Terms And Conditions

Please read the Terms of Use carefully. By using MailGen or signing up for an account, you're agreeing to these Terms. This is a legal agreement. If you do not agree to be bound by these Terms of Use, you are not permitted to use the MailGen service.

The MailGen service (the "Service") is a marketing service offered through the URL mailgen.org (including any other subdomains), and other sites through which we provide our Service (together referred to as the "Website") that allow you to create, send and manage bulk email messages to individual recipients. Each such email message in respect of which you use the Service, including the image text and code comprised in it, is referred to in these Terms as "Content". A “Subscriber” is an email address on the list you maintain as part of the Service.

MailGen is owned and operated by Omega 23 Ltd., a Bulgaria based company. Our registered office is Georgi Benkovski str. 14, Sofia, Bulgaria. “You” are a user of the Service.

These Terms of Use define the terms and conditions under which you’re allowed to use the Service and how we’ll treat your account while you’re a user of the Service.

Account

Eligibility

Be a business or an individual that can provide valid contract information
Be able to complete the registration process
Agree to the Terms Of Use and Provacy Policy
Provide complete and accurate contact information

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won't use the Service in a way that violates any laws or regulations. MailGen may refuse service and change eligibility requirements at any time.

You must have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from Subscribers. This must include information about tracking pixels embedded in emails sent using the Service (which you have the option to enable or disable). You must ensure that you actively notify the Privacy Policy to Subscribers at or before the time you obtain their email address. That Privacy Policy must provide notice of your use of the Service; that we and the ESPs will be processing personal data on your behalf; and that the Service involves the use of their data. You are responsible for obtaining any necessary consents from Subscribers in relation to tracking open and click activity in emails sent to those Subscribers.

Accepting these Terms

These Terms Of Use ("Agreement") apply from when you sign up for the Service. Clicking the ‘Sign Up’ button means that you’ve officially "signed” the Terms Of Use and a binding contract will come into effect on the basis of the Agreement. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to sign this Agreement on their behalf.

Compliance with the Agreement

Your use of the Service depends on your compliance with this Agreement. Without affecting any of our other rights, if you do not comply with any of the terms of this Agreement, we may terminate or suspend your use of the Service.

Closing your account

You or we may terminate this Agreement at any time and for any reason by giving notice in writing (including email) to the other party. We won't refund or reimburse any of your Subscription Fees if there's cause, like a violation of the Agreement. Once terminated, we may permanently delete your account and all the data associated with it, including your Content from our Website.

Terms Of Use changes

We may change any of the Terms by posting revised Terms of Use (or other relevant document comprised in this Agreement) on our Website and sending an email to the last email address you gave us or a message to your account area of the Service (“Dashboard”). Unless you terminate your account within seven (7) days of that email, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, or any features of the Service at any time.

Deletion of Subscribers

As part of the Service, we offer you the ability to delete Subscribers from your account.

Delivery of Content

You acknowledge that due to third party filtering services, problems routing Content across the internet, and other factors, we are unable to guarantee delivery of Content to Subscribers using the Service. We will use commercially reasonable efforts to deliver Content to Subscribers.
You acknowledge and understand that the Service includes the transmission of unencrypted email in plain text over the public internet. You are responsible for encrypting any confidential or sensitive data you use in conjunction with the Services. Email sent using the Services may be unsecured, may be intercepted by other users of the public internet, and may be stored and disclosed by third parties (such as a recipient’s email service provider).

Account and password

You're responsible for keeping your account name and password confidential. You're also responsible for any use of your account, whether or not you authorised the use. You must immediately notify us of any unauthorised use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.

Subscriptions and payment

Free use

We may make certain Services available to you free of charge, up to certain limits as described on the Website. Usage of the Services in excess of those limits requires a paid subscription. We may terminate your access to the the Free Services at any time without prior notice and will have no liability in respect of such termination.
As a condition of using the Free Services, you agree to include ‘MailGen’ branding and accreditation on any Content you send using the Services.

Subscription

If you register for a monthly subscription, this ‘Subscription’ section applies to you.
The “Subscription Fees” are the fees payable by you for your subscription, charged to you in accordance with the levels of usage you undertaken of the Service. You agree to pay the Subscription Fees based on the size of your list of Subscribers in the Service, and the volume of Content sent to those Subscribers, during your monthly subscription period.
Your subscription begins as soon as your initial payment is processed. Your subscription will auto-renew (that is, it will automatically roll over on expiry to a new period of the same duration) on the same day of each month until either we or you cancel the subscription, in which case it will end at the end of the then-current subscription period. You can cancel your subscription at any time by emailing us at contact@mailgen.org. Your payment is non-refundable and your subscription will continue until the end of the current billing period. We may cancel your subscription by emailing you at the email address specified in your account.
The Subscription Fees are subject to change at any time, but you will be notified of any change by email to the address listed on your account. We will also post a notice of the change on the Website. The change will take effect at the beginning of the following billing period.
Subscription Fees are payable in US Dollars (USD) and are exclusive of value added tax (or other applicable sales tax), which shall be added at the appropriate rate.
At any time you may upgrade your subscription to one that provides higher allocations of Content or Subscribers in respect of the Service. To upgrade contact our support team at contact@mailgen.org. We shall calculate the cost of your upgraded subscription and commence a new subscription in place of your existing one. If you attempt to import Subscribers or send Content in excess of your current subscription level, you will be prompted to upgrade accordingly. If you accept, this will result in an upgrade in your subscription level and the applicable Subscription Fees (a “Subscription Upgrade”). Any incremental additional Subscription Fees associated with a Subscription Upgrade will be prorated over the remaining period of the current subscription period and payable immediately. In any future subscription period, your Subscription Fees will reflect any such Subscription Upgrade unless you restore your number of Subscribers to be consistent with the subscription level applicable prior to the Subscription Upgrade.
To downgrade contact our support team at contact@mailgen.org, and your usage level shall be decreased to your new subscription level from the beginning of your next monthly subscription period, or you can downgrade from the Billing section in the Service. No refunds or credits for Subscription Fees will be applicable if you downgrade your subscription.

Your right to cancel

Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer in the European Union then for most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. We offer a 14-day ‘cooling-off period’. At any time during the 14 days from the commencement of your subscription, you may notify us of your wish to cancel your subscription. We will refund you any sums paid in respect of the subscription you cancel in this way, using the payment method you used when signing up for the subscription.

Credit cards

As long as you're a subscriber or have an outstanding balance with us, you will provide us with valid credit card information and authorise us to deduct the monthly or yearly charges (including in respect of any Subscription Upgrade), against that credit card. You must replace the information for any credit card that expires with information for a different valid credit card. You represent and warrant that you are authorised to use any credit card you provide details of, and that any and all charges may be billed to that credit card and won't be rejected. If, for some reason, we're unable to process your credit card order, we’ll try to contact you by email and may suspend your account until your payment can be processed.

Refunds

We’ll give you a refund for the unexpired portion of a prepaid month if we stop providing the Service to you for a reason that's not laid out in these Terms. Except where you cancel the subscription during our 14-day cooling off period. You won’t be entitled to a refund from us under any other circumstances.

Termination

Either you or we may terminate this Agreement upon written notice to the other party of a material breach, or if the other party becomes the subject of a petition in insolvency proceedings, bankruptcy, receivership, liquidation or assignment for the benefit of its creditors.

Rules and abuse

You are required to follow these rules

You won’t use the Services in any way that may cause us legal liability or disrupt others’ use of the Service
You won’t use the Service in a way that may damage to our business or reputation
You won't send spam
You won't use purchased, rented, or third-party lists of email addresses
If you violate any of these rules, then we may suspend or terminate your account
You will comply with all applicable data protection legislation, including the EU General Data Protection Regulation
You will not use the Services to send or receive any information that falls within the definition of “special categories of data” under EU General Data Protection Regulation 2016/679 (“GDPR“)
You will not use the Service for any purposes which violate this Agreement

You will

provide us with all necessary cooperation in relation to the Service and all necessary access to such information as may be required by us in order to provide you with the Service
comply with all applicable laws and regulations with respect to your Content and activities under this Agreement
obtain and shall maintain all necessary licences, consents, and permissions necessary for us, our contractors and agents to perform our obligations under this Agreement, including without limitation the Service

As part of the Service, we will action on your behalf any “Unsubscribe” requests received from recipients of Content you send using the Service

Reporting abuse

If you think anyone is violating any of this Agreement, please notify us immediately.

Third Party Integrations

MailGen facilitates integration with a number of third party services which you can use in relation to your account or your Content (“Third Party Integration”), although we make no warranty as to any ongoing support for any Third Party Integration. To be clear, we are not responsible for any of your service providers who are connected to the Service through a Third Party Integration. You, not us, are their customer. You, not us, have a user account with them. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any Third Party Integration. Any contract entered into and any transaction completed by means of your use of the Service with any Third Party Integration is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant Third Party Integration.

Third Party Email Service Providers (ESP)

As a condition of using Connect, you shall enable us to access your account with the email service provider you specified when registering for Connect (“Your Email Service Provider”). You acknowledge and agree that access to is not provided to you under these Terms, but is instead subject to a separate agreement between you and your Email Service Provider.
You acknowledge that your Email Service Provider or an Email Delivery Service Provider (see Email Delivery Service Provider Terms set out below) may render ineffective or impair the sending, receipt of viewing of any Content (for example, by breaking links in the Content or removing images from the Content). For the avoidance of doubt, you acknowledge that we shall have no liability to you in respect of any such action.
If at any time you cease to have a current account in good standing with your Email Service Provider, you will be unable to use Connect. Your obligation to pay the Subscription Fees will remain unaffected.
It is your responsibility to ensure that your account with your Email Service Provider complies with the minimum requirements specified by us on our website from time to time in respect of Connect. You are solely responsible for maintaining your account with your Email Service Provider and acknowledge that it is necessary for the provision of the Service.

Liability

Indemnyty

You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Service (or us taking any action in relation to the Service at your direction) in breach of this Agreement (including the Third Party Terms), including any claim or action from a recipient of any Content sent by means of the Service.

Our responsibility for loss or damage if you are a business

This section 20 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you:

arising under or in connection with this Agreement
in respect of any use made by you of the Service
in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

Except as expressly and specifically provided in these Terms:

you assume sole responsibility for results obtained from your use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the Service, or any actions taken by us at your direction;
all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement
the Service is provided to you on an "as is" basis. In particular, no warranty or representation is made that the Service will be available uninterrupted or error-free

Nothing in these Terms excludes our liability:

for death or personal injury caused by our negligence
for fraud or fraudulent misrepresentation

We shall not be liable whether in cort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:

loss of profits
loss of business
depletion of goodwill and/or similar losses
loss or corruption of data or information
pure economic loss
special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms
our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total Subscription Fees paid by you during the 12 months immediately preceding the date on which the claim arose or £100, whichever is the greater.

Our responsibility for loss or damage if you are a consumer

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal consumer rights in relation to the Service.
We are not liable for business losses. If you are a consumer we only supply our service for to you for domestic and private use. If you use our service for any commercial, business or resale purpose our liability to you will be limited as set out in clause 20.

Force majeure

We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third party internet service providers.

Data processing terms

To the extent that you are a business and we process personal data on your behalf in providing the Services, the Data Processing Terms shall apply and are incorporated into these Terms.

Rights

Proprietary rights owned by us

You represent and warrant that you either own or have permission to use all of your Content. You retain ownership of your Content. By using the Service you grant us and our agents and subcontractors a licence to use your Content in order for us to provide, and ensure proper operation of the Service. You acknowledge and agree that we will have the right to use your Content in an anonymised way (which does not identify you or the recipient) for the purposes of increasing our spam identification techniques.

Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy is treated as part of this Agreement.

Waiver

Even if we delay in enforcing these terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking them, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Survival

Any of these terms that expressly or by implication is intended to continue or come into force on or after termination of this Agreement shall continue in full force and effect. Without limitation, clauses 19 Indemnity, 20 Our Responsibility for Loss or Damage Suffered by You if You are a Business, 21 Our Responsibility for Loss or Damage Suffered by You if You are a Consumer, 23 Data Processing Terms, 33 Third Party Rights,34 If You are a Business - Governing Law and Jurisdiction, and 35 Which Laws Apply to this Contract and Where You May Bring Legal Proceedings if You are a Consumer shall continue in full force and effect notwithstanding the termination of this Agreement.

Severance

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Entire agreement

These Terms, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.

Assignment

You shall not, without our prior written consent of us, assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.
We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.

No partnership or agency

Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Third party rights

No person other than Us and you shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms, except that Email Delivery Service Providers (as defined the Email Delivery Service Provider Terms) may enforce any of these Terms (including the Email Delivery Service Provider terms) against you. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any other person.

If you are a business: governing law and jurisdiction

These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims)

Which laws apply to this contract and where you may bring legal proceedings if you are a consumer?

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this clause 35, affects your rights as a consumer to rely on such mandatory provisions of local law.
In addition, if you are a consumer, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

Email Delivery Service Providers

MailGen uses a number of email delivery services in order to provide the Service. The Email Delivery Service Providers Terms available additionally apply to your subscription and your use of the Service.

FAQ Privacy Policy Terms and conditions