Terms of Service

These Terms of Service (“Terms”) govern access to and use of Mailsurge, including our website, control panel, and transactional email API (the “Service”). By creating an account, accessing the Service, or using the API, you agree to these Terms.

If you do not agree, do not use the Service. Questions: mailsurge@vblinden.dev.

1. The Service

Mailsurge provides infrastructure for sending transactional email and related tools (domains, API keys, delivery events, and analytics). Features may change over time. We may modify, suspend, or discontinue parts of the Service with reasonable notice where practicable.

2. Eligibility and accounts

You must be at least 16 years old and able to form a binding contract. You are responsible for the accuracy of account information and for keeping passwords and API keys confidential. You are responsible for activity under your account and keys.

We may require email verification and manual approval before control panel or sending access is granted. We may refuse, suspend, or terminate accounts that appear abusive, fraudulent, or non-compliant.

3. Teams and authority

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. That organization is responsible for all use under its teams and API keys.

4. Acceptable use

You must comply with our Acceptable Use Policy, applicable law (including anti-spam and privacy laws such as CAN-SPAM, CASL, and GDPR where relevant), and the policies of recipient mailbox providers. You may only send email you are authorized to send. Bulk unsolicited mail, phishing, malware, and other prohibited uses are not allowed.

5. Your content and recipients

You retain ownership of content you submit to the Service (“Customer Content”), including message bodies and recipient data. You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Content solely as needed to provide and secure the Service.

You represent that you have all rights and lawful bases needed to send messages to your recipients and to process their personal data through Mailsurge. You are responsible for the accuracy of recipient addresses and for handling unsubscribe, complaint, and data-subject requests that relate to your sending.

6. Domains and deliverability

You must only add domains you own or are authorized to use, and you must maintain required DNS records (such as SPF, DKIM, and DMARC as instructed). Deliverability depends on many factors outside our control (recipient filters, reputation, content, and list quality). We do not guarantee inbox placement or delivery rates.

7. Access and fees

Mailsurge is currently invite-only and provided without charge for approved accounts. We may introduce paid plans later; if we do, we will update these Terms and notify affected users before charging.

8. Fair use and limits

We may apply rate limits, newcomer limits, retention limits, size limits, and other technical restrictions. We may throttle or refuse traffic that threatens Service stability or reputation.

9. Intellectual property

Mailsurge, including its software, branding, and documentation, is owned by us or our licensors. These Terms do not grant you rights except the limited right to use the Service as permitted here. You may not reverse engineer, scrape, or misuse the Service except to the extent such restriction is prohibited by law.

10. Confidentiality and security

You must protect API keys and credentials and notify us promptly at mailsurge@vblinden.dev if you suspect unauthorized access. Our handling of personal data is described in our Privacy Policy. Additional security practices are summarized on our Security page.

11. Third-party services

The Service relies on third parties (including cloud hosting, email delivery, and payment processors). Their terms and availability may affect the Service. We are not responsible for third-party outages or acts outside our reasonable control.

12. Suspension and termination

You may stop using the Service at any time and may request account closure by contacting mailsurge@vblinden.dev. We may suspend or terminate access immediately for violation of these Terms or the Acceptable Use Policy, non-payment, legal risk, or threats to the Service or others.

Upon termination, your right to use the Service ends. Provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnity) will survive.

13. Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILSURGE AND ITS OPERATOR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR, IF GREATER LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW, THE MINIMUM AMOUNT REQUIRED BY THAT LAW).

15. Indemnity

You will defend and indemnify Mailsurge and its operator against claims, damages, and expenses (including reasonable legal fees) arising from your Customer Content, your sending practices, your violation of these Terms or law, or disputes with your recipients or end users.

16. Changes to these Terms

We may update these Terms by posting a revised version on this page and updating the “Last updated” date. Material changes may also be communicated by email or in-product notice. Continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service and contact us to close your account.

17. Governing law

These Terms are governed by the laws of the Netherlands, excluding conflict-of-law rules. Courts in the Netherlands have exclusive jurisdiction, except that we may seek injunctive relief in any jurisdiction to protect our rights or the Service. If you are a consumer with mandatory protections in your country of residence, those protections still apply.

18. Contact

Legal and account notices: mailsurge@vblinden.dev.