Terms and Conditions

Mail Market (“Mail Market”, “we”, “us”, “our”)
Effective Date: 21 January 2026

These Terms and Conditions (“Terms”) govern your access to and use of the Mail Market email marketing platform, websites, APIs, and related services (collectively, the “Services”).

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Eligibility and Account Registration

• You must be at least 18 years old and legally capable of entering into a binding agreement.
• You agree to provide accurate, current, and complete information when registering.
• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activity that occurs under your account.

2. Description of Services

Mail Market provides email marketing, campaign management, subscriber management, analytics, and related tools. Features may vary depending on your subscription plan or configuration.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

3. Acceptable Use Policy

You agree not to use the Services to:

• Send spam, unsolicited bulk email, or messages without lawful consent
• Upload or use purchased, scraped, or third-party mailing lists
• Violate POPIA, GDPR, CAN-SPAM, or other applicable data protection or marketing laws
• Send content that is illegal, fraudulent, misleading, abusive, or defamatory
• Distribute malware, phishing links, or harmful code
• Impersonate another person or entity
• Interfere with platform security, infrastructure, or deliverability

4. Subscriber Data & Consent

• You represent and warrant that you have obtained lawful consent to contact your subscribers.
• You are solely responsible for the legality of your email content and subscriber data.
• Mail Market acts as a technical service provider and does not control your mailing lists.
• You must include valid sender details and an unsubscribe mechanism in every campaign.

5. Deliverability and Abuse Prevention

To protect system integrity and sender reputation, we monitor sending behaviour, bounce rates, spam complaints, and abuse signals.

We may throttle, suspend, or terminate accounts that:

• Generate excessive bounces or spam complaints
• Damage IP or domain reputation
• Violate these Terms or applicable laws

6. Fees, Billing, and Payments

• Certain features or usage levels may require payment.
• All fees are non-refundable unless explicitly stated otherwise.
• You are responsible for applicable taxes.
• Failure to pay may result in suspension or termination of Services.

7. Intellectual Property

• Mail Market retains all rights to the platform, software, branding, and documentation.
• You retain ownership of your content and subscriber data.
• You grant us a limited license to process your data solely to provide the Services.

8. API and Integrations

If API access is enabled, you agree:

• To keep API keys confidential
• Not to abuse, overload, or misuse the API
• That API access may be rate-limited, modified, or revoked

9. Suspension and Termination

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in unlawful or abusive behaviour
• Cause reputational or technical harm to the platform

Upon termination, access to the Services will cease and data may be deleted subject to legal retention requirements.

10. Disclaimers

The Services are provided “as is” and “as available”. We do not guarantee uninterrupted service, specific deliverability results, or campaign performance.

11. Limitation of Liability

To the maximum extent permitted by law, Mail Market shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of revenue, data, or business opportunities
• Deliverability issues caused by customer content or practices

Our total liability shall not exceed the fees paid by you in the preceding 12 months.

12. Indemnification

You agree to indemnify and hold harmless Mail Market from any claims, damages, penalties, or expenses arising from:

• Your email content or subscriber lists
• Your violation of laws or these Terms
• Claims by recipients or regulators

13. Privacy

Your use of the Services is also governed by our Privacy Policy.

14. Changes to These Terms

We may update these Terms from time to time. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles.

16. Contact Information