Terms & Conditions

Last Updated: 1st October 2025

1. INTRODUCTION

These Terms and Conditions ("Terms") constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Maileroo Group Pty Ltd (ACN 691 482 836) ("Maileroo", "we", "us", or "our") regarding your access to and use of our services.

We operate the website [maileroo.com](https://maileroo.com) (the "Site"), along with our Email API, SMTP relay services, email marketing platform, and any related products and services that reference these Terms (collectively, the "Services").

Our registered office is located at:

Level 10, 440 Collins Street
Melbourne VIC 3000
Australia

You can contact us at: [email protected]

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SERVICES.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, by email notification. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

The Services are intended for users who are at least 18 years of age. By using the Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. ACCOUNT REGISTRATION AND SECURITY

To access certain features of the Services, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Immediately notify us of any unauthorized access or security breach
• Accept responsibility for all activities conducted through your account

We reserve the right to suspend or terminate accounts that contain false, inaccurate, or incomplete information, or usernames that we deem inappropriate, offensive, or objectionable.

You may not transfer, sell, or otherwise assign your account to any other party without our prior written consent.

3. DESCRIPTION OF SERVICES

Maileroo provides comprehensive email infrastructure and marketing solutions, including but not limited to:

• Email API: Programmatic email sending capabilities via RESTful API
• SMTP Relay: Reliable email delivery through our SMTP servers
• Email Marketing Platform: Campaign creation, management, and analytics tools
• Email Validation: Email address verification and list cleaning services
• Email Analytics: Detailed tracking and reporting of email performance
• Deliverability Tools: Features to optimize email delivery and engagement

The Services are provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4. ACCEPTABLE USE POLICY

You agree to use the Services only for lawful purposes and in accordance with these Terms. You specifically agree NOT to:

• Send spam, unsolicited bulk email, or any communications to recipients who have not explicitly opted in to receive them
• Send emails containing malicious content, viruses, malware, phishing attempts, or deceptive content
• Transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Violate any applicable laws, including but not limited to CAN-SPAM Act, GDPR, CASL, or other anti-spam legislation
• Collect or harvest email addresses or personal information without proper consent
• Send emails to purchased, rented, or third-party lists without verified opt-in consent
• Engage in any form of email address spoofing or header manipulation

• Attempt to gain unauthorized access to any portion of the Services or related systems
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Reverse engineer, decompile, or disassemble any portion of the Services
• Use automated means to access the Services except as explicitly permitted by our API
• Circumvent any rate limits, usage restrictions, or security measures
• Use the Services in any manner that could overload, damage, or impair our infrastructure

The Services must not be used to send content related to:

• Illegal drugs, controlled substances, or drug paraphernalia
• Weapons, explosives, or regulated items
• Hate speech, discrimination, or promotion of violence
• Fraudulent schemes, scams, or deceptive practices
• Illegal activities, such as phishing, hacking, or identity theft
• Multi-level marketing without proper disclosure

We reserve the right to monitor compliance with this Acceptable Use Policy and to suspend or terminate access for violations.

5. PRICING AND PAYMENT

All fees for the Services are listed on our website and are subject to change with notice. By subscribing to our Services, you agree to:

• Pay all applicable fees according to your selected plan
• Provide current, complete, and accurate billing information
• Promptly update your payment information if it changes
• Authorize us to charge your chosen payment method on a recurring basis

Payment Processing: Payments are processed through Paddle.com Market Limited (for subscription billing), PayPal (for annual payments), or NOWPayments.io (for cryptocurrency payments). By using these payment methods, you also agree to their respective terms of service.

Billing Cycles: Services are billed on a monthly or annual basis, depending on your selected plan. Subscription fees are charged in advance at the start of each billing cycle.

Currency: All prices are stated in United States Dollars (USD) unless otherwise specified.

Taxes: Prices do not include applicable taxes, levies, or duties. You are responsible for payment of all such taxes, except those based on our net income.

Price Changes: We reserve the right to modify our pricing at any time. For existing subscriptions, price changes will take effect at the start of your next billing cycle after we provide at least 30 days' notice.

Overage Charges: If your usage exceeds your plan limits, you may incur additional charges as specified in your plan details. We will make reasonable efforts to notify you before charging overage fees.

Failed Payments: If a payment fails, we will attempt to process the payment again. If payment continues to fail, we may suspend or terminate your access to the Services.

6. REFUNDS AND CANCELLATIONS

Cancellation: You may cancel your subscription at any time through your account dashboard. Cancellation will take effect immediately, you will lose access to the Services, and you will not be charged for any subsequent billing cycles.

Refunds: We offer a 14-day money-back guarantee for new customers. For more details, please refer to our Refund Policy available at: https://maileroo.com/refund-policy

Service Issues: If you experience technical issues or are dissatisfied with our Services, please contact us at [email protected] so we can work to resolve your concerns.

7. AFFILIATE PROGRAM

Maileroo may offer an affiliate program allowing users to earn commissions by referring new customers. Participation in the affiliate program is subject to separate terms and conditions.

We reserve the right to:

• Modify, suspend, or terminate the affiliate program at any time
• Modify commission rates or reward structures with notice
• Withhold or reverse commissions for fraudulent referrals or policy violations
• Process affiliate withdrawals within one business week of approval

8. INTELLECTUAL PROPERTY RIGHTS

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and data compilations, are the exclusive property of Maileroo or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your internal business purposes
• Use our API in accordance with our API documentation
• Download and use any documentation we provide

This license does not permit you to:

• Modify, copy, reproduce, or create derivative works of the Services
• Distribute, sell, resell, or sublicense access to the Services
• Remove or alter any proprietary notices or labels
• Use the Services for competitive purposes or to build a competing product

You retain all ownership rights to the content you submit, transmit, or store through the Services ("Your Content"). By using the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit Your Content solely to provide and improve the Services.

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe any third-party intellectual property rights
• Your Content complies with all applicable laws and these Terms

If you provide us with any suggestions, ideas, or feedback about the Services, you grant us the right to use such feedback without any obligation or compensation to you.

9. DATA PROTECTION AND PRIVACY

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at: https://maileroo.com/privacy-policy

By using the Services, you acknowledge and agree that:

• You have read and understood our Privacy Policy
• You consent to our collection, use, and disclosure of your information as described in the Privacy Policy
• Our servers are located in the European Union, and your data will be processed and stored there
• If you access the Services from outside European Union, you consent to the transfer of your data to the European Union

As an email service provider, you acknowledge that we may access and process email content and metadata solely for the purposes of:

• Providing and operating the Services
• Monitoring compliance with these Terms and our Acceptable Use Policy
• Preventing fraud, spam, and abuse
• Improving deliverability and service quality
• Troubleshooting and customer support

10. ACCOUNT ACCESS AND MANAGEMENT

By using the Services, you acknowledge and agree that Maileroo and our authorized personnel may access your account when necessary for:

• Providing technical support and troubleshooting
• Investigating potential violations of these Terms
• Preventing fraud, abuse, or security threats
• Complying with legal obligations or valid legal requests
• Performing maintenance or improving the Services

We are committed to protecting your privacy and will only access your account when reasonably necessary. Such access is limited to authorized personnel and is subject to strict confidentiality obligations.

11. DATA RETENTION AND DELETION

We will retain your data for as long as your account is active or as necessary to provide the Services. When you cancel your account:

• We will retain certain data as required by law or for legitimate business purposes
• Email logs and analytics data may be retained for up to 90 days
• Billing records will be retained as required by applicable tax and accounting regulations
• You may request deletion of your data by contacting [email protected]

12. SERVICE AVAILABILITY AND SUPPORT

While we strive to provide reliable service, we cannot guarantee that the Services will be available at all times without interruption. The Services may be subject to:

• Scheduled maintenance (with advance notice when possible)
• Unplanned downtime due to technical issues
• Limitations or restrictions based on your subscription plan

We will make commercially reasonable efforts to provide notice of scheduled maintenance and to minimize service disruptions.

Support: Support is provided via email and our support ticket system. Support availability and response times vary based on your subscription plan.

13. THIRD-PARTY SERVICES AND INTEGRATIONS

The Services may integrate with or contain links to third-party services, websites, or applications. These third-party services are not controlled by Maileroo, and we are not responsible for:

• The availability, accuracy, or content of third-party services
• The privacy practices or terms of service of third parties
• Any transactions or interactions with third-party services

Your use of third-party services is at your own risk and subject to their respective terms and policies.

14. COMPLIANCE WITH LAWS

You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including but not limited to:

• CAN-SPAM Act (United States)
• General Data Protection Regulation - GDPR (European Union)
• Canada's Anti-Spam Legislation - CASL (Canada)
• Australian Spam Act 2003 (Australia)
• Privacy Act 1988 (Australia)
• Payment Card Industry Data Security Standard (PCI DSS), if applicable

The Services are not designed to comply with industry-specific regulations such as HIPAA or FISMA. If your use requires compliance with such regulations, you must not use the Services or must contact us for enterprise solutions.

15. TERM AND TERMINATION

These Terms remain in effect while you use the Services. Either party may terminate this agreement:

Termination by You: You may terminate these Terms at any time by canceling your account and discontinuing use of the Services.

Termination by Us: We may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach these Terms or our Acceptable Use Policy
• Your account is subject to fraudulent activity
• Your use of the Services poses a security risk
• Payment for the Services fails or is reversed
• We are required to do so by law
• We cease offering the Services

Effect of Termination: Upon termination:

• Your right to use the Services will immediately cease
• You will remain responsible for all fees incurred prior to termination
• We may delete your data in accordance with our data retention policies
• You must cease using any Maileroo intellectual property
• Provisions of these Terms that by their nature should survive will remain in effect

If we terminate your account for violation of these Terms, you may not create a new account without our express permission.

16. DISCLAIMERS AND WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICES
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE DELIVERY OR DELIVERABILITY OF YOUR EMAILS
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

WE DO NOT WARRANT THAT:

• The Services will meet your specific requirements
• Email delivery will be successful to all recipients
• The Services will be compatible with all systems or devices
• Results obtained from the Services will be accurate or reliable

While we implement reasonable security measures, we cannot guarantee that the Services will be completely secure from unauthorized access, hacking, or data breaches.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL MAILEROO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or email deliverability
• Business interruption or system failures
• Reputation damage or loss of goodwill
• Cost of substitute services

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT PAID BY YOU TO MAILEROO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
• ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100)

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Maileroo, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights, including intellectual property or privacy rights
• Content that you submit, transmit, or make available through the Services
• Your email marketing practices or recipient complaints

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claim.

19. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

Subject to the dispute resolution provisions below, you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising out of or relating to these Terms or the Services.

20. DISPUTE RESOLUTION

Before initiating any formal dispute resolution procedure, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms shall be finally resolved by binding arbitration administered by the Resolution Institute (Australia) in accordance with its Arbitration Rules.

The arbitration shall be conducted as follows:

• Number of arbitrators: One (1)
• Seat of arbitration: Melbourne, Victoria, Australia
• Language: English
• Governing law: Laws of Victoria, Australia

Notwithstanding the above, either party may seek injunctive or equitable relief in court to:

• Protect intellectual property rights
• Prevent irreparable harm
• Enforce confidentiality obligations

TO THE EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING.

21. MODIFICATIONS TO SERVICES

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, for any reason, including but not limited to:

• Maintenance or technical improvements
• Changes to features or functionality
• Business or strategic reasons
• Legal or regulatory requirements

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

22. EXPORT COMPLIANCE

The Services may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws and regulations and represent that you are not:

• Located in a country subject to comprehensive sanctions
• Listed on any government list of prohibited or restricted parties
• Otherwise prohibited from accessing the Services under applicable law

23. ASSIGNMENT

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction. Any attempted assignment in violation of this provision is void.

24. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

25. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Maileroo.

26. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Maileroo regarding the Services and supersede all prior agreements and understandings.

27. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive electronic communications from us, including emails, notices, and agreements. You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

You agree to the use of electronic signatures and records and waive any rights under laws requiring original signatures or non-electronic records.

28. CONTACT INFORMATION

If you have questions, concerns, or complaints regarding these Terms or the Services, please contact us:

Maileroo Group Pty Ltd
ACN 691 482 836
Level 10, 440 Collins Street
Melbourne VIC 3000
Australia

Email: [email protected]

These Terms and Conditions were last updated on 1st October 2025. We encourage you to review these Terms periodically for any changes.