Terms of Service

These terms govern your use of Mailoodeer’s platform. Please review carefully before using our services or creating an account.

Welcome to Mailoodeer

Please read these Terms of Service (“Terms”) carefully. By accessing or using our platform (the “Service”) or by creating an account, you agree to be bound by these Terms, which form a legally binding agreement between you and Mailoodeer, a product of Mailoodeer Technologies Inc. (“Mailoodeer,” “we,” “our,” or “us”).

To help clarify these Terms, we’ll start with a few definitions. Mailoodeer provides a cloud-based marketing platform (the “Platform”) that enables you to build, manage, and deliver email campaigns (“Campaigns”), grow your audience lists (“Contacts”), analyze performance metrics, and manage your brand communications. The Service is accessible via our website (https://www.mailoodeer.com) and other digital properties we operate (collectively, the “Mailoodeer Site”). The Service may also include access to our design tools, AI features, analytics, automation workflows, and other capabilities we may release over time.

If you represent a company or other legal entity, by agreeing to these Terms, you confirm that you are authorized to enter into this agreement on its behalf. As a user of the Service, you are considered a “Customer” or “you” under this agreement, and anyone you send emails to, manage, or store data about is a “Contact.”

These Terms include and incorporate our Acceptable Use Policy, Privacy Policy, Data Processing Addendum (if applicable), and any other policies or addenda referenced within. These documents govern your use of the Service and explain how we collect, use, and handle your data, as well as how we support your compliance with applicable data privacy regulations. If you do not agree with these Terms, you must discontinue using the Service.

Some features may be subject to additional terms or usage limits (“Add-ons”). By enabling or using those features, you also agree to the applicable additional terms. Access to certain advanced tools may vary based on your subscription plan or historical usage.

If you use third-party integrations (e.g. embedded maps, video, or analytics tools), you acknowledge that such tools are governed by their respective providers, and by using them within Mailoodeer, you also agree to their terms—such as Google Maps, YouTube, or others as applicable.

If you install or use the Mailoodeer mobile app via the Apple App Store, Google Play, or any similar platform (“App Store Provider”), you acknowledge that:
(i) this agreement is between you and Mailoodeer, not the App Store Provider;
(ii) the App Store Provider is not responsible for the Service; and
(iii) the App Store Provider may enforce these Terms against you as a third-party beneficiary.

I. Account

1.1 Eligibility

To use the Mailoodeer platform, you must:

  • Be at least eighteen (18) years of age and legally capable of entering into binding contracts.
  • Provide accurate, complete, and up-to-date account and billing information during registration and throughout your use of the Service.
  • Not be located in or affiliated with any country or entity subject to comprehensive international sanctions.
  • Agree not to use the Service for unlawful, deceptive, or harmful purposes, including—but not limited to—spamming, phishing, or distributing malicious content.

By registering for a Mailoodeer account, you represent and warrant that you meet all eligibility requirements listed above. We reserve the right to refuse access to the Service or close any account at our sole discretion.

1.2 Account Security and Responsibility

You are solely responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not you authorized it. You must notify us immediately if you suspect unauthorized access or misuse of your account.

Mailoodeer is not liable for any loss or damage arising from your failure to maintain the confidentiality of your credentials. We do not store your current password and will only offer instructions to reset it when needed.

1.3 Termination of Account

You may cancel your account at any time through your Mailoodeer dashboard or by contacting support. Upon termination, we may delete all data and content associated with your account, including campaigns, contacts, and analytics, without the ability to restore them.

Mailoodeer reserves the right to suspend or permanently terminate accounts without prior notice if we believe a user has violated these Terms or used the Service in a way that poses risk to our platform, infrastructure, or other users.

II. Plans and Payment

2.1 Plan Types

Mailoodeer offers several pricing options designed to accommodate your marketing needs:

  • Free Plan: Allows limited access to core features, with monthly caps on contact count and number of emails sent.
  • Paid Plans (Monthly or Annual): These are tiered plans based on your contact volume or monthly email sends. Pricing and feature availability vary by tier.
  • Pay-as-you-go Credits (if applicable): Purchase credits in advance and use them to send emails without committing to a recurring subscription.

You can view current plan details, usage limits, and pricing at any time in your account or on our pricing page.

2.2 Billing and Renewal
  • Recurring Billing: Subscriptions renew automatically on a monthly or annual basis, depending on the plan you choose. Charges are applied to your saved payment method on each renewal date (“Billing Cycle”).
  • Upgrades and Downgrades: You may upgrade your plan at any time, with prorated charges applied. Downgrades take effect at the end of the current billing cycle.
  • Refund Policy: Payments are non-refundable, unless explicitly stated otherwise in a promotional guarantee (e.g., a 7-day or 14-day money-back trial offer). Downgrading or cancelling a plan will not result in a refund for any unused portion.
2.3 Promotional Offers and Free Trials
  • Free Trial: If you’re eligible for a promotional free trial, you will gain temporary access to paid features. At the end of the trial period, your account will automatically convert to a paid plan unless you cancel before the trial ends.
  • Trial Expiration: You will receive a reminder before your trial ends. Once expired, your access to premium features will be restricted unless you subscribe to a paid plan. Only one free trial may be redeemed per account.

III. Ownership and Data Rights

3.1 Platform Ownership

All rights, title, and interest in and to the Mailoodeer platform—including our software, infrastructure, design tools, codebase, algorithms, user interface, and branding—are and will remain the exclusive property of Mailoodeer Technologies Inc. These assets are protected under applicable intellectual property laws.

You agree not to copy, modify, distribute, reverse-engineer, or create derivative works from any part of the Service, except as expressly authorized by Mailoodeer in writing.

3.2 User Data Ownership

As a user of the Service, you retain full ownership of all content, data, and materials you upload or submit to your account, including your email lists, campaign content, images, and branding assets (“User Data”).

By using the platform, you grant Mailoodeer a limited, non-exclusive license to process and store your User Data solely for the purpose of delivering the Service and ensuring proper operation of your account.

3.3 Use of Data for Improvement

Mailoodeer may analyze aggregate or anonymized data derived from your account and campaigns to improve system performance, develop new features, and enhance service quality. Such data will not identify you or your contacts personally, unless required to deliver specific functionality (e.g., personalization, analytics).

Mailoodeer does not sell your contact data or campaign content to third parties.

IV. Rules and Acceptable Use

4.1 General Usage Guidelines

By using Mailoodeer, you agree to comply with the following rules. Violations may result in suspension or termination of your account without prior notice.

You agree that you will not use the Service to:

  • Send unsolicited bulk messages (spam) or use purchased, rented, or third-party email lists.
  • Engage in fraudulent, deceptive, abusive, or unlawful behavior, including phishing, impersonation, or distribution of malware.
  • Transmit any content that is hateful, harassing, defamatory, discriminatory, or promotes violence.
  • Violate intellectual property laws, advertising laws, or regulations such as the CAN-SPAM Act, GDPR, or applicable local data protection laws.
  • Interfere with or disrupt the security, integrity, or performance of the Service or its underlying infrastructure.
4.2 Content Restrictions

You may not create or distribute content that:

  • Promotes or incites physical harm, threats, or hate speech against individuals or groups based on race, gender, religion, nationality, disability, or sexual orientation.
  • Contains false, misleading, or deceptive information intended to defraud or manipulate users.
  • Violates any third-party rights, including copyright, trademark, or data protection laws.

We reserve the right to review, block, or remove any content that we, in our sole discretion, determine to be harmful, misleading, or in violation of these Terms.

4.3 Compliance and Consent

You are solely responsible for ensuring that your email campaigns, landing pages, and data collection practices comply with applicable laws and industry standards, including:

  • Obtaining valid consent from your Contacts before sending marketing emails.
  • Providing clear unsubscribe mechanisms in every campaign.
  • Honoring all opt-out and data deletion requests promptly.
  • Including a valid physical mailing address in all marketing communications, as required by law.
4.4 API and Automation Use

If you use Mailoodeer’s API or automation tools, you must:

  • Follow our API usage guidelines and rate limits.
  • Not abuse or overload our infrastructure with excessive or unauthorized requests.
  • Ensure your API usage aligns with your subscription tier and fair use policies.
4.5 Enforcement

Mailoodeer reserves the right to monitor usage, investigate suspected violations, and suspend or terminate accounts that pose a risk to system integrity or violate these rules. Repeated abuse may result in permanent account removal, data loss, or legal action.

V. Liability

5.1 Limitation of Liability

To the maximum extent permitted by law, you agree that:

  • Mailoodeer and its team (including affiliates, officers, employees, and contractors) are not liable for any indirect, incidental, punitive, or consequential damages, including but not limited to lost profits, lost data, loss of business opportunities, or reputational harm—arising from your use or inability to use the Service.
  • In any case, the total liability of Mailoodeer to you for any claim or series of claims during any given calendar month is limited to the amount you paid us in that month, regardless of the cause or form of the action.

We are not responsible for:

  • The content you send through the platform.
  • How you manage or communicate with your contacts.
  • Any damages resulting from your failure to follow legal or regulatory obligations when using the Service (e.g., sending emails without consent, mishandling personal data).
5.2 No Warranties

Mailoodeer provides the Service on an “as is” and “as available” basis. We make no warranties—express or implied—regarding the accuracy, reliability, security, or availability of the Service. This includes, but is not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Guarantee that your emails will always be delivered or opened.
  • Assurance that the platform will be free of bugs, delays, or disruptions at all times.
5.3 Indemnification

You agree to indemnify, defend, and hold harmless Mailoodeer and its affiliates, officers, and employees from any claims, damages, liabilities, or legal expenses arising out of:

  • Your use of the Service in violation of these Terms or any applicable law.
  • Your content, campaigns, data, or third-party claims related to your communications.
  • Any misuse of AI features, automation, or tracking tools provided by Mailoodeer.
5.4 Equitable Relief

If your actions threaten the security, functionality, or reputation of Mailoodeer, we may seek injunctive or equitable relief (e.g., a court order) to prevent further harm, in addition to any legal remedies available.

VI. Use of AI Features (if applicable)

  • Outputs Are Not Guaranteed: AI-generated content, suggestions, or recommendations (“Outputs”) may be inaccurate, incomplete, or biased. You are solely responsible for reviewing, editing, and verifying any Output before use in your campaigns or business activities.
  • User Responsibility: You must ensure that any Outputs you use comply with applicable laws, privacy regulations, intellectual property rights, and ethical standards.
  • Data Use for AI Training: Mailoodeer may use anonymized Inputs and Outputs to improve AI model performance, unless explicitly disabled via your account preferences.

By using AI features, you acknowledge these limitations and grant Mailoodeer the necessary rights to process data for technical improvements.

VII. Governing Law and Dispute Resolution

  • Applicable Law: These Terms are governed by the laws of the Socialist Republic of Vietnam, without regard to its conflict of laws principles.
  • Dispute Resolution Process:
    • You agree to attempt to resolve any disputes informally by contacting Mailoodeer support.
    • If a resolution cannot be reached within 30 days, both parties may escalate the matter to arbitration or a court of competent jurisdiction in Ho Chi Minh City.
    • Mailoodeer reserves the right to seek injunctive relief in case of abuse or violation of intellectual property.

VIII. Additional Terms

8.1 Force Majeure

Mailoodeer is not liable for failure to perform due to causes beyond our control, including but not limited to: natural disasters, internet outages, government restrictions, cyberattacks, or platform downtime caused by third parties.

8.2 Continuation After Termination

Provisions regarding data rights, indemnification, limitations of liability, and dispute resolution survive the termination of your account.

8.3 Account Transfer

Your account, usage rights, and any service licenses granted by Mailoodeer are non-transferable without our prior written consent.

8.4 Intellectual Property & Branding

All Mailoodeer trademarks, service marks, brand assets, and copyrighted materials remain the property of Mailoodeer Technologies Inc. You may not use our branding without explicit permission, except as allowed under our brand guidelines.