Terms of Service

1. Acceptance of Terms

By accessing and using Mailember ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Mailember is an email marketing and automation platform that enables users to:

• Create and manage email campaigns
• Automate email sequences and workflows
• Track email performance and analytics
• Manage contact lists and segmentation
• Integrate with third-party email providers

3. User Accounts

3.1 Account Registration

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You are solely responsible for all activities that occur under your account, including any unauthorized use of your account.

3.3 Data Accuracy and Compliance

You are responsible for ensuring the accuracy, legality, and compliance of all data you upload or use with the Service, including:

• Contact list accuracy and consent verification
• Compliance with anti-spam and data protection laws
• Regular review and updating of contact information
• Validation of email addresses and contact data

3.4 Configuration

You are responsible for properly configuring all your mails, integrations, and settings. This includes overseeing your mailing performance, service health, and taking appropriate action when issues arise. We are not responsible for errors resulting from your configurations or failure to manage your account.

4. Subscription Plans and Payment

4.1 Subscription Fees

Mailember offers various subscription plans with different features and usage limits. Fees are charged in advance on a monthly or annual basis.

4.2 Payment Terms

You agree to provide current, complete, and accurate payment information. You authorize us to charge the applicable fees to your payment method.

4.3 Refunds

Refunds are provided at our discretion and in accordance with our refund policy. We may offer a pro-rata refund for unused portions of your subscription.

5. Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited, or fraudulent emails
• Violate applicable laws or regulations
• Infringe on intellectual property rights
• Transmit malicious code or viruses
• Exceed usage limits or quotas
• Reverse engineer or attempt to extract source code
• Use the Service for illegal or harmful purposes

6. Email Marketing Compliance

You are responsible for ensuring your email marketing activities comply with:

• Obtaining proper consent before sending emails
• Including accurate sender information and physical addresses
• Providing clear opt-out mechanisms
• Honoring unsubscribe requests promptly
• Complying with CAN-SPAM, GDPR, CASL, and other regulations

7. Intellectual Property

7.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Xquantum OPC Private Limited and are protected by international copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of your email content, contact lists, and other data. You grant us a license to use, process, and store your content solely to provide the Service.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of information in accordance with our Privacy Policy.

9. Service Limitations and Disclaimers

9.1 AI Service Limitations

Our Service may incorporate AI-powered features and third-party AI services. We make no guarantees about:

• The accuracy, completeness, or reliability of AI-generated content
• The availability or performance of third-party AI services
• The absence of errors, biases, or inappropriate content in AI outputs
• Compatibility with specific use cases or industries

You are solely responsible for reviewing and validating all AI-generated content before use. We are not responsible for decisions made by email providers or the impact on your sender reputation.

9.3 Technical Issues and Third-Party Dependencies

The Service depends on third-party services and may experience technical issues including:

• Service interruptions due to maintenance or technical failures
• Delays or failures in data synchronization
• Changes or discontinuation of third-party APIs and services
• Internet connectivity issues and network problems
• Hardware or software failures beyond our control

10. Service Availability and Performance

We strive to maintain high service availability but provide no guarantees regarding:

• Service uptime, availability, or accessibility
• Email delivery rates, open rates, or response times
• The accuracy or completeness of analytics and reporting
• The timeliness of data synchronization or updates

We may temporarily suspend the Service for maintenance, updates, security purposes, or other operational reasons without prior notice.

Service performance may be affected by factors beyond our control, including email provider policies, internet infrastructure, and third-party service availability.

11. Limitation of Liability

To the maximum extent permitted by law, Xquantum OPC Private Limited shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to:

• Loss of data, revenue, profits, or business opportunities
• Damage to customer relationships or business reputation
• Email account suspensions, warnings, or deliverability issues
• Errors or inaccuracies in AI-generated content or analytics
• Failure of third-party services or integrations
• Service interruptions, delays, or performance issues
• Costs of recovering lost data or recreating content
• Compliance violations or regulatory penalties

Our total liability for any claims related to the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

We are not liable for the actions, decisions, or policies of third-party service providers, including email providers, AI services, or other integrated platforms.

12. Beta Features and Experimental Services

12.1 Beta Features

We may offer beta features or experimental services that are not fully tested or guaranteed. These features are provided "as is" and may:

• Contain bugs, errors, or performance issues
• Be changed, modified, or discontinued without notice
• Have limited functionality or availability
• Not be suitable for production use

12.2 AI-Powered Features

AI-powered features are experimental and may produce unexpected or inaccurate results. We make no warranties about the effectiveness, accuracy, or reliability of AI-generated content, recommendations, or insights.

12.3 Early Termination Rights

We reserve the right to discontinue beta features or experimental services at any time without liability. Your use of such features is at your own risk.

13. Indemnification

You agree to indemnify and hold harmless Xquantum OPC Private Limited and its affiliates from any claims, damages, or expenses arising from your use of the Service or violation of these Terms, including but not limited to:

• Your failure to comply with applicable laws or regulations
• Your violation of these Terms or our Acceptable Use Policy
• Your use of AI-generated content without proper review
• Configuration errors or mistakes in campaign setup
• Data accuracy issues or compliance violations

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings or by contacting our support team.

14.2 Termination by Us

We may suspend or terminate your account for violation of these Terms, non-payment, suspicious activity, or any other reason at our discretion.

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data after a reasonable period, unless required by law to retain it.

We are not responsible for any loss of data or inability to recover information after account termination.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

15.2 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with Indian Arbitration and Conciliation Act.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Effective Date" above. Your continued use of the Service constitutes acceptance of the modified Terms.

17. Contact Information

If you have questions about these Terms of Service, please contact us at: