Terms of Service

1. Introduction

These Terms of Service (“Terms”, “Terms of Service”), in conjunction with our Privacy Policy and Data Processing Addendum (“DPA”), which forms part of and is incorporated into this Agreement and becomes binding upon acceptance of these Terms without requiring a separate signature, are the entire agreement (“Agreement”) between Mail Tactic Corporation, a Delaware C Corporation (file no. 10537478), operating the Service under the mailkube name (“mailkube”, “Company”, “We”, “Our”, “Us”) and the Customer, as defined below. These Terms govern use of our web pages and services located at mailkube.com and its subdomains, including the customer dashboard, the sign-in service, the documentation, and the API and SMTP endpoints (collectively, the “Service”).

Organizations, Users, and the Customer. A natural person who signs up for an account is a “User”. A User creates an organization (“Organization”), which is the workspace in which the Service is configured and used, and to which sending domains, subscriptions, and data belong. The User who creates an Organization is its owner.

An Organization is created as a bare tenant. Business details, meaning the business name, tax or VAT identifier, registered address, and country of the legal entity operating the Organization, may optionally be submitted for it afterwards, in a separate step, and only once. They cannot be submitted when the Organization is created.

“Customer” means, in respect of each Organization: (a) from the date on which business details are submitted for that Organization, the legal entity identified in those details; and (b) before that date, and where no business details are ever submitted, the individual who owns the Organization, acting in their own name and on their own account. An Organization is not itself a party to this Agreement. It is the scope within which this Agreement applies.

A separate Agreement on these Terms exists in respect of each Organization, between mailkube and that Organization’s Customer. A User who accepts these Terms when creating an Organization accepts them for the Customer, which at that moment is the User personally.

“You” and “Your” refer to the Customer and, where the context requires an act by a natural person, to the User acting for the Customer. Provisions concerning the personal account of a natural person, including account creation, account credentials, and the minimum-age warranty, bind the User personally.

Professional capacity. The Customer represents and warrants that it uses the Service in the course of a trade, business, craft, or profession, including as a sole trader or freelancer, and not as a consumer. The Service is offered to businesses and to individuals acting in a professional capacity, and is not offered for personal, family, or household use. Where the Customer is an individual under limb (b) above, that individual gives this representation in respect of their own use.

Authority to bind. The person who submits business details for an Organization represents and warrants that they are authorized to bind the legal entity identified in those details and to accept this Agreement on its behalf. If that person is not so authorized, they remain personally bound by this Agreement in respect of that Organization and personally liable for the obligations arising under it, and they will indemnify mailkube against any loss arising from the lack of authority.

Substitution of the Customer. From the date on which business details are submitted for an Organization, the legal entity identified in those details is the Customer in respect of that Organization. That entity assumes all rights and obligations arising under this Agreement in respect of that Organization since its creation, including obligations that accrued before that date. The individual who was the Customer in respect of that Organization until that date is released from the obligations arising under this Agreement in respect of that Organization after that date. That release does not affect that individual’s liability under the Authority to bind paragraph above. Substitution takes effect without a new agreement and without re-execution of this Agreement, the DPA, or the Standard Contractual Clauses, which continue in force in respect of that Organization with the entity as Customer.

Standard Contractual Clauses. Where the DPA applies to you, acceptance of these Terms in respect of an Organization also constitutes the Customer’s entry into the Standard Contractual Clauses incorporated and completed by Section 8 of the DPA, including their annexes, on the date of that acceptance, in respect of that Organization, and without a separate signature. Those clauses are governed by the law and the courts identified in Section 8 of the DPA, which differ from the governing law of these Terms in Section 22. Section 8.10 of the DPA applies where a law applicable to you requires those clauses to be signed as a separate instrument.

Language. The English version of these Terms is the only contractual version and is authoritative. Any translation is provided for information and convenience only, is not signed, and creates no independent obligation. In the event of any discrepancy, the English version prevails.

By (a) checking the acceptance box presented when you create an Organization, which is required in order to create it, or (b) submitting business details for an Organization, which constitutes acceptance of this Agreement on behalf of the legal entity identified in those details, given by the person submitting them, you agree to be bound by the Agreement in respect of that Organization. Each acceptance is recorded in that Organization’s account.

If you do not agree with or cannot comply with this Agreement, then you may not use the Service.

2. Communications

We send two kinds of email to the addresses recorded on your account. Service communications, such as billing notices, security alerts, and notices about your account and your subscription, are part of operating the Service and this Agreement, and we send them for as long as you hold an account. Product news, meaning email about our own similar products and services, such as new features of the Service, is sent to the address we obtained from you when you signed up, under the rules on electronic mail to existing customers that apply where you are located. Every product-news email carries an unsubscribe link. You may opt out of product news at any time, free of charge, by following that link or by raising a ticket from the Help section of your mailkube dashboard, and we honor an opt-out within 24 hours. Opting out of product news does not affect service communications. The legal basis on which each kind is sent is stated in our Privacy Policy.

3. Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you buy it from Mail Tactic Corporation, and payment is taken by our payment processor, Stripe. You may be asked to supply certain information relevant to your Purchase, including billing details and your location.

You represent and warrant that: (i) you have the legal right to use any payment method in connection with any Purchase; and (ii) the information you supply is true, correct, and complete.

Beginning performance immediately. By completing a Purchase you expressly request that we begin providing the Service straight away, without waiting for any statutory withdrawal or cancellation period to run, and you acknowledge that once we have fully performed you lose any right of withdrawal that would otherwise apply to that Purchase. Where you hold such a right, it has not been lost, and you exercise it after performance has begun at your request, you owe us an amount proportionate to what has been provided up to the moment you tell us. Nothing in this Section limits a right you hold under a law that cannot be varied by agreement, and this paragraph applies whether or not the representation of professional capacity in Section 1 holds in your case.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, Promotion rules will apply.

5. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly or annual basis, depending on the subscription plan you select.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or mailkube cancels it. You may cancel your Subscription renewal from the organization settings of your mailkube dashboard, or by raising a ticket from the Help section there.

A valid payment method is required to process Subscription fees. You shall provide accurate and complete billing information. By submitting payment information, you authorize the applicable payment processing to charge all Subscription fees incurred through your account.

Should automatic billing fail for any reason, mailkube will issue an electronic invoice indicating that you must proceed manually, within a specified deadline, with the full payment corresponding to the billing period as indicated on the invoice.

Plan Changes

When you upgrade or downgrade your Subscription plan, the change takes effect immediately and proration is calculated automatically. The unused credit from your current plan and the prorated cost of the new plan are reflected in your next invoice.

• Upgrade example: You are on a $19/month plan with 15 days remaining in your Billing Cycle and you upgrade to a $39/month plan. You receive a credit of $9.50 (15/30 × $19) for the unused days of your current plan, and you are charged $19.50 (15/30 × $39) for the remaining days on the new plan. Your next invoice carries a net additional charge of $10.00.

• Downgrade example: You are on a $39/month plan with 15 days remaining in your Billing Cycle and you downgrade to a $19/month plan. You receive a credit of $19.50 (15/30 × $39) for the unused days of your current plan, and you are charged $9.50 (15/30 × $19) for the remaining days on the new plan. Your next invoice carries a net credit of $10.00.

Cancellation

If you cancel your Subscription, your access to the Service will remain active through the end of the current paid Billing Cycle. No partial refund is issued for the unused portion of the Billing Cycle following cancellation.

• Example: Your Billing Cycle runs from the 1st to the 31st of the month and you cancel on the 10th. You retain full access to the Service through the 31st. No refund is issued for the remaining 21 days.

Reactivation After Cancellation

If you cancel a Subscription (“Subscription A”) and activate a new Subscription (“Subscription B”) before the end of Subscription A’s paid Billing Cycle, Subscription B begins on its activation date. No refund is issued for any remaining days of Subscription A’s Billing Cycle.

6. Free Tier

mailkube may, at its sole discretion, offer access to the Service through a free tier (“Free Tier”).

The Free Tier provides limited access to the Service without requiring payment. Free Tier accounts are subject to usage limits and feature restrictions as described on our pricing page. You are not required to provide billing information to use the Free Tier.

At any time and without notice, mailkube reserves the right to (i) modify the features, limits, or availability of the Free Tier, (ii) cancel or discontinue the Free Tier, or (iii) convert Free Tier accounts to paid Subscriptions if usage exceeds Free Tier limits.

7. Fee Changes

mailkube may, in its sole discretion, modify Subscription fees at any time. Any fee change will become effective at the end of the then-current Billing Cycle.

mailkube will provide you with reasonable prior notice of any change in Subscription fees so you have the opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after a fee change takes effect constitutes your agreement to pay the modified Subscription fee.

8. Refunds

Except when required by law, and except as provided in Section 5 of the Data Processing Addendum, paid Subscription fees are non-refundable. Once emails have been sent, refunds will not be issued for partial quota usage. Section 5 of the DPA gives you a pro-rata refund of prepaid, unused fees where you object to a new sub-processor and the objection cannot be resolved.

Violations of our Acceptable Use Policy may result in the temporary suspension or permanent shutdown of your sending domain names, at mailkube’s sole discretion. No refund will be issued in connection with any such suspension or shutdown.

Domains rejected at creation for failing mailkube’s reputation checks (see our Acceptable Use Policy) are not eligible for a refund.

9. Content

Our Service allows you to send messages through our API, which may include text, graphics, images, or other material (“Message Content”). You are responsible for all Message Content that you send through the Service, including its legality, reliability, and appropriateness. You are also responsible for all recipient data, contact information, and any other data you provide to or transmit through the Service (“Your Data”).

By using the Service to send messages, you represent and warrant that: (i) you have the right to use any Message Content and Your Data you send through the Service, (ii) your use of the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, and (iii) you have obtained all necessary consents and permissions from recipients to send them messages in accordance with applicable laws, including but not limited to CAN-SPAM, GDPR, and other anti-spam laws.

You retain all rights to any Message Content and Your Data you send through the Service. We take no responsibility and assume no liability for Message Content or Your Data transmitted through the Service. However, by sending Message Content and Your Data through the Service, you grant us the right and license to use such content for purposes of providing the Service, including processing, transmitting, and delivering your messages. This license does not include the right to disclose your Message Content or Your Data to third parties without your approval, except as necessary to provide the Service or as required by law.

mailkube has the right but not the obligation to monitor Message Content sent through the Service to ensure compliance with these Terms, our Acceptable Use Policy, and applicable laws. We may review, block, or refuse to deliver messages that violate these Terms or applicable laws.

10. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

If you become aware of any violations, please report them immediately by raising a ticket from the Help section of your mailkube dashboard, or from our contact page if you do not have an account.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service. For detailed information about the analytics services we use and how they collect and process data, please refer to our Privacy Policy.

12. No Use By Minors

The Service is intended only for individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this Agreement.

13. Accounts

When you create an account, you guarantee that you are above the age of 18 and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity, or a name or trademark that is subject to the rights of another person or entity without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

14. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of mailkube and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of mailkube.

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that a copyrighted work has been copied in a way that constitutes infringement, please submit your claim from our contact page with the subject “Copyright Infringement” and include a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on or through the Service.

16. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the copyright owner
• A description of the copyrighted work that you claim has been infringed, including the URL where the copyrighted work exists or a copy of it
• Identification of the URL or other specific location on the Service where the infringing material is located
• Your address, telephone number, and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf

You can contact our Copyright Agent from our contact page, with the subject “Copyright Agent”.

17. Error Reporting and Feedback

You may provide us with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”) by raising a ticket from the Help section of your mailkube dashboard, or from our contact page if you do not have an account. You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) mailkube may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential or proprietary information from you or any third party; and (iv) mailkube is not under any obligation of confidentiality with respect to the Feedback. You grant mailkube a non-exclusive, transferable, irrevocable, royalty-free, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose.

Security reports. A report of a suspected security vulnerability in the Service is not Feedback, and nothing in this Section applies to it. mailkube will treat such a report as confidential, will not disclose it other than to the extent necessary to investigate and remediate the issue or as required by law, and acquires no right in it under this Section.

Where you report a suspected vulnerability to us in good faith and in accordance with this paragraph, mailkube will not bring, and will not support, a claim against you in respect of that research. This applies only where, in the course of the research, you access no more data than is necessary to demonstrate the vulnerability, do not disrupt the Service, do not access other customers’ data beyond what the vulnerability itself exposes, do not exploit the vulnerability for any other purpose, and do not make the report conditional on a payment.

18. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by mailkube. mailkube has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

MAILKUBE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES OR SERVICES.

We strongly advise you to read the Terms of Service and Privacy Policies of any third-party websites or services that you visit.

19. Disclaimer of Warranty

THE SERVICE IS PROVIDED BY MAILKUBE ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAILKUBE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

MAILKUBE DOES NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MAILKUBE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation of Liability

What this Section does not limit. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS MAILKUBE’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR INTENT OR GROSS NEGLIGENCE, FOR BREACH OF A MATERIAL OBLIGATION THE FULFILMENT OF WHICH MAKES THE PROPER PERFORMANCE OF THIS AGREEMENT POSSIBLE IN THE FIRST PLACE AND ON WHOSE OBSERVANCE YOU MAY REGULARLY RELY, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW APPLICABLE TO YOU. WHERE LIABILITY ARISES FROM THE NEGLIGENT BREACH OF SUCH A MATERIAL OBLIGATION, AND NO OTHER EXCLUSION IN THIS PARAGRAPH APPLIES, MAILKUBE’S LIABILITY IS LIMITED TO THE LOSS TYPICALLY FORESEEABLE AT THE TIME THIS AGREEMENT WAS ENTERED INTO. THE TWO PARAGRAPHS BELOW ARE SUBJECT TO THIS PARAGRAPH.

EXCEPT AS PROHIBITED BY LAW, NEITHER MAILKUBE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MAILKUBE, IT WILL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM AND (B) ONE HUNDRED EURO (EUR 100), AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may discontinue using the Service or raise a ticket from the Help section of your mailkube dashboard.

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, the limitations of liability in Section 20, the indemnity given under Section 1 (Authority to bind), and the confidentiality obligation for security reports in Section 17. The Data Processing Addendum, including the Standard Contractual Clauses it incorporates, survives in accordance with its Section 14 for as long as we retain personal data processed on your behalf.

22. Governing Law

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

Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in San Francisco County, California, and each party submits to the personal jurisdiction of those courts.

The two paragraphs above do not apply to the Standard Contractual Clauses incorporated by Section 8 of the Data Processing Addendum, which are governed by the law and subject to the courts identified in that Section.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. This Agreement constitutes the entire agreement between us regarding the Service in respect of the relevant Organization, and supersedes any prior agreements in respect of that Organization.

No variation of this Agreement is effective unless made in a writing signed by mailkube, except for amendments we make under Section 24 and the substitution of the Customer provided for in Section 1. Any terms you put forward, whether in a purchase order, a vendor or supplier form, a procurement portal, or any other document, are expressly rejected and have no effect, and our performance of the Service after receiving them is not acceptance of them.

23. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Service.

24. Amendments to Terms

We may amend these Terms at any time by posting the amended terms on this page. It is your responsibility to review these Terms periodically.

Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

25. Waiver and Severability

No waiver by mailkube of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of mailkube to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

26. Logo Permission

By entering into this Agreement, you grant mailkube the non-exclusive, royalty-free right to use your logo for the sole purpose of promoting and referencing you as a client of mailkube.

mailkube may use your logo on its website, marketing materials, case studies, and other promotional content, in a professional manner and in accordance with any brand guidelines you provide. This right is non-transferable and shall remain in effect for the duration of the Agreement and any subsequent renewal periods, unless terminated by either party in writing.

27. Acceptable Use

The Service may only be used in accordance with the Acceptable Use Policy.

28. Export Control and Sanctions

You represent that you are not located in, ordinarily resident in, or organized under the laws of a country or territory subject to comprehensive economic sanctions, and that you are not a person restricted under the sanctions or export control laws applicable to either party, including those of the United States, the European Union, and the United Kingdom, whether by listing, by ownership or control by a listed person, or otherwise.

You agree not to use the Service, or allow it to be used, in breach of those laws, and to notify us without delay if this representation ceases to be true.

If this representation is or becomes untrue, or if you breach this Section, we may suspend or terminate your account immediately under Section 21.

29. Acknowledgement

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

30. Notices

Notices to mailkube under this Agreement are given in writing to: Mail Tactic Corporation, c/o Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, United States. A notice about a specific Organization must identify that Organization.

Notices to you under this Agreement are given by email to the addresses of the owners and admins of the Organization concerned, as recorded in that Organization’s account. Where this Agreement, the Privacy Policy, or the Data Processing Addendum requires notice to be given to you within a period, the period runs from the date the notice is deemed received under this Section.

A notice sent by email is deemed received on transmission, unless the sender receives a message indicating that it was not delivered. A notice sent by post is deemed received on the second business day after posting.

You are responsible for keeping the email addresses of the Organization’s owners and admins current and capable of receiving mail from us. A notice we give to an address recorded in the account is effective even if you no longer monitor it.

31. Assignment

We may assign or transfer this Agreement, in whole or in part, to a successor in interest in connection with a merger, acquisition, corporate reorganisation, or a sale of all or substantially all of our assets. We will give you notice of an assignment under this Section in accordance with Section 30.

You may not assign or transfer this Agreement, or any of your rights or obligations under it, without our prior written consent. Any attempted assignment in breach of this Section is void. This Section does not affect the substitution of the Customer provided for in Section 1.

This Agreement binds and benefits the parties and their permitted successors and assigns.

32. Contact

For feedback, comments, or technical support requests, raise a ticket from the Help section of your mailkube dashboard. If you do not have an account, use our contact page.