Terms of Service

§1Who we are#

Mailomia is operated by IKL CONSULTING, a French simplified joint-stock company (SAS) with a share capital of 1,000 euros, registered with the Marseille Trade and Companies Register under number 983 375 643, with its registered office at 16 allée Sacoman, 13016 Marseille, France. VAT number: FR78983375643. Publication director: the President of IKL CONSULTING.

The website and the application are hosted by Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany, +49 9831 505-0.

In these terms, "Mailomia", "we" and "us" refer to that company. "You" and "the customer" refer to the person or organization that creates a Mailomia account.

§2Accepting these terms#

You accept these terms when you create an account, either with the sign-up form or with the "Continue with Google" button. If you create an account on behalf of an organization, you confirm that you have the authority to bind it, and these terms apply to that organization.

Mailomia is a professional tool. You must be at least 18 years old and use the service for your business, association or other professional activity.

§3The service#

Mailomia is an email marketing application that runs on top of Amazon Simple Email Service ("Amazon SES"). It lets you manage contact lists and signup forms, design and send campaigns and automated emails, track deliverability, opens, clicks, bounces and complaints, and manage unsubscribes.

Mailomia does not send your marketing email from its own infrastructure. Your campaigns go out through the Amazon SES account you connect. Mailomia is not a party to your contract with Amazon Web Services.

§4Your account#

• Give accurate information when you sign up and keep it up to date.
• Keep your password and your API keys confidential. You are responsible for everything done with your account and keys.
• Tell us without delay at contact@mailomia.com if you suspect unauthorized access.
• One person or organization per account. You may not resell access to the service without our written agreement.

§5Your Amazon SES account#

To send email, you connect your own Amazon Web Services account, either by letting Mailomia create a dedicated access role in that account, or by entering access keys. Mailomia uses this access only to operate the features you use: verifying domains, sending your email, reading sending limits and statistics, and receiving bounce and complaint notifications.

• You hold the contract with Amazon Web Services. Amazon bills you directly for your sending. Those charges are not included in Mailomia's prices.
• You must comply with the AWS Acceptable Use Policy and the AWS Service Terms.
• Amazon decides your sending limits and may pause or suspend your Amazon SES account, for example when bounce or complaint rates are too high. Mailomia has no control over these decisions and is not liable for them.
• You can revoke Mailomia's access at any time from your AWS account. Sending stops until you reconnect.

§6Plans, billing and cancellation#

Free plan

The Free plan costs nothing and has usage limits, such as a maximum number of subscribers and a monthly sending quota. The current limits are shown in the application on the Billing page. When you reach a limit, Mailomia may refuse new subscribers, pause regular campaigns or delay automated emails until the next period or until you upgrade. We may change the Free plan's limits with 30 days' notice.

Premium plan

• Premium is billed in advance, monthly or yearly, through our payment provider Stripe. The price is the one shown at checkout. Prices exclude taxes, and applicable taxes such as VAT are added at checkout.
• Your subscription renews automatically at the end of each period until you cancel it.
• You can cancel at any time from the Billing page. Cancellation takes effect at the end of the current paid period. Your account then returns to the Free plan. Your data is kept, and the Free plan's limits apply again.
• Payments are non-refundable, including for a partially used period, except where the law requires otherwise.
• If a payment fails, Stripe retries it. If it still fails, your account returns to the Free plan.
• We may change Premium prices. A new price applies from your next renewal, and we tell you at least 30 days before it does.

§7Acceptable use#

You are the sender of every email you send with Mailomia. You must comply with all laws that apply to your sending and to your contacts, including the GDPR, the ePrivacy rules, French and EU direct-marketing law, CAN-SPAM, CASL and any equivalent law in your recipients' countries. In particular, you must:

• send marketing email only to people who have given valid consent, or where another legal basis allows it;
• never use purchased, rented, harvested or scraped lists;
• identify yourself clearly as the sender, and keep a working unsubscribe link in every marketing email;
• honor unsubscribe requests and never re-add unsubscribed contacts without new consent;
• keep your bounce and complaint rates low and remove addresses that hard bounce.

You may not use Mailomia to send or host content that is illegal, deceptive or harmful, including phishing, malware, fraud, content that infringes others' rights, hateful or violent content, or sexual content involving minors. You may not try to access other customers' data, overload or reverse engineer the service, or bypass its limits or security measures.

§8Your content and data#

You keep all rights to your content: your contact lists, templates, campaigns, images and other material you add to Mailomia. You give us the right to host, copy, process and transmit that content only as needed to provide the service to you.

You confirm that you have the rights and consents needed for the content and personal data you upload. When we process personal data on your behalf, such as your subscribers' data, the Data Processing Agreement in the annex applies. Our Privacy Policy explains how we handle your own account data.

You can export your lists and subscribers from the application at any time.

§9Our intellectual property#

Mailomia, its software, design, logo and documentation belong to us or to our licensors. We give you a personal, non-exclusive, non-transferable right to use the service during your subscription, in line with these terms. Starter templates provided in the application may be used and modified for your own emails.

If you send us suggestions, we may use them freely without any obligation to you.

§10Availability and changes#

We work to keep Mailomia available and secure, but we do not guarantee uninterrupted or error-free operation. Maintenance, updates, incidents and the availability of third-party services such as Amazon Web Services can interrupt the service. Features labeled beta may change or be removed.

We improve Mailomia over time and may change or remove features. If a change significantly reduces a paid feature, we will tell you in advance, and you may cancel before it applies.

§11Suspension and termination#

You can stop using Mailomia at any time. To close your account, cancel any paid subscription and write to us at contact@mailomia.com.

We may suspend or restrict your account, including your sending, without notice if you breach these terms, if your sending puts the service, other customers or recipients at risk, or if the law or an authority requires it. Where possible, we tell you why and give you a chance to fix the problem. We may close your account for serious or repeated breaches, or after 30 days' notice for any other reason. In that second case, we refund the unused part of a prepaid period.

When your account is closed, you have 30 days to export your data. We then delete your content and personal data, except what the law requires us to keep, such as invoices.

§12Liability#

The service is provided "as is". To the extent allowed by law:

• we are not liable for indirect damages, such as lost profits, lost revenue, lost business or loss of reputation;
• we are not liable for the content you send, for your compliance with the law, or for decisions or outages of Amazon Web Services;
• our total liability for all claims in any 12-month period is limited to the amount you paid us during that period, or 100 euros if you are on the Free plan.

Nothing in these terms limits liability for gross negligence, willful misconduct, or any liability that cannot be limited by law.

§13Indemnity#

You will compensate us for any claim, fine or cost, including reasonable legal fees, that arises from the content you send, from your contacts' data, or from your breach of these terms or of the law.

§14Changes to these terms#

We may update these terms. If a change is material, we tell you by email or in the application at least 30 days before it takes effect. If you do not agree, you may cancel before that date. If you keep using Mailomia after that date, the new terms apply.

§15Governing law#

These terms are governed by French law. Before taking any legal action, the parties will try to settle the dispute amicably. Failing that, any dispute falls within the exclusive jurisdiction of the courts within whose jurisdiction our registered office is located, Marseille, France.

§16Contact#

IKL CONSULTING, 16 allée Sacoman, 13016 Marseille, France. Email: contact@mailomia.com.