1. Agreement To These Terms
These Terms of Service ("Terms") are a binding agreement between you and Mermail LLC ("Mermail," "we," "our," or "us") governing your access to and use of the Mermail website, console, APIs, agent inboxes, and related services (the "Service").
By accessing or using the Service, creating an account, clicking to accept these Terms, or using the Service on behalf of an organization, you agree to be bound by these Terms. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity.
2. Eligibility And Accounts
You must be at least 18 years old and able to form a binding contract to use the Service.
You are responsible for maintaining the security of your account, authentication credentials, API keys, webhook secrets, custom domain records, and workspace access. You must promptly notify us of any unauthorized use or security incident.
3. The Service
Mermail provides privacy-first email inboxes, APIs, developer tools, and automation features for AI agents and software teams. Features may include mailbox creation, inbound and outbound email routing, custom domains, webhooks, API access, drafting, task triage, mailbox search, labels, attachments, billing administration, and AI-assisted workflows.
We may add, modify, suspend, or remove features from time to time. Some features may be subject to plan limitations, rate limits, deliverability requirements, security review, or additional product-specific terms.
4. Free Plan, Paid Plans, And Billing
Certain accounts may use a free plan with monthly quotas or limited features. Continued use above free-plan limits or access to paid features may require a subscription.
Paid plans are billed on a recurring basis unless canceled. You authorize our payment and billing providers to process charges, applicable taxes, and subscription-related transactions in accordance with your selected plan.
You may cancel a paid subscription through the billing portal, the console if available, or by contacting support. Unless otherwise stated in writing, cancellation takes effect at the end of the then-current billing period, and you may continue using paid features until that period ends.
Downgrades, quota changes, or feature reductions may take effect immediately or at the next renewal depending on the billing provider and plan configuration. Plan pricing, feature access, usage limits, quotas, and included support may change over time, and we will provide notice of material changes where required by law or contract.
Unless otherwise stated in writing or required by law, fees are non-refundable and non-creditable, including for partial billing periods. This does not limit any non-waivable consumer or statutory rights that may apply.
5. Workspaces, Teammates, And Administrators
The Service may support shared workspaces. Workspace owners, administrators, and authorized members may be able to create inboxes, manage domains, configure automations, send messages, access mailbox data, invite users, manage billing, and configure integrations based on their role.
Your organization is responsible for managing its users, roles, permissions, mailbox access, API keys, and connected services. We may rely on workspace administrators as authorized contacts for account, compliance, billing, and security matters.
6. Customer Content And Customer Responsibilities
You retain responsibility for the mailboxes, messages, attachments, prompts, instructions, agent actions, API requests, custom domain settings, webhook payloads, and other materials you upload to, route through, generate with, or process through the Service ("Customer Content").
You represent and warrant that:
- You have all rights, permissions, notices, consents, and lawful bases needed to use Customer Content with the Service.
- Your use of mailbox data, message participant information, AI workflows, automations, and integrations complies with applicable privacy, communications, consumer protection, intellectual property, employment, and industry-specific laws.
- Your messages, domains, URLs, attachments, and agent behavior comply with applicable anti-spam, anti-phishing, security, and deliverability requirements.
- You will honor unsubscribe, opt-out, suppression, deletion, access, and other rights requests that apply to your communications and workflows.
- You will not use the Service to make legal, financial, medical, employment, housing, insurance, or other high-impact decisions without appropriate human review and legal compliance.
7. Acceptable Use
You may not use the Service to:
- Send unlawful, deceptive, harassing, abusive, fraudulent, or unsolicited messages.
- Send spam, phishing, malware, credential-harvesting messages, or messages that impersonate another person or entity.
- Use purchased, scraped, stolen, or otherwise unauthorized contact lists or mailbox data.
- Upload malicious code, attempt to bypass security controls, probe systems without authorization, or interfere with the operation of the Service.
- Use the Service in a way that creates excessive complaint, bounce, fraud, abuse, deliverability, infrastructure, or legal risk.
- Use AI features to generate content that is illegal, infringing, harmful, deceptive, or intended to bypass safety controls.
- Resell, sublicense, or provide access to the Service in a way that violates these Terms or a written agreement with us.
8. Email Compliance, Deliverability, And Agent Behavior
Mermail may apply validation checks, unsubscribe handling, suppression logic, signed links, abuse detection, rate limits, routing controls, and other delivery safeguards as part of the Service.
If you send commercial or marketing email through the Service, you are responsible for complying with CAN-SPAM and other applicable email laws, including accurate header and routing information, non-deceptive subject lines, required advertising disclosures, a valid physical postal address, clear opt-out instructions, and honoring opt-out requests within required timeframes.
You acknowledge that email delivery depends on many factors outside our control, including recipient behavior, mailbox provider filtering, sender reputation, domain configuration, third-party services, and message content. We do not guarantee inbox placement, delivery rates, open rates, response rates, conversions, or any specific business outcome.
You are responsible for monitoring and supervising agents, automations, and integrations that act through your account. Actions performed with your credentials, API keys, or workspace permissions are your responsibility unless caused by Mermail's breach of these Terms.
9. AI Features
The Service may provide AI-assisted drafting, classification, summarization, triage, and automation features. AI output is generated automatically based on the inputs, context, and instructions provided and may be inaccurate, incomplete, biased, offensive, or unsuitable for your use case.
You are solely responsible for reviewing, editing, approving, and using AI-generated output before it is sent, published, relied on, or used by an agent workflow.
10. Third-Party Services
The Service may depend on third-party providers for functions such as hosting, storage, authentication, billing, analytics, AI processing, email routing, monitoring, security, and support. Your use of certain features may also be subject to those providers' terms and policies.
We are not responsible for third-party services that you choose to connect or configure, including their availability, security, data handling, or changes to their APIs and policies.
11. Security And Compliance Readiness
Mermail is built to support GDPR-ready customer workflows and SOC 2-ready vendor security reviews. We maintain and continue to improve controls for access management, confidentiality, availability, change management, vendor review, logging, monitoring, incident response, and data protection.
Compliance readiness does not transfer your legal obligations to us. You remain responsible for determining whether the Service is appropriate for your use case, configuring it lawfully, and maintaining your own compliance program.
Unless stated in a signed agreement or published trust document, Mermail does not represent that a particular certification, audit, or attestation has been completed. Enterprise customers may request available security and compliance documentation under NDA.
12. Intellectual Property
Mermail and its licensors own all rights, title, and interest in and to the Service, including our software, interfaces, workflows, APIs, documentation, branding, and related intellectual property, except for Customer Content.
You grant us a limited, non-exclusive right to host, process, transmit, modify, display, and otherwise use Customer Content only as necessary to operate, secure, support, and improve the Service, comply with law, and enforce these Terms.
13. Feedback
If you provide suggestions, ideas, or feedback about the Service, you grant Mermail LLC a worldwide, perpetual, irrevocable, royalty-free right to use that feedback for any lawful purpose without restriction or compensation to you.
14. Suspension And Termination
We may suspend or terminate access to the Service immediately if we believe you have violated these Terms, created abuse or security risk, failed to pay applicable fees, caused deliverability harm, or exposed the Service, users, message recipients, or third parties to legal or operational risk.
You may stop using the Service at any time. Termination does not relieve you of obligations accrued before termination, including payment obligations. We may retain information after termination as described in our Privacy Policy and as required or permitted by law.
15. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERMAIL LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME, OR THAT EMAIL DELIVERY, AI OUTPUT, INBOX PLACEMENT, OR AGENT WORKFLOW RESULTS WILL MEET YOUR REQUIREMENTS.
16. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERMAIL LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, DELIVERABILITY, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS YOU PAID TO MERMAIL LLC FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
17. Indemnification
You will defend, indemnify, and hold harmless Mermail LLC and its affiliates, officers, employees, contractors, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your Customer Content, your mailboxes, your agents or automations, your use of the Service, your violation of these Terms, or your violation of applicable law or third-party rights.
18. Governing Law And Disputes
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
Any action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
19. Changes To These Terms
We may update these Terms from time to time. If we make material changes, we may provide notice through the Service, by email, or by updating the effective date above. Your continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms.
20. Contact Information
Questions about these Terms may be sent to Mermail LLC at [email protected].