Terms governing MailMama accounts, subscriptions, features, and use of the service.
Terms of Service
Effective Date: September 5, 2026
Company: MailMama Software LLC
Company Address: 75 E 3rd St, Sheridan, WY 82801, United States
Website: https://mailmama.net/
Email: info@mailmama.net
These Terms of Service constitute a binding agreement between you and MailMama Software LLC. Please read them carefully before creating an account or subscribing to any plan.
1. Introduction and Acceptance
These Terms of Service (the “Terms”) govern your access to and use of the websites, applications, hosted email services, application programming interfaces, and related features made available by MailMama Software LLC, a limited liability company organized under the laws of the State of Wyoming, United States (the “Company”, “MailMama”, “we”, “us”, or “our”). The services covered by these Terms are referred to collectively as the “Service”.
By creating an account, subscribing to a plan, accessing the Service, or using any part of the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not create an account or use the Service.
If you are entering into these Terms on behalf of a company, organization, partnership, or other legal entity, you represent that you have the authority to bind that entity, and the terms “you”, “your”, and “Customer” refer to that entity. If you do not have that authority, you must not accept these Terms or use the Service on behalf of that entity.
These Terms incorporate by reference the following documents, each of which forms part of this agreement: the Privacy Policy, the Acceptable Use Policy, the Refund and Cancellation Policy, the Cookie Policy, and, where applicable, the Data Processing Addendum. In the event of a conflict between these Terms and an incorporated document, these Terms control unless the incorporated document expressly states otherwise.
2. Definitions
For the purposes of these Terms, the following definitions apply.
“Account” means the registered account through which you access and administer the Service, including any administrative, billing, or mailbox-level access associated with it.
“Account Owner” means the natural person or legal entity in whose name an Account is registered and who is responsible for the Account and for all charges incurred under it.
“Authorized User” means any individual whom you permit to access or use the Service under your Account, including mailbox users, administrators, and technical contacts.
“Customer Content” means all data, files, messages, attachments, contacts, calendar entries, configuration settings, domain records, and other material that you or your Authorized Users transmit to, store in, generate within, or receive through the Service.
“Customer Domain” means any internet domain name that you connect to the Service for the purpose of hosting or routing email.
“Documentation” means the technical documentation, help articles, setup guides, plan descriptions, and published limits made available by MailMama in connection with the Service.
“Order” means a completed checkout, subscription confirmation, invoice, renewal, or other transaction under which you subscribe to a plan.
“Plan” means a subscription tier offered by MailMama, together with its published features, storage allocation, limits, and price.
“Subscription Term” means the period for which you have subscribed to a Plan, beginning on the activation date and continuing for the period stated at checkout, together with any renewal periods.
“Third-Party Service” means any product, platform, integration, network, or service operated by a party other than MailMama, including external email providers, domain registrars, DNS operators, payment processors, and infrastructure vendors.
3. Eligibility
You may use the Service only if you are at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction. The Service is not directed to, and may not be used by, individuals under the age of 18. If we become aware that an Account has been registered by a person under the age of 18, we may suspend or terminate that Account.
The Service is intended primarily for business, professional, and organizational use. Individual consumers may subscribe where permitted by applicable law, and where you qualify as a consumer under the law of your country of residence, the mandatory consumer protections described in Section 31 apply to you.
You may not use the Service if you are barred from doing so under the laws of the United States, the State of Wyoming, or the jurisdiction in which you reside or operate, or if you are subject to the restrictions described in Section 28.
You must provide accurate, current, and complete information when registering an Account and must keep that information up to date throughout the Subscription Term. We may suspend or terminate an Account if the information provided is inaccurate, incomplete, misleading, or cannot be verified.
4. Account Registration, Verification, and Security
4.1 Registration
Access to the Service requires the creation of an Account. During registration you may be asked to provide a name, business name, contact email address, billing information, and information about the Customer Domains you intend to use.
4.2 Verification
We may, at our discretion and at any time, require verification of your identity, your business, your control of a Customer Domain, your billing details, or your intended use of the Service. Verification may be performed directly or through third-party verification providers. We may delay activation, restrict features, suspend sending capability, or decline to provide the Service where verification is not completed or where the results of verification are inconsistent with the information you provided.
4.3 Domain Control
You represent that you own or are lawfully authorized to use each Customer Domain you connect to the Service, and that you are authorized to make the DNS and authentication changes required to operate email on that domain. We may require proof of domain control before activating mail delivery for a Customer Domain, and we may disable a Customer Domain where control is disputed, withdrawn, or cannot be confirmed.
4.4 Account Security
You are responsible for maintaining the confidentiality of all credentials, passwords, application-specific passwords, access tokens, and API keys associated with your Account, and for all activity that occurs under your Account, whether or not authorized by you. You must use strong, unique credentials, enable available security features, and restrict administrative access to individuals who require it.
You must notify us promptly at info@mailmama.net if you become aware of any unauthorized access to your Account, any compromise of credentials, any suspected breach of security, or any unauthorized use of a Customer Domain. We may reset credentials, revoke tokens, restrict access, or suspend affected mailboxes where we reasonably believe this is necessary to protect the Service, your data, or other customers.
MailMama will never ask you to disclose your password, authentication codes, private keys, or full payment card details by email, telephone, or through a general contact form. You must not send such information to us through those channels.
5. Description of the Service
MailMama provides subscription-based business email hosting and email productivity tools. Depending on your Plan and configuration, the Service may include hosted mailboxes on Customer Domains, email aliases, catch-all addresses, forwarding, webmail access, access through supported mobile and desktop applications, support for common email protocols including JMAP, IMAP, POP3, and SMTP, support for domain authentication methods including DKIM, SPF, and DMARC, spam and virus filtering, a unified inbox for connecting supported third-party email accounts, scheduled sending, email tracking, AI-assisted summaries and reply drafting, and application programming interface access for supported functions.
The features available to you depend on the Plan you purchase, your configuration, the Documentation in effect at the time, the behavior of Third-Party Services, and applicable technical limits. Feature descriptions published on the website or in marketing material are descriptions of functionality and do not constitute warranties, performance guarantees, or commitments regarding business outcomes.
MailMama does not provide bulk email marketing services, mailing list rental or brokerage, sender reputation management, lead generation, anonymous or disposable email services, payment processing, money transmission, custody of customer funds, cybersecurity certification or monitoring services, regulated archiving, or legal, tax, accounting, financial, or compliance advice.
6. Plans, Storage, and Usage Limits
6.1 Plans
Plans, their features, their storage allocations, and their prices are published at https://mailmama.net/ and are incorporated into your Order at the time of purchase. Plans are billed on an annual basis unless a different billing period is expressly offered and selected at checkout.
6.2 Shared Storage
Storage allocations are shared across the Account rather than allocated per mailbox. Storage consumption includes messages, attachments, drafts, sent items, items in trash or spam folders, and other stored data associated with the Account, measured in accordance with our then-current measurement method described in the Documentation.
Where an Account approaches or exceeds its storage allocation, we may notify you, restrict the receipt of new messages, reject incoming mail, restrict sending, or require an upgrade or the deletion of stored data. We are not responsible for messages that are rejected, bounced, delayed, or not delivered as a result of an Account exceeding its storage allocation.
6.3 Features Described as Unlimited
Where a Plan describes mailboxes, aliases, or domains as unlimited, that description means that MailMama does not apply a fixed numerical cap or a per-user or per-seat fee to that feature. It does not mean that use is unrestricted. All use of the Service remains subject to the shared storage allocation, to the technical and fair-use limits described in Section 6.4, to the Acceptable Use Policy, and to the capacity of the underlying infrastructure.
6.4 Technical and Fair-Use Limits
We apply technical and fair-use limits to protect the stability, security, and deliverability of the Service for all customers. These limits may include, without limitation, limits on outbound message volume per hour and per day, limits on the number of recipients per message, limits on message and attachment size, limits on the rate of connections and authentication attempts, limits on API request rates, limits on the number of concurrent sessions, limits on the creation of mailboxes, aliases, and domains within a given period, and limits on the retention of data in specific folders.
The limits applicable to your Plan are published in the Documentation and may be adjusted where reasonably necessary for security, abuse prevention, capacity management, deliverability, or compliance with the requirements of Third-Party Services and receiving mail networks. We may also apply individualized limits to an Account where usage patterns indicate elevated risk, abuse, or a material effect on other customers.
Usage that materially exceeds the typical usage of comparable customers on the same Plan, or that adversely affects the operation of the Service or the deliverability of other customers, may result in throttling, feature restriction, a requirement to upgrade, suspension, or termination in accordance with Section 24.
7. Fees, Taxes, and Billing
7.1 Fees
You agree to pay all fees applicable to your Plan as stated at checkout or on the applicable invoice. Fees are quoted in United States dollars unless expressly stated otherwise. Subscription fees are charged in advance for the full Subscription Term.
7.2 Taxes
All prices displayed on the website and at checkout are exclusive of taxes. You are responsible for all sales taxes, use taxes, value added tax, goods and services tax, digital services taxes, and similar taxes, duties, levies, and government charges applicable to your purchase, other than taxes based on MailMama’s net income.
Where MailMama is required to collect tax on a transaction, the applicable tax will be calculated and added at checkout or on the invoice based on the billing and location information you provide. You are responsible for providing accurate location and tax-status information, including any valid tax identification or exemption number. If the information you provide is incorrect and additional tax becomes payable, you remain responsible for that amount.
Where you are required by law to withhold any amount from a payment to MailMama, you must gross up the payment so that MailMama receives the full amount stated on the invoice.
7.3 Payment Methods
Payment card transactions are processed at checkout by our third-party payment processor. MailMama does not receive, process, or store full payment card numbers. Where offered and approved, payment by ACH bank transfer or wire transfer is available on an invoiced basis rather than at checkout. Additional verification, minimum contract values, or advance approval may apply to invoiced payment methods, and invoiced payment is not available for all Plans or all customers.
The seller of record for all transactions is MailMama Software LLC. Invoices and payment card statement descriptors identify MailMama Software LLC. If you do not recognize a charge, contact us at info@mailmama.net before initiating a dispute with your bank or card issuer, as described in Section 9.
7.4 Authorization
By providing a payment method, you authorize MailMama and its payment processor to charge that payment method for all fees due under your Order, including renewal fees, applicable taxes, and any amounts arising from a Plan change, in accordance with these Terms. You represent that you are authorized to use the payment method you provide.
7.5 Price Changes
We may change the price of a Plan. A price change does not affect the fees for a Subscription Term that has already been paid. Where a price change will apply to your renewal, we will notify you by email at least thirty (30) days before the renewal date. If you do not accept the new price, you may cancel before the renewal date in accordance with Section 8.
7.6 Failed and Overdue Payments
If a payment fails or an invoice remains unpaid after its due date, we may retry the charge, notify you, and suspend or restrict access to the Service until payment is received. Where an Account remains unpaid for a period stated in our notice, we may terminate the Account and delete the associated data in accordance with Section 25. Overdue invoiced amounts may accrue interest at the lower of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, together with reasonable costs of collection, except where you are a consumer and applicable law provides otherwise.
8. Automatic Renewal and Cancellation
8.1 Automatic Renewal
Subscriptions renew automatically. Unless you cancel before the end of the current Subscription Term, your subscription will renew for a further term of the same length, and the payment method on file will be charged the then-current price for your Plan, plus applicable taxes, on or shortly after the renewal date. This automatic renewal is disclosed at checkout and you consent to it when you complete your Order.
8.2 Renewal Notice
For subscriptions with a term of one year or longer, we will send a renewal reminder to the email address associated with your Account at least thirty (30) days before the renewal date. The reminder will identify the Plan, the renewal date, the amount to be charged, and the method by which you may cancel.
8.3 How to Cancel
You may cancel automatic renewal at any time before the renewal date through the account settings in your MailMama dashboard, or by sending a cancellation request to info@mailmama.net from the email address associated with the Account. Cancellation requests submitted by email take effect when we process them; we will confirm cancellation in writing. You do not need to contact support, complete a retention call, or provide a reason in order to cancel.
8.4 Effect of Cancellation
Cancellation stops future renewals. It does not, by itself, terminate your current Subscription Term or entitle you to a refund of fees already paid, except as provided in the Refund and Cancellation Policy or as required by applicable law. Unless you request immediate termination, your access to the Service continues until the end of the Subscription Term that has been paid for, after which the Account moves to the post-termination process described in Section 25.
9. Refunds, Withdrawal Rights, and Payment Disputes
9.1 Refunds
Refund eligibility, windows, exclusions, and the procedure for requesting a refund are set out in the Refund and Cancellation Policy, which forms part of these Terms. In summary, and subject to the conditions stated in that policy, a full refund of the initial subscription fee is available on request within thirty (30) days of the initial purchase, and a more limited refund window applies to renewal charges. Refunds are issued to the original payment method.
9.2 Statutory Withdrawal Rights
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction granting a statutory right of withdrawal for distance contracts, you have a right to withdraw from the contract within fourteen (14) days of its conclusion without giving a reason. Where you expressly request that the Service begin during that withdrawal period and acknowledge that you will lose the right of withdrawal once the Service has been fully performed, the statutory right ends when performance is complete. Where the Service has begun but is not fully performed, you may still withdraw and will be charged an amount proportionate to what has been supplied. These statutory rights exist in addition to, and are not limited by, the contractual refund rights described in Section 9.1.
9.3 Payment Disputes and Chargebacks
If you believe a charge is incorrect, contact us at info@mailmama.net within sixty (60) days of the charge and we will investigate and respond. Initiating a chargeback or payment dispute without first contacting us delays resolution and may result in the immediate suspension of the Account pending the outcome.
Where a chargeback is raised, we may submit records relating to the transaction to the payment processor or card issuer, including the Order, the terms accepted at checkout, activation and access logs, correspondence, and usage records, to the extent permitted by applicable law and our Privacy Policy. Where a chargeback is resolved in our favor or is determined to have been raised without a valid basis, we may suspend or terminate the Account, require payment of the disputed amount together with any fees charged to us by the payment processor before reinstating the Service, and decline to provide the Service to you in the future.
10. Acceptable Use
Your use of the Service is subject to the Acceptable Use Policy, which forms part of these Terms and which you must read before using the Service. The Acceptable Use Policy sets out prohibited conduct and content, anti-spam requirements, sending and abuse controls, complaint handling, and the consequences of a violation.
Without limiting the Acceptable Use Policy, you must not use the Service to send unsolicited bulk or commercial email, to distribute malware or phishing content, to engage in fraudulent, deceptive, or misleading activity, to harvest or purchase recipient addresses, to conceal the identity of the sender, to evade sender reputation systems, filtering systems, blocklists, or the controls of any email provider, to transmit unlawful content, to infringe the rights of others, or to interfere with the operation or security of the Service or of any other network.
You are responsible for the conduct of all Authorized Users and for all use of the Service under your Account. You must ensure that your Authorized Users are aware of and comply with these Terms and the Acceptable Use Policy.
11. Customer Content
11.1 Ownership
As between you and MailMama, you retain all right, title, and interest in and to Customer Content. MailMama claims no ownership of Customer Content.
11.2 Limited License to Operate the Service
You grant MailMama a non-exclusive, worldwide, royalty-free license to host, store, transmit, route, index, scan, cache, back up, reproduce, and display Customer Content, and to create derived technical records from it, solely to the extent necessary to operate, secure, maintain, support, and deliver the Service to you and to comply with applicable law. This license terminates when the relevant Customer Content is deleted from the Service and from routine backups in accordance with our retention schedule, except where retention is required by law or is necessary to establish, exercise, or defend legal claims.
MailMama does not sell Customer Content, does not use the content of your email messages for advertising, and does not use Customer Content to train generative artificial intelligence models of its own.
11.3 Your Responsibility for Customer Content
You represent and warrant that you have all rights, consents, and legal bases necessary for Customer Content to be transmitted to, processed by, and stored in the Service, and that Customer Content and its use do not violate applicable law or the rights of any third party.
You are responsible for determining whether the Service is appropriate for the categories of information you choose to transmit or store. Email is not a secure medium by design, and the Service is a general-purpose business email product. It is not designed, marketed, or certified for the storage or transmission of information subject to sector-specific regulatory regimes, including without limitation protected health information under United States health privacy law, payment card data subject to the Payment Card Industry Data Security Standard, classified or export-controlled government information, or information requiring regulated retention or archiving. You must not use the Service for such information unless you have entered into a separate written agreement with MailMama that expressly permits it.
11.4 Filtering and Automated Processing
The Service applies automated processing to messages in order to operate, including spam and virus filtering, malware scanning, routing, indexing for search, abuse detection, and the enforcement of limits. Automated filtering is probabilistic. Legitimate messages may be classified as spam and unwanted or harmful messages may be delivered. You are responsible for reviewing quarantine and spam folders and for configuring the filtering options available to you.
12. AI-Assisted Features
Where AI-assisted features such as message summaries or reply drafting are available and enabled, the content of the relevant messages, together with related metadata, is processed in order to generate the requested output. That processing may be performed using third-party artificial intelligence providers engaged by MailMama as subprocessors. The categories of subprocessor engaged for this purpose, and the data protection terms that apply to them, are described in the Privacy Policy and in our subprocessor disclosures.
AI-assisted features are optional. Where a control to disable them is made available in your Account settings, you may turn them off. Where AI-assisted features are enabled for an Account, they may process message content belonging to the Account, including content authored by third parties who have sent messages to you. You are responsible for determining whether enabling these features is appropriate for your organization, for informing your Authorized Users, and for meeting any notice, consent, or legal-basis requirements that apply to you under applicable data protection law.
Output generated by AI-assisted features is produced automatically and may be inaccurate, incomplete, outdated, misleading, or unsuitable for your purpose. It does not constitute advice of any kind. You must review all AI-generated output before relying on it or sending it. MailMama does not warrant the accuracy, completeness, or fitness for purpose of AI-generated output and is not liable for decisions taken or messages sent on the basis of it.
You must not use AI-assisted features to generate content that violates the Acceptable Use Policy, including deceptive, fraudulent, impersonating, or unlawful content.
13. Email Tracking Features
Where email tracking features are available and enabled, the Service may record technical events associated with messages you send, such as whether and when a message was opened or a link within it was visited, together with associated technical data. The specific events recorded, the data retained, the retention period, and the controls available to you are described in the Documentation and in the Privacy Policy.
Email tracking is optional and is controlled by you. Where you enable it, you act as the party determining the purposes and means of that processing in relation to your recipients. You are solely responsible for ensuring that your use of tracking complies with all laws applicable to you and to your recipients, including data protection and electronic communications laws that may require transparency, a lawful basis, or the prior consent of the recipient. In several jurisdictions, including the European Union and the United Kingdom, the use of tracking technologies in email is regulated and may require recipient consent.
MailMama provides tracking as a technical feature and does not advise on its lawfulness in your circumstances. We may restrict, limit, or disable tracking functionality for specific Accounts, jurisdictions, or use cases where we consider it necessary for legal, regulatory, deliverability, or abuse-prevention reasons.
14. Third-Party Services and Unified Inbox
The Service may allow you to connect external email accounts and other Third-Party Services, including accounts operated by major consumer and business email providers, using credentials or authorization tokens that you supply. Those connections are made at your direction and depend on the settings, permissions, availability, technical interfaces, and terms of the relevant provider.
MailMama is not affiliated with, endorsed by, sponsored by, or acting as an official partner or authorized integrator of any third-party email provider, unless we expressly state otherwise in writing. Trademarks and product names referenced in the Service or in our materials belong to their respective owners and are used only to identify compatibility.
We do not control Third-Party Services and are not responsible for their availability, performance, security, data handling, pricing, changes, or discontinuation. A Third-Party Service may change its interfaces, restrict access, revoke authorization, or terminate compatibility at any time, which may cause a connected feature to stop working. Such an event does not constitute a failure of the Service by MailMama and does not entitle you to a refund, except as required by applicable law.
Your use of a Third-Party Service is governed by the agreement between you and that provider. You are responsible for complying with that agreement and for holding the rights necessary to connect the relevant account to the Service.
15. API Access
Where API access is included in your Plan, you may use the API solely to interact with your own Account and Customer Content, in accordance with the Documentation, the authentication requirements, and the published rate limits.
You must not use the API to circumvent Plan limits, storage allocations, sending limits, or security controls; to build a product that resells, white-labels, or provides substantially the functionality of the Service to third parties without our prior written agreement; to conduct automated scraping or extraction beyond your own Account data; or to send email in a manner prohibited by the Acceptable Use Policy. We may throttle, suspend, or revoke API credentials where usage is excessive, insecure, or inconsistent with these Terms, and we may change, deprecate, or discontinue API endpoints with reasonable notice where practicable.
16. Intellectual Property
The Service, including all software, source code, interfaces, designs, text, graphics, documentation, trademarks, service marks, logos, and the selection and arrangement of the foregoing, is owned by MailMama or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights in the Service are transferred to you.
Subject to your compliance with these Terms and your payment of the applicable fees, MailMama grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the Subscription Term for your internal business or personal purposes.
You must not copy, modify, translate, adapt, or create derivative works of the Service; reverse engineer, decompile, or disassemble any part of the Service except to the extent that such restriction is prohibited by applicable law; rent, lease, lend, sell, sublicense, or otherwise make the Service available to third parties except as expressly permitted; remove or obscure proprietary notices; use the Service to build a competing product; or conduct benchmarking, load testing, penetration testing, or vulnerability scanning against the Service without our prior written consent.
If you provide suggestions, feedback, or ideas regarding the Service, you grant MailMama a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate them without obligation or compensation to you.
17. Privacy and Data Protection
Our collection and use of personal information in connection with the Service is described in the Privacy Policy, which forms part of these Terms.
Where you use the Service to process personal data of your own customers, employees, contacts, or other individuals, and where data protection law applies to that processing, you act as the controller or business and MailMama acts as the processor or service provider in respect of that data. In that case, the Data Processing Addendum applies and governs the processing, including our obligations in relation to confidentiality, security, subprocessors, assistance, international transfers, and deletion. Where a signed Data Processing Addendum is required for your compliance, contact us at info@mailmama.net.
You are responsible for establishing a lawful basis for the personal data you transmit to or store in the Service, for providing required notices to the individuals concerned, and for responding to their requests in respect of data under your control.
18. Confidentiality
Each party may receive non-public information from the other that is designated as confidential or that a reasonable person would understand to be confidential. The receiving party will protect that information with at least the same degree of care it applies to its own confidential information, will not disclose it to third parties other than to employees, contractors, and advisers who need to know it and are bound by confidentiality obligations, and will use it only for purposes connected with these Terms.
These obligations do not apply to information that is or becomes public through no breach of this Section, that was known to the receiving party without an obligation of confidence, that is independently developed without reference to the disclosing party’s information, or that is lawfully received from a third party. A party may disclose confidential information where required by law, regulation, or valid legal process, and will, where legally permitted, give the other party reasonable prior notice.
19. Security
MailMama implements technical and organizational measures intended to protect the Service and Customer Content against unauthorized access, alteration, disclosure, and loss. These measures include encryption of data in transit over public networks using industry-standard protocols, access controls and authentication requirements for administrative access, logging and monitoring, segregation of environments, and periodic review of security practices. A description of the measures in effect is available in the Privacy Policy and in the Data Processing Addendum.
No service, network, product, or control can be guaranteed to be secure. MailMama does not represent that the Service is immune from unauthorized access, interception, compromise, or loss, and does not claim any security certification, audit attestation, or compliance accreditation unless a specific certification is expressly identified in writing.
You are responsible for the security of your own systems, devices, networks, credentials, DNS configuration, and connected Third-Party Services. Many security incidents affecting hosted email originate from compromised end-user credentials or devices rather than from the hosting platform.
20. Service Availability, Maintenance, and Support
MailMama aims to make the Service available on a continuous basis but does not guarantee uninterrupted, error-free, or uninterruptedly available operation. The Service may be unavailable or degraded as a result of scheduled maintenance, emergency maintenance, infrastructure failures, network conditions, denial-of-service attacks, actions of Third-Party Services, or events outside our reasonable control.
Unless a separate written service level agreement has been executed between you and MailMama, no uptime commitment, availability percentage, response-time commitment, restoration-time commitment, or service credit applies to your Plan.
MailMama does not guarantee that messages sent through the Service will be delivered, will be delivered within any particular time, or will be placed in a recipient’s primary inbox rather than a spam or quarantine folder. Delivery depends on factors outside our control, including the policies, filters, blocklists, authentication requirements, and reputation systems of receiving networks, and the configuration and sending behavior of your domain.
Support is provided by email at info@mailmama.net. Support covers the configuration, operation, and troubleshooting of the Service itself. It does not cover the configuration of Third-Party Services, third-party software, networks, or devices, data recovery beyond the mechanisms available in the Service, or general information technology consulting. We do not commit to specific support hours or response times unless separately agreed in writing.
21. Backups and Data Loss
MailMama maintains operational backups of the production environment for the purpose of disaster recovery and service continuity. Those backups exist to allow restoration of the Service and are not a customer-facing archiving, retrieval, or e-discovery service. We do not undertake to restore individual messages, mailboxes, or Accounts from backup on request, and backup retention periods are limited.
You are responsible for maintaining your own copies of Customer Content that is important to you, including by using the export functions available in the Service or by configuring a local email client that stores a copy of your data. MailMama is not liable for the loss, corruption, or unavailability of Customer Content except to the extent provided in Section 23 and required by applicable law.
22. Changes to the Service
We may add, modify, improve, restrict, deprecate, or discontinue features of the Service. Where a change materially reduces the core functionality of a Plan that you have already paid for, we will provide reasonable advance notice by email, and if you do not accept the change you may terminate the affected subscription and receive a pro-rata refund of the fees paid for the unused remainder of the Subscription Term. Changes made for security, legal, regulatory, abuse-prevention, or infrastructure reasons may take effect immediately.
Beta, preview, early-access, or experimental features may be offered from time to time. Those features are provided as-is, may be changed or withdrawn at any time, may be subject to additional terms, and are excluded from any commitment in these Terms.
23. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Service, including all software, features, content, and Documentation, is provided on an “as is” and “as available” basis, without warranties or conditions of any kind, whether express, implied, statutory, or otherwise. MailMama expressly disclaims all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranties arising out of course of dealing, course of performance, or usage of trade.
Without limiting the foregoing, MailMama does not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that messages will be delivered, received, or placed in any particular folder; that spam, viruses, phishing, or malware will be detected or blocked; that data will not be lost; that the Service will meet your requirements or achieve any particular result; or that the Service is compliant with any specific law, standard, framework, or certification applicable to your organization.
No advice or information, whether oral or written, obtained from MailMama or through the Service creates any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or of implied statutory rights. Where you are a consumer and applicable law grants you non-excludable rights, the exclusions in this Section apply only to the extent permitted by that law, and nothing in these Terms limits or excludes rights that cannot lawfully be limited or excluded.
24. Limitation of Liability
To the maximum extent permitted by applicable law, MailMama, its members, managers, officers, employees, contractors, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, loss of opportunity, loss of or damage to data, loss or interruption of email, failure or delay of message delivery, or cost of substitute services, arising out of or in connection with these Terms or the Service, whether based in contract, tort, negligence, strict liability, or any other theory, and whether or not MailMama has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the total aggregate liability of MailMama arising out of or in connection with these Terms or the Service, for all claims in the aggregate, will not exceed the total amount actually paid by you to MailMama for the Service during the twelve (12) months immediately preceding the event giving rise to the first such claim.
The limitations in this Section apply to the maximum extent permitted by applicable law and reflect an agreed allocation of risk that forms an essential basis of the bargain between the parties. They do not apply to liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or, where you are a consumer, to any liability that applicable consumer protection law does not permit to be excluded or limited.
25. Indemnification
You agree to defend, indemnify, and hold harmless MailMama and its members, managers, officers, employees, contractors, agents, and suppliers from and against any claim, demand, action, proceeding, loss, liability, damage, penalty, fine, cost, or expense, including reasonable legal fees, arising out of or related to your use of the Service, Customer Content, your violation of these Terms or the Acceptable Use Policy, your violation of applicable law, your use of email tracking or AI-assisted features, your connection or use of any Third-Party Service, any claim by an Authorized User or recipient relating to your use of the Service, or any claim that Customer Content infringes or misappropriates the rights of a third party.
We will notify you of any claim subject to indemnification, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle any claim in a way that imposes an obligation or admission on MailMama without our prior written consent. Where you are a consumer, this Section applies only to the extent permitted by applicable law.
26. Suspension and Termination
26.1 Suspension
We may suspend or restrict all or part of your access to the Service, including sending capability, API access, specific mailboxes, or specific Customer Domains, where we reasonably believe that: you have violated these Terms or the Acceptable Use Policy; the Account is being used for spam, phishing, malware, fraud, or other abuse; the Account or a credential has been compromised; usage threatens the security, stability, capacity, or deliverability of the Service; a payment is overdue or a chargeback has been raised; verification has failed or information provided is inaccurate; or suspension is required by law, by a governmental or regulatory authority, or by a Third-Party Service on which the Service depends.
Where the circumstances permit, we will notify you before suspension and give you an opportunity to resolve the issue. Where the risk is immediate, including active abuse or a security incident, we may suspend first and notify afterwards. We will restore access once the cause of suspension has been resolved to our reasonable satisfaction.
26.2 Termination by You
You may terminate your subscription at any time by cancelling in accordance with Section 8. You may request immediate closure of the Account, in which case access ends when we process the request, and any refund is determined in accordance with the Refund and Cancellation Policy.
26.3 Termination by MailMama
We may terminate these Terms and close your Account: on notice, if you materially breach these Terms or the Acceptable Use Policy and, where the breach is capable of cure, fail to cure it within a reasonable period stated in the notice; immediately, in the case of serious abuse, unlawful use, fraud, security risk, repeated violations, or non-payment after notice; immediately, where required by law or by a Third-Party Service on which the Service depends; or on at least thirty (30) days’ notice if we decide to discontinue the Service generally or to cease providing it in your jurisdiction, in which case we will refund the fees paid for the unused remainder of the Subscription Term.
26.4 Effect of Termination
On termination, your right to access and use the Service ends, mail delivery to Customer Domains hosted on the Service stops, and connected integrations cease to function. Except where termination results from abuse, unlawful use, or fraud, we will make Customer Content available for export for a period of thirty (30) days following termination, after which Customer Content will be deleted from active systems. Deletion from routine backups follows the backup rotation described in the Privacy Policy. We may retain records where retention is required by law, necessary to resolve disputes, or necessary to enforce our agreements.
Termination does not relieve you of the obligation to pay amounts already due. Sections relating to definitions, fees already incurred, Customer Content representations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and general provisions survive termination.
27. Legal Process and Cooperation with Authorities
MailMama operates hosted email services and may receive subpoenas, court orders, preservation requests, or other legal process relating to Accounts or Customer Content. We will respond to valid legal process as required by applicable law. Where we are legally permitted to do so, we will make reasonable efforts to notify the affected Account Owner before disclosing Customer Content, so that the Account Owner may seek to limit or challenge the request. We may be prohibited from providing such notice in some cases.
We may also preserve or disclose information where we believe in good faith that doing so is necessary to comply with law, to enforce these Terms, to investigate suspected abuse or fraud, to protect the rights, property, or safety of MailMama, our customers, or the public, or to respond to an emergency involving a risk of death or serious physical injury.
28. Export Controls, Sanctions, and Geographic Restrictions
The Service is provided from the United States and is subject to United States export control and economic sanctions laws, including those administered by the Office of Foreign Assets Control of the United States Department of the Treasury, as well as to the laws of other jurisdictions where applicable.
You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of a country or territory that is the subject of comprehensive United States sanctions; that you are not identified on any applicable restricted party, denied party, or sanctions list, and are not owned or controlled by any such person; and that you will not use the Service in violation of export control or sanctions law, or on behalf of any person subject to such restrictions.
Availability of the Service in any particular country is additionally subject to our infrastructure capabilities, local legal requirements, abuse and fraud risk, and the policies of Third-Party Services on which we depend. We may decline to provide, restrict, or withdraw the Service in any jurisdiction, and may screen Accounts, payment details, and connection data for this purpose. A restriction imposed for these reasons does not constitute a breach of these Terms by MailMama.
29. Governing Law
These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you the protection of mandatory local consumer rules, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence.
30. Dispute Resolution and Arbitration
30.1 Informal Resolution First
Before commencing any formal proceeding, the parties agree to attempt to resolve the dispute informally. You must send a written notice of dispute to info@mailmama.net describing the nature of the claim and the relief sought. The parties will then have sixty (60) days from receipt of that notice to attempt to resolve the matter in good faith.
30.2 Agreement to Arbitrate
If the dispute is not resolved within that period, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including questions of their formation, validity, breach, or termination, will be resolved by binding arbitration administered by the American Arbitration Association under its rules then in effect. The Consumer Arbitration Rules apply where you are a consumer, and the Commercial Arbitration Rules apply in all other cases.
The arbitration will be conducted by a single arbitrator. The seat of arbitration is Sheridan, Wyoming, United States, provided that the arbitration may be conducted by written submissions, telephone, or videoconference where the applicable rules permit, and that a consumer may elect to have any in-person hearing held in the county or district of the consumer’s residence. The arbitrator may award any relief that a court of competent jurisdiction could award, limited by these Terms. Judgment on the award may be entered in any court of competent jurisdiction.
30.3 Exceptions
Either party may bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, where the claim qualifies. Either party may also seek injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, unauthorized access to the Service, or a breach of confidentiality obligations.
30.4 Right to Opt Out of Arbitration
You may opt out of the agreement to arbitrate by sending written notice to info@mailmama.net with the subject line “Arbitration Opt-Out”, including your name, the email address associated with your Account, and a clear statement that you wish to opt out. The notice must be sent within thirty (30) days of the date on which you first accepted these Terms. Opting out does not affect any other part of these Terms, and MailMama will not retaliate against you for opting out. If you opt out, disputes will be resolved in the courts identified in Section 30.6.
30.5 No Class Action Waiver
These Terms do not contain a class action waiver, a collective action waiver, or a waiver of representative proceedings. Nothing in this Section prevents you from participating in a class, collective, consolidated, or representative proceeding to the extent that applicable law and the applicable arbitration rules permit it.
30.6 Courts
Where a dispute is not subject to arbitration, is excluded under Section 30.3, or where you have opted out under Section 30.4, the state and federal courts located in the State of Wyoming have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue in those courts. This does not apply where mandatory law grants you the right to bring proceedings in the courts of your country of residence, as described in Section 31.
30.7 Consumer Dispute Platforms
Consumers in the European Union and the United Kingdom may have access to alternative dispute resolution or online dispute resolution mechanisms provided under local law. Use of such mechanisms is voluntary. MailMama is not obliged to and does not commit to participate in any specific alternative dispute resolution body.
31. Rights of Consumers
If you use the Service as a consumer, meaning for purposes wholly or mainly outside your trade, business, craft, or profession, the mandatory consumer protection law of your country of residence applies in addition to these Terms and takes precedence over any conflicting provision of these Terms.
In particular, and without limitation: nothing in these Terms excludes or limits statutory rights of withdrawal or cancellation; nothing excludes or limits liability that cannot lawfully be excluded or limited; nothing deprives you of the right to bring proceedings in the courts of your country of habitual residence where mandatory law grants that right; and nothing requires you to arbitrate where mandatory law prohibits pre-dispute arbitration agreements for consumers in your jurisdiction.
Where any provision of these Terms is unenforceable against you as a consumer under applicable law, that provision applies to the maximum extent permitted and the remainder of these Terms continues in effect.
32. Changes to These Terms
We may update these Terms from time to time, for example to reflect changes to the Service, to our operations, to Third-Party Services, or to legal or regulatory requirements. The current version is always published at https://mailmama.net/ with the Effective Date shown at the top.
Where a change is material, we will notify you by email to the address associated with your Account, or by a prominent notice within the Service, at least thirty (30) days before the change takes effect, unless a shorter period is required for legal, security, or abuse-prevention reasons. Your continued use of the Service after the change takes effect constitutes acceptance of the updated Terms. If you do not accept a material change, you may cancel your subscription before the change takes effect, and where the change materially reduces the functionality you have paid for, you may terminate and receive a pro-rata refund of the unused portion of your Subscription Term.
33. General Provisions
33.1 Entire Agreement
These Terms, together with the documents incorporated by reference, constitute the entire agreement between you and MailMama regarding the Service and supersede all prior or contemporaneous understandings, proposals, representations, and communications on that subject. Any terms contained in a purchase order or other customer document are of no effect.
33.2 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions will remain in full force and effect.
33.3 No Waiver
A failure or delay by either party in exercising a right under these Terms does not operate as a waiver of that right, and a single or partial exercise does not preclude any further exercise.
33.4 Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the successor is not a competitor of MailMama and assumes all obligations. MailMama may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or to an affiliate. Any purported assignment in breach of this Section is void.
33.5 No Third-Party Beneficiaries
These Terms do not create any rights enforceable by any person who is not a party to them, except that the persons described in Sections 24 and 25 may rely on the protections stated in their favor.
33.6 Relationship of the Parties
The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, fiduciary, or employment relationship.
33.7 Force Majeure
Neither party is liable for any failure or delay in performance, other than the obligation to pay amounts due, caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic, war, terrorism, civil unrest, labor disputes, governmental action, changes in law, failures of telecommunications or internet infrastructure, power failures, denial-of-service attacks, and failures or discontinuation of Third-Party Services.
33.8 Notices
We may give notice to you by email to the address associated with your Account, by posting within the Service, or by publication on the website. You must give notice to us by email to info@mailmama.net or by post to 75 E 3rd St, Sheridan, WY 82801, United States. Notices by email are deemed received on the day of transmission unless the sender receives an indication of non-delivery. It is your responsibility to keep the email address associated with your Account current and monitored.
33.9 Interpretation
Headings are for convenience only and do not affect interpretation. The words “including”, “include”, and “for example” are not limiting. References to a document include that document as amended from time to time.
33.10 Language
These Terms are drafted in English. Any translation is provided for convenience only, and in the event of a conflict the English version prevails, except where applicable mandatory law requires otherwise.
34. Contact Information
Questions about these Terms, requests for a copy of the Data Processing Addendum, cancellation requests, refund requests, and notices of dispute should be directed to the contact details below.
Company: MailMama Software LLC
Company Address: 75 E 3rd St, Sheridan, WY 82801, United States
Website: https://mailmama.net/
Email: info@mailmama.net