Terms & Conditions

1. Agreement to Terms

By accessing or using MailVCity's website and services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services. These terms constitute a legally binding agreement between you and MailVCity.

For questions regarding these terms, please contact us at info@mailvcity.com.

2. Services Provided

MailVCity provides professional email marketing services, including but not limited to:

• Cold email outreach campaigns
• Newsletter management and content creation
• E-commerce email automation (Klaviyo, Mailchimp, and other platforms)
• Email deliverability audits and optimization
• Campaign strategy and consulting
• List segmentation and management

The specific services provided will be detailed in your service agreement or order confirmation.

3. User Responsibilities

3.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

3.2 Compliance

You agree to:

• Comply with all applicable laws, including CAN-SPAM Act, GDPR, and anti-spam regulations
• Only send emails to recipients who have given consent
• Provide accurate sender information in all communications
• Include functional unsubscribe mechanisms in all marketing emails
• Not use our services for illegal, fraudulent, or malicious purposes

4. Payment Terms

4.1 Fees and Billing

Service fees are outlined in your service agreement or order confirmation. Payment is due according to the billing schedule agreed upon (monthly, one-time, etc.). All fees are non-refundable except as specified in our Refund Policy.

4.2 Late Payment

Failure to pay fees when due may result in suspension or termination of services. We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

4.3 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Price changes will not affect existing contracts until renewal.

5. Intellectual Property

5.1 Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, software, and templates, are owned by MailVCity and protected by copyright, trademark, and other intellectual property laws.

5.2 Client Content

You retain all rights to content you provide to us. By using our services, you grant us a limited license to use, reproduce, and modify your content solely for the purpose of providing our services.

5.3 Work Product

Upon full payment, you will own the email campaigns, copy, and designs created specifically for you. However, we retain the right to use general templates, strategies, and methodologies with other clients.

6. Service Level and Performance

While we strive to deliver optimal results, we make no guarantees regarding specific metrics such as open rates, click rates, or conversion rates. Email marketing performance depends on numerous factors, many of which are outside our control, including:

• Email service provider algorithms and policies
• Recipient email client settings and spam filters
• List quality and audience engagement history
• Market conditions and competitive factors
• Product/service appeal and pricing

7. Termination

7.1 Termination by Client

You may terminate services at any time by providing 30 days' written notice to info@mailvcity.com. You will be responsible for payment of all services rendered up to the termination date.

7.2 Termination by MailVCity

We reserve the right to suspend or terminate your access to our services immediately if:

• You violate these Terms and Conditions
• You engage in fraudulent or illegal activities
• You fail to pay fees when due
• Your use of our services damages our reputation or sender reputation
• We are required to do so by law

8. Limitation of Liability

To the maximum extent permitted by law, MailVCity shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use our services
• Unauthorized access to or alteration of your content
• Statements or conduct of any third party
• Delivery failures, spam complaints, or sender reputation issues

Our total liability for any claims arising from our services shall not exceed the amount paid by you to MailVCity in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless MailVCity and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your violation of these Terms and Conditions
• Your violation of any applicable laws or regulations
• Your content or email campaigns
• Your infringement of any intellectual property or other rights of third parties

10. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our business relationship. This obligation survives termination of services.

11. Dispute Resolution

Any disputes arising from these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where MailVCity's principal office is located.

Before initiating arbitration, both parties agree to attempt to resolve disputes through good faith negotiation.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which MailVCity operates, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Material changes will be communicated via email to info@mailvcity.com or through a notice on our website. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

14. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and MailVCity regarding our services and supersede all prior agreements and understandings.

16. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us: