Terms of Service

Last Updated: December 9, 2024 | Effective Date: December 9, 2024

1. Introduction and Acceptance

Welcome to MailSentinel ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the MailSentinel platform, website, applications, APIs, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

2. Definitions

  • "Account" means your registered account with MailSentinel.
  • "Authorized Users" means individuals authorized by you to access the Service under your Account.
  • "Customer Data" means all data, information, and content that you or your Authorized Users submit to the Service.
  • "DMARC Reports" means Domain-based Message Authentication, Reporting, and Conformance aggregate and forensic reports.
  • "Documentation" means the user guides, help files, and technical documentation made available by MailSentinel.
  • "Subscription" means the paid plan that grants you access to specific features and capabilities.
  • "Free Tier" means the complimentary access to limited features of the Service.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an Account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You must immediately notify us of any unauthorized use of your Account or any other breach of security.

3.3 Account Requirements

  • You must be at least 18 years old to create an Account.
  • You must provide a valid email address.
  • You may not create multiple free accounts to circumvent usage limits.
  • Business accounts must be registered by an authorized representative.

4. Service Description

4.1 Core Services

MailSentinel provides email authentication monitoring services, including but not limited to:

  • DMARC aggregate and forensic report collection and analysis
  • SPF (Sender Policy Framework) record monitoring and validation
  • DKIM (DomainKeys Identified Mail) selector discovery and verification
  • DNS record monitoring and change detection
  • Email authentication dashboards and analytics
  • Alerting and notification services
  • Free diagnostic tools for public use

4.2 Service Availability

We strive to maintain 99.9% uptime for the Service. However, the Service may be temporarily unavailable for scheduled maintenance, updates, or due to circumstances beyond our reasonable control.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. For paid subscribers, we will provide at least 30 days' notice before discontinuing core features, unless required by law or security concerns.

5. Subscriptions, Billing, and Payment

5.1 Free Tier

The Free Tier provides limited access to the Service at no cost. Free Tier features and limits may be modified at any time. Free Tier accounts that remain inactive for 12 months may be deleted after notice.

5.2 Paid Subscriptions

Paid subscriptions unlock additional features, higher limits, and priority support. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.

5.3 Payment Terms

  • All fees are exclusive of applicable taxes unless stated otherwise.
  • Payment is due upon subscription activation and on each renewal date.
  • We accept major credit cards and other payment methods as displayed at checkout.
  • Failed payments may result in service suspension after a 7-day grace period.

5.4 Price Changes

We may change our prices at any time. For existing subscribers, price changes will take effect at the next renewal period, and we will provide at least 30 days' notice before the price change takes effect.

5.5 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel auto-renewal at any time through your Account settings.

6. Refund Policy

Please see our separate Refund Policy for detailed information about refunds and cancellations. Key points include:

  • 30-Day Money-Back Guarantee: New subscribers may request a full refund within 30 days of initial purchase.
  • Annual Plans: Pro-rated refunds available within 60 days for annual subscriptions.
  • No Questions Asked: We honor refund requests without requiring justification.

7. Acceptable Use Policy

7.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to use the Service only to monitor domains that you own or have explicit authorization to monitor.

7.2 Prohibited Activities

You agree NOT to:

  • Use the Service to monitor domains without proper authorization
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service for any illegal purpose or to violate any laws
  • Transmit malware, viruses, or other harmful code
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to reverse engineer, decompile, or disassemble the Service
  • Resell, sublicense, or redistribute the Service without authorization
  • Use automated systems to excessively scrape or burden the Service
  • Impersonate any person or entity or misrepresent your affiliation
  • Collect or harvest user information without consent

7.3 API Usage

If you access the Service via API, you must comply with our API documentation and rate limits. Excessive API calls may result in temporary or permanent access restrictions.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by MailSentinel and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 Your Content

You retain ownership of Customer Data you submit to the Service. By submitting Customer Data, you grant us a limited license to use, process, and store such data solely to provide and improve the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback without obligation to you.

9. Data and Privacy

9.1 Privacy Policy

Our Privacy Policy describes how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

9.2 Data Processing

For customers subject to GDPR or other data protection regulations, our Data Processing Agreement governs how we process personal data on your behalf.

9.3 Data Retention

We retain Customer Data in accordance with your subscription plan:

  • Free Tier: 90 days of DMARC report data
  • Pro Plan: 1 year of historical data
  • Enterprise Plan: Custom retention periods available

9.4 Data Portability

You may export your data at any time through the Service or by contacting support. We will provide data exports in standard formats within 30 days of request.

10. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to disclose it to third parties except as necessary to perform obligations under these Terms.

"Confidential Information" includes, but is not limited to, business plans, technical data, product plans, customer lists, financial information, and any information marked as confidential.

11. Disclaimers

11.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Guarantee of Results

We do not guarantee that the Service will detect all email authentication issues, prevent all spoofing attacks, or ensure email deliverability. Email authentication is complex and depends on many factors outside our control.

11.3 Third-Party Services

The Service may integrate with third-party services. We are not responsible for the availability, accuracy, or content of such third-party services.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAILSENTINEL 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.

12.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

12.3 Exceptions

These limitations do not apply to liability arising from gross negligence, willful misconduct, or breach of confidentiality obligations.

13. Indemnification

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

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of any third party
  • Your Customer Data
  • Your unauthorized use of the Service

14. Term and Termination

14.1 Term

These Terms commence when you first access the Service and continue until terminated by either party.

14.2 Termination by You

You may terminate your Account at any time by contacting support or through your Account settings. Upon termination, your access to the Service will cease immediately.

14.3 Termination by Us

We may terminate or suspend your Account immediately if:

  • You breach these Terms
  • You fail to pay applicable fees
  • We are required to do so by law
  • Your use poses a security risk

14.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days after termination to allow you to export it, after which it will be deleted unless legally required to retain it.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@mailsentinel.io to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

15.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and the seat shall be Delaware, USA.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15.4 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction to prevent imminent harm or protect intellectual property rights.

16. General Provisions

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions.

16.2 Entire Agreement

These Terms, together with the Privacy Policy, DPA, and any other policies referenced herein, constitute the entire agreement between you and MailSentinel regarding the Service.

16.3 Severability

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

16.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

16.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Notices

We may provide notices to you via email to the address associated with your Account or by posting on the Service. You should send notices to us at legal@mailsentinel.io.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. For material changes that adversely affect your rights, we will provide at least 30 days' notice before the changes take effect.

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

18. Contact Information

If you have any questions about these Terms, please contact us:

MailSentinel

Email: legal@mailsentinel.io

Support: support@mailsentinel.io

Website: https://mailsentinel.io