Terms of Service

1. This agreement

These Terms of Service govern your access to and use of Mailfully, a transactional email API operated by Even Flow Solutions LLC, a New York limited liability company (“Mailfully,” “we,” “us”). By creating an account, sending mail through the service, or clicking to accept, you agree to these terms. If you are accepting on behalf of a company, you represent that you have authority to bind it.

Our Privacy Policy and our Acceptable Use Policy are part of this agreement. Where a Data Processing Addendum is in place between us, it governs the handling of personal data in the messages you send.

2. The service

Mailfully accepts messages over an HTTP API and an SMTP relay and delivers them on your behalf, with per-message logs, delivery and bounce events, suppression handling, and deliverability tooling. Sends are accepted asynchronously: the API returns an acknowledgement, and a worker then delivers the message. We enforce an exactly-once send path, which means a message accepted for delivery is sent once and only once — we do not double-send on retry.

We may improve, change, or discontinue features. For changes that materially reduce functionality you rely on, we will give reasonable advance notice to account owners.

3. Accounts and credentials

You must provide accurate registration information and keep it current. You are responsible for everything that happens under your account and for keeping your API keys secret. We store only a hash of each key, so we cannot recover one for you — if a key leaks, revoke it in the dashboard and issue a new one. Tell us promptly at [email protected] if you suspect unauthorized access.

You must be at least 18 years old and legally able to enter a contract. The service is sold for business use.

4. Acceptable use

Your sending must comply with our Acceptable Use Policy, which is summarized as five commitments: you have permission to mail every recipient, you identify yourself truthfully, your content matches what recipients expect, you honor every opt-out and complaint, and your sending complies with applicable law.

Phishing, malware, fraud, purchased or scraped recipient lists, spoofed sender identity, harassment, and illegal goods are never permitted regardless of consent. You also may not resell the service as a bare email relay, attempt to circumvent rate limits or quotas, probe or interfere with our infrastructure, or use the service to build a competing product from our non-public performance data.

We scan outbound mail for abuse indicators and may quarantine a message that presents as phishing, malware, or fraud. This protects recipients and the shared sending reputation every customer relies on.

5. Fees, usage, and billing

Current prices and included volumes are published on our pricing page. Paid plans are billed monthly in advance for the plan fee, and in arrears for metered overage. The mechanics:

• Each plan includes a monthly email allowance. Sending beyond it incurs overage at the published per-thousand rate, metered by messages accepted for delivery.
• The free plan does not overage. It stops accepting sends at its allowance and at its daily cap, rather than generating a bill you did not expect.
• Paid plans carry a hard overage ceiling at five times the included allowance. Sends beyond that are blocked. This is a deliberate guard against a runaway bill from a bug or a burst on your side — not a feature we will quietly remove.
• Optional add-ons, such as a dedicated sending IP, are billed monthly alongside the plan fee.
• Test-mode sends route to a mailbox simulator and are never metered or billed.

Fees are stated exclusive of tax. Where we are required to collect sales tax, VAT, or similar, it is added at checkout and on each invoice. You are responsible for any withholding taxes imposed on your payments.

Payment is by card through Stripe. If a charge fails we will retry and notify you; unpaid amounts may lead to suspension after notice. Charges are non-refundable except where required by law or where we have made an error — if we bill you wrongly, tell us and we will fix it.

We may change prices with at least 30 days' notice to account owners, effective at your next billing period. Published pricing is a commitment we take seriously: we do not reclassify accounts onto a more expensive tier without telling you.

6. Term, cancellation, and suspension

Plans renew monthly until cancelled. You can cancel at any time from the billing portal; cancellation takes effect at the end of the current period, and you keep access to what you have paid for until then. On cancellation your account reverts to the free plan.

Suspension follows the warn-before-block process described on our Trust & Safety page: an early warning, a remediation window, a throttle before a block, and suspension only as a last resort — with a written explanation and a published appeal path with response commitments. The narrow exception is clear, serious abuse such as active phishing, malware, or fraud, which we may stop immediately to protect recipients.

We may terminate this agreement for material breach that is not cured within a reasonable period after notice, or immediately for the serious abuse described above. On termination we stop accepting sends and delete your message data in the ordinary course of our retention schedule. Export anything you need first; the dashboard supports it.

7. Your data

You own your content and your data. You grant us only the rights needed to run the service: to store, transmit, and process your messages and account data to deliver mail, operate features you use, provide support, and keep the platform safe.

You are the controller of the personal data in the messages you send and we are your processor. You are responsible for having a lawful basis to send to your recipients and for the content of what you send. Message content and logs are retained for your plan's retention window; suppression records persist beyond it so that a suppressed address stays suppressed. Details are in our Privacy Policy.

We do not use your message content or your recipients' data to train machine-learning models, and we do not sell it.

8. Confidentiality

Each of us may receive non-public information from the other. Both sides agree to protect it with reasonable care, use it only for this agreement, and not disclose it except to people who need it and are bound by similar obligations, or where the law compels disclosure. This does not cover information that is public, independently developed, or rightfully received from someone else.

9. Intellectual property

We own the service, our software, documentation, and brand. You own your content. Neither of us gets rights in the other's intellectual property except the limited licenses stated here. If you send us feedback, we may use it to improve the service without obligation to you, and you keep any rights you have in it.

Our open-source client libraries are licensed under their own terms, which govern those libraries.

10. Warranties and disclaimers

We will provide the service with reasonable skill and care, and we take deliverability and correctness seriously — the exactly-once send path is an engineering commitment, not marketing copy.

That said, the service is provided as is. To the fullest extent permitted by law we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. In particular, we cannot and do not warrant that every message will reach every inbox: final delivery depends on receiving mail providers, recipient filters, and your own sending reputation, none of which we control. We do not warrant that the service will be uninterrupted or error-free.

11. Limitation of liability

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill — even if advised such damages were possible.

Our total aggregate liability arising out of or relating to this agreement is limited to the amount you paid us in the twelve months before the event giving rise to the claim. Nothing here limits liability that cannot be limited by law, including for fraud, willful misconduct, or death or personal injury caused by negligence.

12. Indemnification

You will defend and indemnify us against third-party claims arising from the content of the messages you send, your breach of the Acceptable Use Policy, your violation of law or of a recipient's rights, or your infringement of a third party's intellectual property. We will defend and indemnify you against third-party claims that the service itself infringes a US patent, copyright, or trademark. In both cases the indemnified party must give prompt notice and reasonable cooperation, and the indemnifying party controls the defense and any settlement that affects the other.

13. Changes to these terms

We may update these terms. For material changes we will notify account owners by email at least 30 days before they take effect, and revise the date above. Continuing to use the service after that date means you accept the new terms; if you do not, cancel before they take effect.

14. Governing law and general terms

This agreement is governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The state and federal courts located in New York County, New York have exclusive jurisdiction, and both parties consent to venue there. The UN Convention on Contracts for the International Sale of Goods does not apply.

If any provision is held unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it. You may not assign this agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Nothing here creates a partnership, agency, or employment relationship. Together with the policies referenced above, this is the entire agreement between us on this subject, and it supersedes any prior discussions.

15. Contact

Questions about these terms: [email protected]. Suspension appeals: [email protected]. Abuse reports: [email protected].

Even Flow Solutions LLC, New York, United States.