These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", or "your") and Facturama Limited, trading as MailStruck ("MailStruck", "we", "us", or "our"), a company registered in England and Wales, with its registered office at 16 Blatchington Road, Hove, East Sussex, BN3 3YN, United Kingdom, VAT no. GB169210805.
By creating an account, accessing, or using the MailStruck platform, website, and related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.
1. Account eligibility and registration
To use the Service, you must be at least 18 years old and capable of forming a binding contract. If you are using the Service on behalf of a business or entity, you represent and warrant that you have the authority to bind that entity to these Terms. You must provide accurate, current, and complete information during registration and keep your account details updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Acceptable use and anti-spam
Your use of the Service is subject to our Acceptable Use & Anti-Spam Policy, which is incorporated into these Terms by reference. You agree to use the Service only for lawful purposes and in compliance with all applicable laws, including but not limited to the UK Data Protection Act 2018, the General Data Protection Regulation (GDPR), the CAN-SPAM Act, and the Privacy and Electronic Communications Regulations (PECR). You represent and warrant that you have obtained all necessary consents and permissions from the contacts you upload to the Service.
3. Fees, billing, and refunds
MailStruck operates on a "pay-per-send" model. Paid plans are billed in advance based on the plan you select. Usage is measured primarily by monthly email sends. Unused allowances do not roll over to the next billing cycle unless explicitly stated. We will not automatically upgrade your plan or charge overage fees without your prior consent. All fees are exclusive of VAT and other applicable taxes, which will be added to your invoice where required. Fees are non-refundable except as required by law or as explicitly stated in these Terms. See our pricing for current plans.
4. Intellectual property rights
MailStruck retains all right, title, and interest in and to the Service, including all software, design, text, graphics, and other content provided by us. You retain all right, title, and interest in the content, data, and materials you upload to the Service ("Customer Content"). You grant MailStruck a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and modify your Customer Content solely for the purpose of providing and improving the Service.
5. Data privacy and security
Our collection and use of personal data are governed by our Privacy Policy. To the extent that MailStruck processes any personal data on your behalf as a data processor (e.g., your contact lists), such processing is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms.
6. Limitation of liability
To the maximum extent permitted by applicable law, MailStruck and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall MailStruck's aggregate liability for all claims relating to the Service exceed the total amount paid by you to MailStruck during the twelve (12) months immediately preceding the claim. Nothing in these Terms limits liability that cannot be excluded or limited under applicable law.
7. Indemnification
You agree to indemnify, defend, and hold harmless MailStruck and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising from or relating to (a) your use of the Service; (b) your violation of these Terms or the Acceptable Use Policy; or (c) your violation of any rights of a third party, including intellectual property or privacy rights.
8. Termination
You may cancel your account at any time through your account settings. Cancellation will be effective at the end of your current billing period. MailStruck may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for any violation of these Terms or the Acceptable Use Policy. Upon termination, your right to use the Service will immediately cease, and we may delete your account and Customer Content.
9. Changes to the Terms
We may modify these Terms from time to time. If we make material changes, we will provide you with notice via email or through the Service. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.
10. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. Questions? Contact info@mailstruck.com.