Terms of Service

Acceptance of Terms

By accessing or using Mailgridder’s platform, website located at mailgridder.com, or any associated services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and our Acceptable Use Policy.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Service.

Description of Services

Mailgridder is a managed email infrastructure platform that provides clients with fully isolated, single-tenant email automation environments. Our services include:

• Dedicated Docker container environments running private instances of Mautic 5 email marketing software
• Integration with Amazon Simple Email Service (SES) for email delivery, configured per client domain
• n8n workflow automation engines deployed within each client’s private container
• Local AI-powered email writing assistance running entirely within your instance
• Dedicated sending IP addresses (on eligible plans) with managed warmup protocols
• Bounce and complaint management via Amazon SNS webhooks
• DNS authentication setup guidance (SPF, DKIM, DMARC) for client-owned domains

Mailgridder operates as an Independent Software Vendor (ISV) and managed infrastructure provider — not as a shared-infrastructure email service provider. Each client retains full ownership of their sending domain, contact data, and infrastructure configuration.

Eligibility & Account Registration

To use Mailgridder, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Be a registered business entity or act on behalf of one
• Provide accurate, current, and complete information during registration
• Complete the double opt-in email verification process before your account is activated
• Maintain the security of your account credentials and notify us immediately of any unauthorized access

You are responsible for all activity that occurs under your account. Mailgridder reserves the right to refuse service to anyone for any reason at any time during the beta period.

Acceptable Use Policy

You agree to use the Service only for lawful purposes and in a manner consistent with all applicable local, national, and international laws and regulations. You must not use Mailgridder to:

• Send unsolicited bulk email (spam) of any kind
• Import, upload, or use purchased, rented, scraped, harvested, or otherwise non-permission-based contact lists
• Distribute malware, phishing content, or fraudulent communications
• Impersonate any person, business, or entity
• Transmit content that is unlawful, defamatory, harassing, obscene, or otherwise objectionable
• Violate the intellectual property rights of any third party
• Attempt to gain unauthorized access to any system, network, or data
• Interfere with or disrupt the integrity or performance of the Service or any other client’s infrastructure
• Resell, sublicense, or transfer access to your Mailgridder instance without explicit written permission
• Send emails promoting illegal products or services, including counterfeit goods, controlled substances, or unlicensed financial services

Anti-Spam Obligations

Mailgridder’s infrastructure is built on the principle of permission-based email. As a condition of using the Service, you agree to:

• Double Opt-In (DOI): Implement a double opt-in process for all new subscribers. You must not send marketing communications to any recipient who has not confirmed their subscription via a DOI confirmation email.
• List provenance: Maintain verifiable records of how and when each contact provided consent to receive email from you. Lists must be organically acquired through your own channels.
• Bounce management: Hard bounces must be permanently suppressed from all future sending immediately upon detection. You must maintain a hard bounce rate below 2%.
• Complaint rate: You must maintain a spam complaint rate below 0.1% as measured by Amazon SES. Exceeding this threshold may result in automatic sending suspension.
• Unsubscribe compliance: All marketing emails must include a clear, functional unsubscribe mechanism. Unsubscribe requests must be honored within 10 business days, though our system processes them in real time.
• CAN-SPAM, GDPR, CASL: You are responsible for ensuring your email practices comply with all applicable regulations in every jurisdiction where your recipients are located.

Mailgridder monitors aggregate sending metrics including bounce rates and complaint rates. Accounts that exceed acceptable thresholds will be contacted and may be suspended pending remediation.

Infrastructure & Dedicated Resources

Your Mailgridder instance is deployed as an isolated container on our Hetzner-hosted infrastructure. You acknowledge and agree that:

• Your container resources (CPU, memory, storage) are allocated according to your chosen plan and may not be exceeded without upgrading
• While your data and environment are isolated, your container runs on shared physical hardware — though logical isolation is maintained at all times
• Dedicated IP addresses on premium plans are allocated exclusively to your sending domain for the duration of your subscription
• Domain verification via CNAME records is your responsibility. Mailgridder provides the DKIM values generated by Amazon SES; you must add them to your DNS registrar
• We do not guarantee specific uptime percentages during the beta period, though we target 99.5% availability. Planned maintenance will be communicated in advance where possible
• Backups are performed at the infrastructure level. You are encouraged to export critical data (contact lists, campaign templates) independently

Payment & Billing

Mailgridder subscriptions are billed on a recurring monthly or annual basis through Paystack. By subscribing, you authorize Mailgridder to charge your payment method on a recurring basis at the frequency you select.

• Pricing: Current plan pricing is displayed on the Mailgridder website and is subject to change with 30 days’ notice to existing subscribers
• Failed payments: If a payment fails, we will retry up to three times over 7 days. If payment is not received, your account may be suspended
• Cancellation: You may cancel your subscription at any time. Your account will remain active until the end of the current billing period. No partial refunds are issued for unused days
• Refunds: We offer a 7-day money-back guarantee for new subscribers. After this period, payments are non-refundable
• Taxes: Prices are exclusive of any applicable taxes. You are responsible for any VAT, GST, or other taxes applicable in your jurisdiction

Data Ownership & Privacy

Your data belongs to you. Mailgridder does not claim any ownership over your contact lists, email content, campaign data, or any other data you store within your instance.

• You grant Mailgridder a limited license to process and store your data solely for the purpose of providing the Service
• Your contact data is stored exclusively within your isolated container environment and is never shared with other clients or third parties, except as required to deliver the Service (e.g., routing email through Amazon SES)
• Upon termination of your account, you have 30 days to export your data. After this period, data may be permanently deleted
• Our AI features run entirely locally within your container. No prompts, brand materials, or contact data are transmitted to external AI providers

For full details on how we handle personal data, please review our Privacy Policy.

Intellectual Property

The Mailgridder name, logo, website design, and proprietary platform features are owned by Mailgridder and are protected by applicable intellectual property laws. You may not:

• Copy, reproduce, or distribute any Mailgridder branding without written permission
• Reverse engineer, decompile, or attempt to extract source code from Mailgridder’s proprietary systems
• Use Mailgridder’s trademarks in any manner that implies endorsement without explicit approval

Underlying open-source software components (Mautic, n8n, Ollama) are governed by their respective open-source licenses. Mailgridder does not claim ownership of these components.

Termination & Suspension

Either party may terminate this agreement at any time. Mailgridder reserves the right to immediately suspend or terminate your account, with or without notice, if:

• You violate any provision of these Terms or our Acceptable Use Policy
• Your sending practices generate bounce or complaint rates that endanger the deliverability of our platform
• We receive a credible legal demand or court order requiring suspension
• Your account is used in connection with fraudulent, abusive, or illegal activity
• Payment obligations are not met after reasonable notice

Upon termination by either party, your container environment will be shut down and scheduled for deletion. You acknowledge that Mailgridder is not liable for any damages resulting from termination made in accordance with these Terms.

Limitation of Liability

To the maximum extent permitted by applicable law, Mailgridder’s total cumulative liability to you for any claims arising from or related to these Terms or the Service shall not exceed the total fees paid by you to Mailgridder in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall Mailgridder be liable for any:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages resulting from unauthorized access to or alteration of your data by third parties
• Service interruptions caused by force majeure events, including but not limited to natural disasters, government actions, infrastructure failures by third-party providers (AWS, Hetzner), or internet disruptions

Disclaimer of Warranties

The Service is provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, error-free, or secure
• Warranties that any specific inbox placement rate or deliverability outcome will be achieved

Indemnification

You agree to defend, indemnify, and hold harmless Mailgridder and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law or regulation
• Your email sending practices, including any spam complaints, regulatory fines, or litigation arising from communications you send using our infrastructure
• Any content you transmit through the Service

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Changes to Terms

Mailgridder reserves the right to modify these Terms at any time. We will provide at least 30 days’ notice of material changes via email to the address associated with your account and by posting the updated Terms on this page.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription before the effective date.

Contact

For questions, concerns, or legal notices regarding these Terms of Service, please contact us: