taxes unless stated otherwise, and you are responsible for any taxes arising from your use of the Service other than taxes on our income. If a payment fails or is overdue, we may suspend paid features until it is resolved.

12. Suspension and Termination

We may suspend sending or your access to the Service immediately and without prior notice where we reasonably believe that you are in breach of Section 4 (Acceptable Use) or Section 5 (Permission to Email and Tracking Consent), that your account has been compromised, that your sending presents a risk to the deliverability, security, or reputation of the Service, or that suspension is required by law. Where practicable we will tell you why and what is needed to restore service.

We may otherwise terminate or suspend your account for any reason on reasonable notice, including if you breach these Terms. You may stop using the Service and close your account at any time. On termination, your right to use the Service ends immediately. Sections that by their nature should survive — including Sections 7, 8, 13, 14, 15, 18, and 19 — survive termination.

13. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant or guarantee the deliverability of any message. Whether a message reaches a recipient, and whether it is placed in an inbox, a spam or promotions folder, or rejected entirely, is determined by receiving mail providers and by factors outside our control — including your sending practices, content, domain authentication, and reputation. No statement about deliverability, inbox placement, or delivery rates, whether made in our documentation, dashboards, marketing, or by our staff, constitutes a warranty.

14. Limitation of Liability

To the maximum extent permitted by law, Mailtr will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunity, however caused and on any theory of liability, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the total amount you paid us for the Service in the twelve months immediately preceding the event giving rise to the claim.

These limits do not apply to liability that cannot be excluded or limited under applicable law, or to your obligations under Section 15 (Indemnification) or your obligation to pay fees due.

15. Indemnification

You agree to indemnify and hold harmless Mailtr and its affiliates, officers, and employees from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content or campaigns, your use of the Service, your violation of these Terms, or your violation of any law or the rights of any third party — including recipients you contact or track without the required permission or consent.

We will indemnify you against third-party claims that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights, provided you notify us promptly, give us sole control of the defence, and cooperate with us. This is our sole obligation to you for intellectual property infringement.

16. Changes to These Terms

We may modify these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date, and where the change materially reduces your rights we will make reasonable efforts to notify you in the product or by email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree, stop using the Service and close your account.

17. Force Majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riot, labour dispute, government action, epidemic, power or internet failure, or the failure of upstream network or mail providers. This does not excuse your obligation to pay fees due.

18. General

You may not assign or transfer these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions remain in full force. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms, together with the Privacy Policy, Cookie Policy, and Refund Policy, are the entire agreement between you and Mailtr regarding the Service and supersede any prior agreements. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Notices to you may be given in the product or to the email address on your account; notices to us should be sent to support@mailtr.co.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be conducted by a sole arbitrator, seated in Chirawa, Rajasthan, India, and conducted in English. The arbitrator's award is final and binding.

Nothing in this section prevents either party from seeking urgent interim or injunctive relief from a court — including to stop abuse of the Service, unauthorised access, or infringement of intellectual property. Subject to the arbitration agreement above, the courts at Chirawa, Rajasthan, India have exclusive jurisdiction.

If you are a consumer and the law of your country of residence gives you the benefit of mandatory protections that cannot be varied by contract — including the right to bring proceedings in your local courts — nothing in this section removes those protections, and this arbitration agreement does not apply to the extent it conflicts with them.