Terms of Service

1. Definitions

1.1. Mailvex ("we", "us", "the Provider") — the operator of the Mailvex service.

1.2. Service — the Mailvex software product available at https://mailvex.tech, designed for creating, designing, and coding email messages.

1.3. User ("you") — any person with legal capacity who accepts these Terms, whether acting on their own behalf or on behalf of a legal entity.

1.4. Account — your user account in the Service.

1.5. Plan — a set of service parameters (available features and limits, price, and period) published at https://mailvex.tech/pricing.

1.6. Billing Period — a calendar month or a calendar year, depending on the selected Plan.

2. Subject of the Agreement

2.1. We provide you with remote access to the functionality of the Service over the internet, to the extent corresponding to your selected Plan, and you agree to pay for this access where a paid Plan is chosen.

2.2. The Service is provided remotely. No copy of the software is delivered to you.

2.3. The Service is provided on an "as is" basis, subject to the limitations set out in Section 7.

3. Acceptance of These Terms

3.1. You accept these Terms — fully and unconditionally — by taking any of the following actions:

— registering an Account and indicating your agreement with these Terms;

— paying for any paid Plan.

3.2. Once accepted, these Terms constitute a binding agreement between you and us.

3.3. You confirm that, before accepting, you have reviewed these Terms, the Privacy Policy, and the details of the applicable Plan.

4. Provision of the Service

4.1. The Service is offered on a free Plan or on one of the paid Plans. The features and limits of each Plan are published at https://mailvex.tech/pricing and form an integral part of these Terms.

4.2. We may change the range of Plans and their prices. Changes do not apply to a Billing Period that has already been paid for.

4.3. When a Plan's limits are reached, access to the corresponding features is restricted until the start of a new Billing Period or until you move to a Plan with higher limits. Your data is not deleted as a result.

4.4. Services are considered properly provided and accepted if you do not send a substantiated objection to support@mailvex.tech within 5 (five) calendar days after the end of a Billing Period.

4.5. We may engage third parties to help provide the Service (hosting providers, payment services, AI providers), while remaining responsible to you.

5. Pricing and Payment

5.1. The price of the Service is determined by your selected Plan and shown at https://mailvex.tech/pricing.

5.2. Payment is made on a 100% prepayment basis for each Billing Period, by the payment methods offered at checkout.

5.3. Your payment obligation is considered fulfilled when the funds are received by us.

5.4. Subscription and automatic renewal. If you choose a paid Plan with recurring billing, you set up a subscription with automatic renewal on the following terms:

— payment is charged automatically, using your saved payment details, on the date your paid Billing Period ends;

— the billing frequency matches your Plan: monthly for a monthly Plan, yearly for an annual Plan;

— the amount charged equals the price of your Plan in effect at the time of renewal, as shown at https://mailvex.tech/pricing;

— you may turn off automatic renewal at any time in your account, in the "Subscription" section. After you do, access to your paid Plan continues until the end of the current paid period, and no further charges are made.

5.5. Any bank or payment-system fees, where charged, are borne by you.

6. Rights and Obligations

6.1. We agree to:

— provide access to the Service to the extent of your selected Plan;

— keep the Service operational, except during scheduled maintenance and circumstances beyond our control;

— process personal data in accordance with our Privacy Policy;

— respond to requests sent to support@mailvex.tech within a reasonable time.

6.2. We may:

— modify the functionality of the Service, without materially reducing the scope of paid services;

— carry out scheduled technical maintenance, giving advance notice where possible;

— suspend or terminate your access if you breach Section 6.4;

— include a reference to the Service in exports produced on the free Plan.

6.3. You agree to:

— provide accurate information when registering;

— keep your account credentials confidential and remain responsible for actions taken under your account;

— use the Service in accordance with applicable law;

— ensure that any mailings you create using the Service are lawful, including obtaining recipients' consent to receive advertising where required.

6.4. You must not:

— use the Service to create materials that violate applicable law or the rights of third parties, that contain malicious code, incitement to violence, or other prohibited content;

— take actions aimed at disrupting the Service, circumventing technical restrictions or Plan limits, or gaining unauthorised access;

— share access to your Account with more people than your Plan allows;

— copy, decompile, or modify the software components of the Service.

7. Liability and Limitations

7.1. The Service is provided "as is". We do not warrant that it will meet your specific expectations or that its operation will be uninterrupted or error-free.

7.2. We are not liable for:

— the content of materials you create or upload;

— the results of mailings you send using materials created in the Service, including deliverability and how emails render in third-party email clients;

— your lost profits or indirect damages;

— unavailability of the Service caused by failures in communication networks, or by the actions of hosting providers, payment systems, or other third parties.

7.3. Materials created using AI features are advisory in nature. You are responsible for checking their accuracy and the lawfulness of their use before publication.

7.4. Our total liability under this agreement is limited to the amount you actually paid for the most recent Billing Period.

7.5. Neither party is liable for failure to perform caused by circumstances of force majeure.

8. Refunds

8.1. You may stop using the Service and terminate this agreement at any time by sending a request to support@mailvex.tech from the email address associated with your account.

8.2. On termination, you may be refunded the price of the Service for the unused portion of your paid Billing Period, less costs we have actually incurred. The refund is calculated in proportion to the number of full days remaining in the Billing Period.

8.3. Costs actually incurred include, in particular, the value of AI generations you have used and payment-system fees.

8.4. Refunds are made within a reasonable period after we receive your request, using the same method by which payment was made.

8.5. No refund is made where access was terminated due to your breach of Section 6.4.

8.6. Where you are a consumer under the mandatory law that applies to you, this Section does not limit any rights that law gives you.

9. Personal Data

9.1. Personal data is processed in accordance with our Privacy Policy, published at https://mailvex.tech/privacy.

9.2. By accepting these Terms, you confirm your agreement to the processing of your personal data on the terms of that Policy.

9.3. If you upload third parties' personal data into the Service, you are responsible for ensuring you have a lawful basis for processing it, and you act as the controller of such data.

10. Intellectual Property

10.1. The exclusive rights to the Service, its software components, design, and system templates belong to us.

10.2. Rights to the materials you create using the Service (emails, brand kits, uploaded images and text) belong to you. You may use them without restriction, including for commercial purposes.

10.3. You grant us the right to store and technically process your uploaded materials solely to the extent necessary to provide the Service.

11. Term and Changes

11.1. This agreement is effective from the moment you accept it until the parties' obligations are fulfilled or it is terminated as provided here.

11.2. We may update these Terms. The updated version is published at https://mailvex.tech/offer and takes effect when published, unless the version itself states otherwise.

11.3. Continuing to use the Service after a new version is published means you agree to the changes. If you do not agree, you may terminate the agreement under Section 8.

11.4. We may terminate this agreement if you breach Section 6.4, by notifying you by email.

12. Disputes

12.1. The parties will try to resolve disputes through negotiation.

Contact: support@mailvex.tech