Terms of Service

1. Acceptance and scope

MailKatana provides tools for transactional email, lifecycle and marketing campaigns, recipient and event management, and hosted inbox and mailbox workflows. These Terms apply to your use of all of those product surfaces unless a separate written agreement with MailKatana says otherwise.

Your use of the Services is also subject to our Privacy Policy, which explains how we handle personal data.

2. Accounts and eligibility

You must be legally able to enter into these Terms and use the Services only for business or other lawful purposes. You are responsible for:

• providing accurate account, billing, and workspace information;
• maintaining the confidentiality of credentials and API keys;
• controlling workspace access, mailbox access, and role assignments;
• promptly notifying MailKatana of unauthorized access or security incidents.

3. Acceptable use

You may not use the Services to:

• send spam, phishing, malware, or unlawful or deceptive content;
• circumvent unsubscribes, suppressions, bounces, complaint handling, or rate limits;
• probe, disrupt, or interfere with the security or availability of the Services;
• access mailboxes, messages, or accounts without authorization;
• use the Services in a way that harms recipients, other customers, or platform deliverability;
• violate applicable law, including privacy, consumer protection, anti-spam, and export laws.

4. Sending and deliverability

You are responsible for the email you send through MailKatana, including recipient targeting, message content, consent where required, and compliance with unsubscribe and suppression obligations. MailKatana may apply technical controls, throughput limits, attachment limits, and review steps to protect the platform and maintain deliverability.

Delivery outcomes depend on many third-party and external factors, including recipient servers, sender reputation, content, authentication setup, and recipient engagement. MailKatana does not guarantee inbox placement, delivery rates, or uninterrupted availability of third-party channels.

5. Mailboxes and inbox use

If you use mailbox, IMAP, SMTP, forwarding, alias, or webmail features, you remain responsible for the content stored or routed through those features and for the actions of your users. Mailbox features are intended for legitimate human inbox workflows and related business operations, not for abusive bulk messaging or unauthorized surveillance.

Storage limits, message size limits, retention behavior, and operational constraints may apply to mailbox features. MailKatana may modify technical limits as the product evolves.

6. Customer data and content

As between you and MailKatana, you retain ownership of your content, contact data, mailbox data, templates, and other data you submit to the Services. You grant MailKatana a limited right to host, copy, transmit, process, and display that data only as necessary to provide, secure, support, and improve the Services.

You represent that you have all rights and permissions needed to use the data you submit and to instruct MailKatana to process it. You are responsible for backups and for exporting any data you need before account closure, except to the extent required by law.

7. Fees and payment

Paid plans, mailbox add-ons, and other billable features are subject to the pricing, usage limits, and billing terms presented at the time of purchase or in a separate order or agreement. Unless otherwise stated, fees are non-refundable and exclusive of applicable taxes.

If payment is overdue, MailKatana may suspend or limit access to paid features after providing reasonable notice where practical. You are responsible for any taxes, duties, or governmental assessments associated with your use of the Services, other than taxes based on MailKatana's net income.

8. Subscriptions and cancellation

If you purchase a recurring plan, your subscription renews automatically for the same billing cycle unless you cancel it before the next renewal date. Billing cycles may be monthly, annual, or another interval stated at checkout or in your order terms.

You may cancel a recurring subscription through the product when that option is available or by contacting MailKatana support. Unless otherwise stated in writing, cancellation takes effect at the end of the current prepaid term, and prepaid fees are non-refundable except where required by law.

MailKatana may change fees from time to time. If we make a material pricing change to a recurring plan, we will provide reasonable advance notice, and the change will apply no earlier than your next renewal term.

9. Suspension and termination

You may stop using the Services at any time. MailKatana may suspend or terminate your access immediately if we reasonably believe you breached these Terms, created security or abuse risk, failed to pay fees, or used the Services in a way that could harm MailKatana, recipients, or other customers.

Sections that by their nature should survive termination, including payment obligations, intellectual property provisions, disclaimers, liability limits, and dispute-related terms, will survive.

10. Intellectual property

MailKatana and its licensors retain all rights, title, and interest in the Services, including software, branding, site design, documentation, and related intellectual property. These Terms do not give you ownership of the Services or any MailKatana trademarks, except for the limited rights needed to use the Services as permitted here.

11. Disclaimers and liability

The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, MailKatana disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by law, MailKatana will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, data, or business opportunity, even if advised of the possibility of those damages.

To the maximum extent permitted by law, MailKatana's total liability arising out of or relating to the Services or these Terms will not exceed the amounts you paid to MailKatana for the Services during the 12 months before the event giving rise to the claim.

12. Governing law and venue

To the extent permitted by law, these Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Services are governed by the laws of the State of Wyoming, excluding its conflict of laws rules.

The parties agree to the exclusive jurisdiction and venue of the state courts located in Sheridan County, Wyoming and, where federal jurisdiction applies, the United States District Court for the District of Wyoming.

13. Severability, waiver, and entire agreement

If any provision of these Terms is found to be invalid, unenforceable, or illegal, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.

Any failure by MailKatana to enforce a provision of these Terms is not a waiver of that provision or any other provision. A waiver is effective only if it is in writing and signed by an authorized representative of MailKatana.

These Terms, together with any applicable order form and the Privacy Policy, constitute the entire agreement between you and MailKatana regarding the Services and supersede prior or contemporaneous understandings about the same subject matter.

14. Changes to these terms

MailKatana may update these Terms from time to time. When we make material changes, we will update the date above and may provide additional notice where appropriate. Your continued use of the Services after the effective date of the updated Terms means you accept the revised Terms.

15. Contact us

For legal notices, support questions, or other inquiries about these Terms, contact MailKatana at [email protected].