These Terms of Service (hereinafter referred to as “Terms”) are entered into by and between you (Subscribers and Users, both as defined below) and LeadsNavi Pte. Ltd., an entity incorporated under the laws of Singapore (hereinafter referred to as “Mailgo”, “we”, “us” or “our”), in relation to Mailgo's Services (as defined below).
a) “Agreement” means the Order, these Terms, theData Processing Agreement(if applicable) and all and any specifications agreed upon (e.g., your selected Plan (as defined below)) between Mailgo and Subscriber.
b) “Subscriber” means the party to whom Mailgo is to provide its services pursuant to the Order. If a Subscriber includes more than one legal or natural person, the obligations imposed upon each shall be joint and several.
c) “Users” means Subscriber's employees, representatives, consultants, contractors, or agents authorized by Subscriber to access the Mailgo Service.
d) “Order” means any registration (either paid subscription or free trial), order confirmation or sign-up through a web interface indicating the services ordered, to be ordered or currently used by Subscriber.
e) “Services” means the Mailgo web software and any services which Mailgo provides to Subscriber and Users, through its websites, interfaces (APIs), integrations and further internet based services.
f) “Connected Account” means any third-party e-mail account, system or platform connected to, or integrated with, the Mailgo's Services by or on behalf of Subscriber through authorized authentication methods. Third-party email accounts and domain names leased from Mailgo pursuant to Section 3.4 shall be a “Connected Account” and subject to the same terms and conditions as Connected Accounts connected directly by Subscriber.
g) “Subscriber Data” means any content, including but not limited to email content, contact information, data collected from or provided by any Connected Account, and any other information, data and content that is submitted, uploaded, imported, transmitted, or otherwise provided to the Services by or on behalf of Subscriber or Users, as well as any data generated through Subscriber's use of the Services.
2.1 These Terms apply to all Services which Mailgo provides to Subscriber. By purchasing, using or otherwise accessing any of the Services, you agree to be bound by the Agreement, and consent to entering into the Agreement electronically and to the electronic storage of the related records. If you do not agree to the Agreement, please do not use the Services.
2.2 Your access and use of the Services is also subject to Mailgo's Customer Privacy Notice, Cookies Policy, and any other applicable privacy policies (collectively, “Policies”), as incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located.
2.3 These Terms take effect the earlier of (a) the use or access of the Services, or (b) the execution of an Order and supersede all prior communications between you and Mailgo, unless expressly agreed otherwise in writing (text form sufficient).
2.4 The Services are offered for professional purposes only, i.e. for natural or legal persons who or which, when entering into a legal transaction, act in the furtherance of or in connection with a business. You confirm that the use of the Services is intended for commercial or professional purposes only.
2.5 Mailgo does not accept any other terms (e.g., additional and ancillary provisions such as guarantee commitments, procurement terms or assurances) with regard to the provision of the Services, unless agreed in writing as duly executed by Mailgo.
3.1 Mailgo provides its Services to Subscriber in accordance with the Agreement. The Services will be provided as they exist and may be updated and amended throughout the Term.
3.2 You acknowledge and understand that the content and scope of Mailgo's Services are subject to change and are expected to change over time. To improve the swiftness and efficiency of certain Services, Mailgo may expand, modify, or supplement its offering at any time and in Mailgo's sole discretion. For example, to maintain account credibility and ensure deliverability, Mailgo may set or adjust usage limits, including but not limited to the maximum number of Connected Accounts and the maximum daily email sending limit per Connected Account, at its sole discretion. These limitations are implemented to optimize the performance of the Services.
3.3 In order to access the features and functions of the Services, Subscriber will need to link one (1) or more Connected Accounts to the Services. By granting Mailgo access to any Connected Account, (i) Subscriber represents and warrants that it is authorized to grant Mailgo access to such Connected Accounts, which authorization must be given through the permission protocols established by the service providers of the relevant Connected Accounts (“Mail Service Providers”), (ii) Subscriber represents and warrants that it is in good standing with respect to such Connected Accounts, and (iii) Subscriber acknowledges that Mailgo may access any and all Connected Accounts in order to provide the Services and otherwise in accordance with the terms of this Agreement, including, as examples, to send test emails or troubleshoot in order to ensure the functionality of the Services. Subscriber further acknowledges and agrees that each Connected Account, including access to and use thereof and uptimes related thereto, is solely determined by the applicable Mail Service Provider. Mailgo will have no liability for any unavailability of any Connected Account, or any third-party provider's decision to discontinue, suspend or terminate any Connected Account.
3.4 You understand and agree that if the Subscriber leases a domain name or email account from Mailgo, such domain name and email service are provided by third-party providers, and the Subscriber will obtain usage rights only during the subscription period. The Subscriber is solely responsible for ensuring legally compliant usage, and assumes full legal responsibility for all utilization behaviors related to the leased domain name or email account.
3.5 If Subscriber utilizes Mailgo's email warmup Service, Subscriber may be exposed to personal and contact information for other users from the warmup pool. Subscriber acknowledges and agrees it is prohibited from sharing, storing, transferring or otherwise using this information for any purposes whatsoever.
4.1 Subject to your compliance with the Agreement and applicable laws, Mailgo grants to the Subscriber a non-exclusive, non-transferable license to use the Services in accordance with Agreement. The right of use shall mean the right to access and utilize the Services in accordance with their intended purpose, in SaaS mode via a connection to an electronic communications network.
4.2 Except as expressly permitted by Mailgo in writing, the Subscriber shall not (i) lease, resell, sublicense, distribute, transfer, or otherwise make available the Services to third parties, or (ii) use the Services outside of the Subscriber's organization. For clarity, use of the Services by affiliated companies is considered use outside of the Subscriber's organization.
4.3 Subscriber acknowledges and agrees that Mailgo offers different service packages (“Plans”), composed of different features and usage limits that can be performed within such Plans by Subscriber.
4.4 If and as set forth in its Order, the Subscriber may be subject to certain usage limits applicable to its Plan, including, but not limited to, a maximum number of emails that can be sent per month and a maximum number of unique email recipients that can be contacted per month (collectively, “Monthly Limit”). Once either component of the Monthly Limit is reached, the email sending function will not be available until the start of the next monthly period. Unused portions of the Monthly Limit do not carry over to the next month.
4.5 You acknowledge and understand that interruptions, suspensions, or unavailability of the Services during maintenance, updates, or potential operational disruptions beyond Mailgo's control (e.g., disruptions caused by force majeure or unrelated third-parties) are not considered a defect of the Services.
5.1 Users are responsible for the confidentiality of their authentication credentials, such as logins and passwords, and shall not pass these on to third parties. Users shall be solely responsible for all activities that occur under your account, including misuse of such credentials resulting from a failure to comply with these obligations. Users shall immediately notify us of any unauthorized use of your account or any other security threat to the Services.
5.2 Subscriber and Users shall comply with applicable laws and exercise due care during their use. This means, in particular that:
a) Users shall not exploit any potential programming errors to the detriment of Mailgo and shall immediately report errors, bugs and any shortcomings relevant for IT security to Mailgo when Users become aware of such occurrences.
b) Users shall not unduly interfere with the Services or Mailgo's infrastructure.
c) Users must not use Services for illegal purposes or in violation of any applicable laws, including but not limited to encouraging, promoting, or assisting in unlawful activities.
d) Users shall ensure not to spread viruses, worms, or other malicious code via the Services, or attempt to disable, impair, or destroy the Services.
e) Users shall not use automation software (bots), scripts, crawlers, or other unauthorized third-party software designed to interact with the Services in ways that simulate human behavior, collect data, or manipulate the Services' functionality. This includes, but is not limited to, screen scraping tools, mass email generators, email harvesting tools, or any technology that accesses the Services in a manner not explicitly authorized by Mailgo.
f) Users shall not mislead other Users or attempt to gain access to profile and personal data of other Users or otherwise jeopardize the privacy and security of any data stored by Mailgo.
g) Users shall not permit direct or indirect access to or use of any Services in a way that circumvents any usage limits included in the Agreement.
h) Users shall not copy Mailgo Services or any part, feature, function, or user interface thereof or frame or mirror any part of any Services.
i) Users shall not access any Services or monitor the availability, performance or functionality of these Services in order to build a competitive product or service, or for any other benchmarking for competitive purposes.
j) Users shall not allow third parties to access the Services, or duplicate, copy, rent, lease, sublicense, sell, assign, or transfer any portion of the Services to third parties.
5.3 Subscriber is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Subscriber Data. Subscriber shall obtain all third-party licenses, consents, and permissions needed for Mailgo to receive, use and process the Subscriber Data to provide the Services, and be solely responsible for providing all appropriate privacy notices to all third parties and obtaining all necessary consents required by applicable data protection laws. Subscriber represents and warrants that the Subscriber Data will not: (i) infringe any intellectual property or proprietary rights; (ii) contain viruses or malicious code; (iii) contain any unlawful, harassing, abusive, or otherwise objectionable material; (iv) contain sensitive personal data not necessary for the provision of the Services; or (v) violate any applicable laws or regulations.
5.4 If we reasonably believe that you have committed a breach of the Agreement or detect suspicious activity on your account, Mailgo may, with immediate effect, exclude the User from the further use of the Services until the matter has been reasonably resolved or, if the matter cannot be reasonably resolved, suspend or terminate such User and/or the Subscriber's account and your right to use our Services. Mailgo may take further actions as we deem appropriate, including but not limited to taking legal action against you or disclosing relevant information to law enforcement authorities.
5.5 You acknowledge and understand that you are solely responsible for complying with the laws, rules, regulations, decrees, orders, injunctions or other mandatory governmental limitations applicable to your use of the Services.
6.1 The Services contain copyrighted materials, trademarks, patent rights, proprietary and confidential information, and intellectual property of Mailgo and its affiliates (collectively, “Proprietary Materials”), including without limitation data, source code, software, text, logos, graphics, images, and videos. Mailgo reserves all intellectual property rights, titles, and ownership to the Proprietary Materials, except as specifically granted under the license provided in the Agreement. The Proprietary Materials are protected by international intellectual property law. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, or modifying any Proprietary Materials in any form or by any means, for any purpose other than as expressly permitted under the Agreement, is permitted without Mailgo's express written permission.
6.2 Mailgo will keep any personal data and other information provided by the Users confidential, and will only make the data available as necessary to complete or perform Mailgo's Services pursuant to the Agreement and the Policies. Mailgo will undertake reasonable effort to delete the received data and information upon your request, subject to the Policies.
6.3 Subscriber retains all right, title and interest in and to the Subscriber Data. Subscriber hereby grants to Mailgo a non-exclusive, worldwide, royalty-free and fully paid-up license to: (i) access and use Subscriber Data as necessary to provide the Services to Subscriber; (ii) verify and validate email addresses uploaded to the Services for the purpose of ensuring deliverability; and (iii) use anonymized and aggregated data derived from Subscriber Data to improve, test, and operate the Services. Subscriber represents and warrants that it has all necessary rights to grant Mailgo the foregoing licenses. The license to use anonymized and aggregated data shall survive the termination of this Agreement.
7.1 The initial duration of the Agreement with Subscriber, as set forth in the Order, or any subsequent renewal period(s) are herein referred to as “Term”.
7.2 Subscriber may only terminate the Agreement with effect at the end of each Term by cancelling the subscription prior to the expiry date. Extraordinary termination rights and the right to termination for just cause remain unaffected. Any subscription that has not been canceled prior to the end of the Term will automatically renew the Agreement for another Term equal to the length of the last Term.
7.3 The fees for the initial Term apply as set forth in the Order. With regard to any subsequent Term, Mailgo reserves the right to reprice the renewal fee. Mailgo will inform the Subscriber about any price change accordingly.
7.4 The fees for every Term are due upfront at the beginning of the Term (unless otherwise stated in the Order). Mailgo will issue an invoice upon the earlier of (a) receipt of payment or (b) order confirmation. Payment of any outstanding amount is due within fourteen (14) days of receipt of the invoice.
7.5 Specific payment methods or arrangements are subject to your confirmation with our contact account manager. You shall be responsible for any applicable taxes and third-party fees (including, for example, mobile carrier fees, ISP charges, credit card fees, VAT, and foreign transaction fees).
7.6 If Subscriber fails to pay in time, Mailgo may, in its sole discretion, take any or all of the following actions:
7.7 Restriction or suspension of access to the Services shall have no effect on the Term of the Agreement nor Subscriber's obligation to pay the respective fees.
7.8 You will provide accurate, current and complete information about the Subscriber when placing an Order, including all information necessary to identify the Subscriber, its address, billing information, bank details and contact information. You will inform Mailgo without undue delay of any relevant changes to such information.
7.9 Unless otherwise provided in the Agreement or required by applicable laws, all purchases for our Services are final, non-refundable, and non-cancellable.
8.1 Mailgo is entitled to involve third parties to provide the Services pursuant to the Agreement. Mailgo will take reasonable efforts to ensure that such third parties comply with Mailgo's obligations under this Agreement.
8.2 Without Mailgo's prior written consent, you may not assign, delegate or otherwise transfer the Agreement (or any rights or obligations under or in connection therewith) to any third parties.
9.1 The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted under applicable laws, Mailgo and its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively, the “Mailgo Entities”) disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Mailgo Entities make no commitments about the availability, quality or consistency of the Services.
9.2 The Mailgo Entities further disclaim any warranty that (1) the Services and any information, content, materials, products or other items made available to you through the Services will be complete, accurate, relevant, current, or reliable; (2) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (3) the quality of the Services will meet your expectations; (4) any errors or defects in the Services will be corrected; (5) the Services can be accessed and used on any particular device or with any particular service plan; or (6) the Services are or will be available in any particular geographic location.
9.3 We are not responsible or liable for (1) any harm to your device system, loss of data, or other harm that results from your access to or use of the Services; or (2) the operation, compatibility, or interoperability with any other application, software, or any particular system or device.
9.4 To the maximum extent permitted by applicable laws, you acknowledge that the entire risk arising out of the use or performance of the Services remains with you. You agree that you must evaluate and bear all risks associated with the use of the Services, including any reliance on the accuracy, completeness, or usefulness of them.
9.5 Subscriber acknowledges and agrees to the following:
a) No Guarantee of Results. Mailgo makes no promises or guarantees regarding the performance, success, or effectiveness of any campaigns launched through the Services. Campaign outcomes depend on a variety of factors, including Subscriber's target audience, email content, and compliance with applicable laws, as well as other factors beyond Mailgo's control.
b) Subscriber's Responsibility for Compliance. Subscriber is solely responsible for ensuring that all campaigns, email content, and recipient lists comply with all applicable laws, regulations, and industry best practices, including anti-spam laws such as the CAN-SPAM Act or similar laws in other jurisdictions. Mailgo is not responsible for reviewing or ensuring compliance with such laws on behalf of Subscriber.
c) Risk of Account Restrictions. Subscriber acknowledges that improper use of the Services may result in Connected Accounts being flagged as sending spam, potentially leading to account restrictions, suspensions, or terminations by the applicable Mail Service Providers or violations of applicable laws. These consequences are beyond Mailgo's control, and Mailgo bears no responsibility for such outcomes resulting from Subscriber's use of the Services.
d) Campaign Management Limitations. While Mailgo provides assistance in executing campaigns as part of the Services, the Subscriber retains full ownership, control, and responsibility for all decisions regarding campaign content, recipient targeting, and email distribution.
e) Data and Account Integrity. Mailgo shall not be held responsible for the accuracy, integrity, or legality of Subscriber's Data or Connected Accounts, nor for any adverse consequences resulting from their use.
f) Third-Party Claims or Lawsuits. Mailgo is not liable for any claims, demands, damages, losses, or legal actions, including but not limited to those brought by recipients of emails sent as part of Subscriber's campaigns, alleging violations of laws, regulations, or other rights. Subscriber agrees to indemnify and hold Mailgo harmless against any such claims, including reasonable attorneys' fees and costs incurred.
9.6 Mailgo may provide links to third-party websites that are not owned or controlled by us on our websites. Mailgo has no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party websites. Your use of any such third-party websites is at your own risk and will be governed by such third parties' terms and conditions and privacy policies.
10.1 Mailgo Entities shall only be liable to you for damages caused intentionally or with gross negligence. To the maximum extent permitted by applicable laws, you expressly acknowledge and agree that the Mailgo Entities shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or related to: (i) the use of or the inability to use the Services; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party in the Services; or (v) any other matter relating to the Services or goods, services, data, or information purchased or received through the Services.
10.2 The Mailgo Entities' aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the total amount you paid for access to the Services during the six-month period preceding the event giving rise to the liability.
10.3 To the extent permitted by applicable laws, your sole and exclusive remedy in connection with our breach, termination or cancellation of the Agreement or any term hereof, shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner Mailgo's or any Mailgo Entities' distribution, exhibition, exploitation, advertising, publicity, promotion or any other means of exploitation of the Services or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of the Mailgo Entities as well as your exclusive remedy with respect to access and use of the Services.
10.4 The above limitations and exclusions apply to the maximum extent permitted by law.
11.1 To the maximum extent permitted by law, Subscriber shall defend (at our request), indemnify, and hold harmless Mailgo Entities from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), relating to or arising under or out of the relationship between you and us described in the Agreement, including but not limited to any breach of the Agreement and your violation of any rights of any third party.
11.2 Subscriber hereby agrees that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
12.1 These Terms shall be governed by the laws of Singapore, as an agreement wholly performed, negotiated and executed therein without regard to Singapore's conflict of law rules.
12.2 Before initiating any formal legal proceeding, you agree to first contact Mailgo at [[email protected]] and make a good faith effort to resolve any dispute between you and Mailgo through informal discussion. If a resolution cannot be reached within sixty (60) days of your initial contact, any dispute arising from or in connection with these Terms of Service and your use of the Services shall be submitted to the Singapore International Arbitration Center (“SIAC”) for arbitration which shall be conducted in accordance with the SIAC's arbitration rules in effect at the time of applying for arbitration. You hereby consent to personal jurisdiction and venue in SIAC. The arbitral award shall be final and binding upon both parties. The seat of arbitration and venue of oral hearing shall be Singapore, and there be one (1) arbitrator. The arbitration proceedings shall be conducted in English.
12.3 The existence of the arbitration, all materials and documents exchanged during the arbitration proceedings, and the arbitration award shall be kept confidential by both parties except as required by applicable law or as necessary to enforce the arbitration award.
12.4 Unless the arbitrator decides otherwise, each party shall bear its own attorneys' fees and costs in arbitration.
12.5 To the maximum extent permitted by applicable law, you and Mailgo agree to only bring disputes in an individual capacity and shall not seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity.
13.1 If, but only to the extent that, any provision of these Terms is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that these Terms will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
13.2 The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision.
13.3 Mailgo may transfer or assign all or a part of our rights or obligations under the Agreement to a third party without your consent.
13.4 Mailgo has the right to amend these Terms and the Policies at any time and without notice to you. Such amendments shall be effective immediately upon posting. You agree to review Mailgo website periodically to be aware of any such amendments. Your continued use of the Services after such amendments have been made shall constitute acceptance of the amendments.