Terms of Service

Please read and understand our customer terms of service. if you have any questions, please email us at [email protected]

Please read these Terms of Service carefully. By using MailNinja Limited or signing up for an account, You’re agreeing to these Terms. This is a legal agreement. If You do not agree to be bound by these Terms of Service, You are not permitted to use the MailNinja Limited service.

MailNinja Limited (the “Service”) is an email marketing service offered through the website URL www.mailninja.co (including any subdomains), and other sites through which We provide our Service (together referred to as the “Website”) that allow You to create, send and manage bulk email messages to individual recipients. Each such email message in respect of which You use the Service, including the image text and code comprised in it, is referred to in these Terms as a “Send”. A “Contact” is an email address stored in the contacts hosted as part of the Service.

MailNinja Limited is owned and operated by the Directors and the Team at MailNinja Limited.  We are a London-registered company, our registered office is 128 City Road, London, England, EC1V 2NX (registered in England and Wales under company number 08740980 and VAT number GB 203 3543 52)

“You” are a customer (user) of the Service.

These Terms of Service (together with our Privacy Policy, Cookies Policy and any other documents that We refer to, together referred to as “Terms”) define the terms and conditions under which You’re allowed to use the Service and how We’ll treat your account while You’re a user of the Service. If You have any questions about our terms, feel free to contact Us.

International Use

MailNinja Limited operates the Website in the United Kingdom.  If you choose to access our Website from locations outside the United Kingdom, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United Kingdom. You agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Website, if and to the extent local laws are applicable to use of our Website.  

Unless we have entered into a separate, mutually executed written agreement with you that says otherwise, we do not represent that our Website is appropriate or available for use in jurisdictions outside the United Kingdom. The right to access and use the Website is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render MailNinja Limited in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws.

Working schedule

  • We provide technical and operational support from 8am-6pm, Monday to Friday, within UK time zones (GMT/BST).
  • Please note that our stated turnaround times exclude weekends and public Bank Holidays.
  • We always have a scheduled shutdown period during the Christmas holidays. Our team will provide notice of the exact dates in advance, to ensure that clients and customers are aware of any potential service disruptions during this time.

Turnaround times

  • For information on our support turnaround times, please refer to our free and paid support plans shown here https://mailninja.co/email-marketing-support
  • We aim to resolve all queries within the same turnaround time, however for more complex queries we will acknowledge your request and provide a more accurate turnaround time for you where possible.

Payment processing

  • All payments are processed through our trusted payment processor, Stripe.
  • We do not store any credit or debit card information on our servers, as We take the security and privacy of our clients and customers very seriously.
  • You can rest assured that all payment information is handled in a safe and secure manner, in accordance with industry best practices and applicable data protection regulations.

Subscriptions

  • Subscription: If You register for a monthly subscription, this ‘Subscription’ section applies to You.
  • Subscription Renewal and Cancellation: Your subscription begins as soon as your initial payment is processed. Your subscription will auto-renew on the same day of each month until either We or You cancel the subscription, in which case it will end at the end of the then-current subscription period. You can cancel your subscription at any time by emailing Us or doing so in your account. Your payment is non-refundable, and your subscription will continue until the end of the current billing period. We reserve the right to cancel your subscription by emailing You at the email address specified in your account.
  • Subscription Fees: The Subscription Fees are subject to change at any time, but You will be notified of any change by email to the address listed on your account. We will also post a notice of the change on the Website. The change may take effect as soon as the beginning of the following billing period, however we will try to give you as much notice as possible.
  • Currency and Taxes: Subscription Fees are payable in the currency specified when You sign up for the Service and are exclusive of value-added tax (or other applicable sales tax), which shall be added at the appropriate rate.
  • Subscription Upgrades: At any time, You may upgrade your subscription to one that provides higher allocations of Sends or Contacts in respect of the Service. You can upgrade in your account dashboard. Your subscription will be calculated and prorated based on the cost of your upgraded subscription and commence a new subscription in place of your existing one. If You attempt to import contacts in excess of your current subscription level, You will be notified to upgrade your subscription plan. This will result in an upgrade in your subscription level and the applicable Subscription Fees (a “Subscription Upgrade”). Any incremental additional Subscription Fees associated with a Subscription Upgrade will be payable immediately. In any future subscription period, your Subscription Fees will reflect any such Subscription Upgrade.
  • Payment Information: You must replace the information for any credit card that expires with information for a different valid credit card. You represent and warrant that You are authorised to use any credit card You provide details of, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, We’re unable to process your credit card order, We’ll try to contact You by email and may suspend your account until your payment can be processed.
  • Refund Policy: As a company policy, we do not issue refunds unless a system malfunction caused a problem or your account was terminated without cause.
  • Termination: Either You or Us may terminate this Agreement upon written notice to the other party of a material breach, or if the other party becomes the subject of a petition in insolvency proceedings, bankruptcy, receivership, liquidation, or assignment for the benefit of its creditors.

Discounted services

  • MailNinja may offer certain Services to You at a discounted rate, as described on the Website (“Discounted Services”). Your usage of the Discounted Services is subject to the limits specified on the Website, and any usage in excess of those limits requires a paid subscription. MailNinja reserves the right to terminate your access to the Discounted Services at any time without prior notice, and shall have no liability in respect of such termination.
  • As a condition of using the Discounted Services, You agree to include “Powered By MailNinja” branding in the footer of ALL emails You send using the Services. This branding must remain in place for the duration of your use of the Discounted Services.

Fair use and abuse

General rules regarding use and misuse of the Service.

You promise to follow these rules:

  1. You won’t use the Services in any way that may cause Us legal liability or disrupt others’ use of the Service;
  2. You won’t use the Service in a way that may damage our business or reputation;
  3. You will not use the MailNinja service to promote or support any services or products related to;
    1. terrorism or violent extremism,
    2. pornographic or sexually explicit content and sexual encounter sites or services, escort services, mail-order bride/spouse finders, international marriage brokers, and other similar sites and services,
    3. exploitation or negative reference to any specific gender, sexuality or race,
    4. pharmaceutical products,
    5. work-at-home and make money online,
    6. lead generation opportunities, multi-level marketing and affiliate marketing,
    7. gambling services or products,
    8. credit repair and get out of debt opportunities,
    9. list brokers or list rental services,
    10. selling “likes” or followers for a social media platform,
    11. cryptocurrencies, virtual currencies, and any digital assets related to an Initial Coin Offering,
    12. counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights,
    13. any other legal services We deem as offensive or go against our code of ethics, such as firearms and tobacco related products and services.
  4. You won’t send spam. By “spam”, We mean the definition provided by Spamhaus;
  5. You will not use MailNinja to store or gather personal information and data relating to medical, religious or sexual preferences
  6. You won’t use purchased, rented, or third-party lists of email addresses;
  7. You will not use the MailNinja service to send cold or unsolicited emails;
  8. You will comply with all applicable data protection legislation, including the EU General Data Protection Regulation;
  9. You will not use the Services to send or receive any information that falls within the definition of “special categories of data” under EU General Data Protection Regulation 2016/679 (“GDPR“);

If You violate any of these rules, then We may suspend or terminate your account with no warning or notice. MailNinja reserves the right to take any legal action permitted by law against You, and may refer cases to law enforcement if necessary.

We reserve the right to refuse any company that We feel goes against our code of ethics, without the need for providing justification.

You shall:

  1. provide Us with all necessary cooperation in relation to the Service and all necessary access to such information as may be required by Us in order to provide You with the Service;
  2. comply with all applicable laws and regulations with respect to your Sends and activities under these Terms;
  3. obtain and shall maintain all necessary licences, consents, and permissions necessary for Us, our contractors and agents to perform our obligations under these Terms, including without limitation the Service;

As part of the Service, We will take action on your behalf any “unsubscribe” requests received from recipients of Sends You send using the Service.

Reporting abuse

If You become aware of any violations of these Terms, please notify Us immediately. If You receive spam that You believe came from a MailNinja user, We want to hear about it. Additionally, if You believe that any material posted by a MailNinja user violates copyright laws, You may notify Us at [email protected].

Third party integrations

We use Zapier to allow You to integrate third party applications. Please be aware, We do not provide any ongoing support for Zapier or any Third Party Integration You connect to your MailNinja account, and We are not responsible for any service providers You connect to our Service through a Third Party Integration.

You, not Us, have a user account with Zapier and each Third Party Integration. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the Sends or use of, or correspondence with, any Third Party Integration. Any contract entered into and any transaction completed by means of your use of the Service with any Third Party Integration is between You and the relevant third party, and not Us. We recommend that You refer to the third party’s website terms and conditions and privacy policy prior to using the relevant Third Party Integration.

Liability

You shall defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Service (or Us taking any action in relation to the Service at your direction) in breach of this Agreement, including any claim or action from a recipient of any Sends sent by means of the Service.

Our responsibility for loss or damage

This section sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to You:

  1. arising under or in connection with these Terms;
  2. in respect of any use made by You of the Service; and
  3. in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

Except as expressly and specifically provided in these Terms:

  1. You assume sole responsibility for results obtained from your use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Us by You in connection with the Service, or any actions taken by Us at your direction;
  2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
  3. the Service is provided to You on an “as is” basis. In particular, no warranty or representation is made that the Service will be available uninterrupted or error-free.

Nothing in these Terms excludes our liability:

  1. for death or personal injury caused by our negligence; or
  2. for fraud or fraudulent misrepresentation.
  3. Subject to applicable section above

We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any:

  1. loss of profits,
  2. loss of business,
  3. depletion of goodwill and/or similar losses,
  4. loss or corruption of data or information,
  5. pure economic loss, or
  6. special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
  7. our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the total Subscription Fees paid by You during the 12 months immediately preceding the date on which the claim arose.

Disclaimers: No Warranties

  • No Warranties: The website, and all data, information, software, website materials, content (whether owned or licensed), user content, reference sites, services, or applications made available in conjunction with or through the website (the “Mailninja offerings”), are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible pursuant to applicable law, MailNinja and affiliated parties disclaim any and all warranties and conditions of any kind, whether statutory, express or implied, including, but not limited to, all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement.  No advice or information, whether oral or written, obtained by you from MailNinja or through the website will create any warranty not expressly stated herein.
  • Content: MailNinja, and its affiliate parties, do not warrant that the website or any data, user content, functions, or any other information offered on or through the website will be uninterrupted, or free of errors, viruses or other harmful components, and do not warrant that any of the foregoing will be corrected. MailNinja and the affiliate parties make no representation or warranty that (1) the mailninja offerings will (a) meet your requirements or expectations, or be to your liking, or (b) will be timely, secure, accurate, free from errors or loss, or uninterrupted, (2) that the services are free from viruses or other harmful components, or (3) that any defects or errors will be corrected. Some features may be new or experimental and may not have been tested in any manner.
  • Harm to Your Computer: You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through the website (including through any API’s) is at your own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.
  • Limitations by Applicable Law: Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.

Force majeure

We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third party internet service providers.

Proprietary rights owned by Us

Subject to the limited rights expressly granted in these Terms, We reserve all our rights in and to the Services, including all of our related intellectual property rights (including patents, trademarks, trade secrets and copyrights). No rights are granted to You under these Terms other than as expressly set forth in these Terms. You will respect our proprietary rights. “MailNinja” and the “MailNinja” logo are trademarks belonging to the Directors of MailNinja Limited. You are not authorised by Us to use our trademarks or brand assets without prior permission. Any unauthorised use of our intellectual property rights is strictly prohibited and may result in legal action being taken against You.

In addition to our intellectual property rights, You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the Services, use of the Services, or access to the Services for any commercial purposes, without our prior written consent. You acknowledge that any unauthorised use or copying of the Services or our intellectual property may result in irreparable damage and significant harm to Us, for which monetary damages may be an inadequate remedy. We reserve the right to seek injunctive relief, in addition to all other remedies available at law or in equity, to protect our rights in and to the Services and our intellectual property.

Proprietary rights owned by You

By using the Service, You represent and warrant that You have obtained all necessary permissions to use and send any content, including but not limited to images, text, and multimedia files, included in your Sends. You retain full ownership of all Contact data and Sends You upload or create on our Service.

However, You hereby grant Us, our agents, and subcontractors a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt, and publish your Sends solely for the purpose of providing and ensuring proper operation of the Service.

You acknowledge and agree that We may use your Sends in an anonymised manner, without identifying You or your recipients, for the purposes of improving our spam identification techniques. You agree that We shall have no liability for any loss or damage resulting from the use of your Sends in accordance with these terms.

Privacy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy is treated as part of these Terms.

Term and Termination 

  • Term: These Terms shall remain in full force and effect while you use the Website as provided in these Terms.
  • Termination by MailNinja: MailNinja, in its sole discretion, for any or no reason, and without penalty, may restrict, suspend or terminate your use of the Service, and remove and discard all or any part of your user content at any time.  MailNinja may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice.  You agree that any termination of your access to the Service, or portion thereof, may be affected without prior notice, and you agree that MailNinja will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MailNinja may have at law or in equity.
  • Termination by You: Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any term of these Terms and Conditions, (iii) Guidelines, (iv) any policy or practice of MailNinja in operating the Service, or (v) any content or information transmitted through the Service, is to terminate the Terms.  You may terminate these Terms at any time (prospectively only) by discontinuing use of any and all parts of the Service.

Waiver

  1. In the event that We do not immediately enforce these terms or delay in taking any action against You for violating these terms, it does not mean that We waive our right to enforce them at a later time. You are still required to comply with these terms and any delay or lack of enforcement by Us shall not be construed as a waiver of our right to take any action against You for any violation of these terms.

Entire agreement

  1. These Terms, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
  2. Each of the parties acknowledges and agrees that in entering into these Terms it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these Terms or not) relating to the subject matter of these Terms, other than as expressly set out in these Terms.

Assignment

  1. You shall not, without our prior written consent of Us, assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.
  2. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under these Terms.

Third party rights

No person other than Us and You shall have any rights under the law of England to enforce any of these terms. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any other person.

If You are a business: governing law and jurisdiction

  1. These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England.
  2. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

Severability

If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Survival

Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to; Privacy policy, Modification of the Terms, Proprietary materials, and Fair use and abuse.

Modification of the Terms

MailNinja reserves the right to modify these terms and conditions at any time, in its sole discretion. Any such modifications will be effective immediately upon posting on the MailNinja website or by other means of communication with you. Your continued use of the Service after any such modifications shall constitute your consent to such modifications. It is your responsibility to review these terms and conditions periodically to ensure that you are aware of any changes. If you do not agree to the modified terms and conditions, you must stop using the Service immediately.