Legal

Terms of Service

The agreement between you and MailAdx for use of our platform and services.

These Terms of Service (“Terms”) govern access to and use of the MailAdx platform, website, APIs, and related services (collectively, the “Services”) provided by MailAdx (“MailAdx”, “we”, “us”, or “our”). By creating an account, accessing the dashboard, using our APIs, or otherwise using the Services, you agree to these Terms.

Effective date: May 25, 2026  |  Last updated: May 25, 2026

1. Definitions

  • Customer means the organization or individual that registers for a MailAdx account.
  • Authorized User means an individual permitted by the Customer to access the Services under the Customer's account.
  • Publisher means a Customer that uses MailAdx to monetize newsletter inventory.
  • Advertiser means a Customer that buys ad placements through MailAdx.
  • Subscriber means an individual who receives a newsletter containing MailAdx-served ads.
  • Customer Data means data submitted to or processed through the Services by or on behalf of the Customer, including configuration data, creatives, campaign rules, and subscriber hashes.
  • Ad Tag means the HTML snippet using MailAdx display and click URLs that a Publisher embeds in an email template for open-time ad serving.

2. The Services

MailAdx provides a newsletter advertising platform including publisher (SSP) inventory tools, advertiser (DSP) campaign management, reporting, billing features, and an open-time ad server. When a Subscriber opens an email, their email client fetches the MailAdx display URL; MailAdx runs a real-time waterfall (direct-sold, private marketplace, programmatic, and house ads as configured) and returns the winning creative. Impressions are counted when the display URL is genuinely fetched at open time, not merely when an email is sent.

Specific features, usage limits, and support levels depend on your subscription plan as described on our Pricing page or in an executed order form. We may update the Services from time to time; material reductions in core functionality will be communicated with reasonable notice where required.

3. Account registration and security

  • You must provide accurate registration information and keep it current.
  • You are responsible for all activity under your account, including actions by Authorized Users and use of API keys.
  • You must safeguard login credentials and API keys. Notify us promptly at support@mailadx.com if you suspect unauthorized access.
  • You must be at least 18 years old and have authority to bind your organization to these Terms.
  • One account may not be shared across unrelated organizations except where MailAdx network or agency features explicitly permit sub-accounts.

4. Customer responsibilities

4.1 Lawful use and email compliance

You agree to use the Services only for lawful purposes and in compliance with all applicable laws, including anti-spam and email marketing laws (such as CAN-SPAM, CASL, and ePrivacy requirements where applicable), consumer protection laws, advertising disclosure rules, and data protection regulations.

Without limitation, you must:

  • Obtain and maintain all necessary rights, consents, and permissions to send emails to Subscribers and to serve advertising within those emails.
  • Honor unsubscribe and marketing preferences managed through your ESP or publisher relationship.
  • Not use the Services to send unlawful, deceptive, harassing, hateful, or malicious content.
  • Clearly identify advertising where required and comply with publisher and advertiser disclosure obligations in each jurisdiction where you operate.

4.2 Publisher obligations

  • Configure placements, floor prices, and accepted ad formats accurately in the dashboard before publishing configuration to production.
  • Embed the MailAdx Ad Tag correctly in email templates, including the subscriber email hash merge field (eh / {{EMAIL_SHA256}}) where frequency capping, segmentation, or accurate attribution are required.
  • Remain the data controller for Subscriber relationships and respond to Subscriber privacy requests relating to newsletter subscriptions, except where MailAdx directly handles Ad Choices opt-outs as described in our Privacy Policy.
  • Not circumvent MailAdx billing by serving paid inventory outside the platform when those impressions were enabled through MailAdx deal configuration.

4.3 Advertiser obligations

  • Ensure creatives, landing pages, and products comply with applicable law and MailAdx creative policies.
  • Provide accurate campaign targeting, budgets, and billing information.
  • Not deliver malware, phishing, prohibited content, or ads that infringe third-party intellectual property rights.
  • Honor MailAdx measurement methodology — open-time impressions and clicks as recorded by the ad server — unless otherwise agreed in writing for a specific enterprise arrangement.

4.4 Prohibited conduct

You may not:

  • Reverse engineer, scrape, or attempt to extract source code or models except as permitted by law.
  • Interfere with or overload the ad server, APIs, or related infrastructure.
  • Use the Services to build a competing product using non-public MailAdx information.
  • Misrepresent impression or click volumes through artificial traffic, botnets, or fraudulent opens.
  • Circumvent security controls, RBAC restrictions, or API rate limits.
  • Resell access to the Services except through authorized network or agency features.

5. API and integration terms

API access is subject to documented rate limits, authentication requirements, and versioning policies described in our Developer documentation. The primary integration path for ad serving is the open-time display and click URLs embedded in email templates. Optional APIs, including legacy decision endpoints documented in advanced sections, may require separate configuration and are provided as-is where enabled.

You must not expose API keys in client-side code or public repositories. Enterprise customers may configure IP allowlists for certain API endpoints. We may suspend API access that threatens platform stability or violates these Terms.

6. Fees, billing, and taxes

  • Subscription fees are billed in advance according to your selected plan unless a custom order form states otherwise.
  • MailAdx uses flat platform fees as described on our pricing page. We do not take a revenue share of your ad earnings unless explicitly stated in a separate written agreement.
  • Advertiser spend, publisher payouts, and invoicing features are calculated based on MailAdx reporting data unless disputed in good faith within the reporting window stated in your plan.
  • Fees are exclusive of taxes. You are responsible for applicable sales, VAT, GST, or similar taxes except where MailAdx is legally required to collect them.
  • Except where required by law or stated in an enterprise SLA, subscription fees are non-refundable once a billing period has begun.
  • We may change list prices for self-serve plans on 30 days' notice. Price changes apply at the next renewal unless you cancel before renewal.

7. Intellectual property

MailAdx retains all rights in the Services, software, documentation, trademarks, and branding. We grant you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription for your internal business purposes.

You retain ownership of Customer Data and creatives you upload. You grant MailAdx a worldwide license to host, process, transmit, and display Customer Data solely to provide and improve the Services, generate reporting, and fulfill advertising delivery.

Feedback you provide may be used by MailAdx without restriction or compensation.

8. Confidentiality

Each party may receive non-public information from the other. You agree to protect MailAdx non-public product, pricing, and security information. We will protect your non-public business information and use it only to provide the Services, except as permitted under our Privacy Policy or required by law.

9. Data protection

Our Privacy Policy and GDPR Compliance page describe how we handle personal data. Where MailAdx processes personal data on your behalf, you act as controller and MailAdx acts as processor. Business customers may request a Data Processing Addendum by contacting legal@mailadx.com.

You represent that you have provided appropriate notices to Subscribers and have a lawful basis for passing subscriber hashes and enabling advertising through MailAdx.

10. Service availability and support

We target high availability for the control plane (dashboard) and data plane (ad server). Planned maintenance will be announced on our Status page. Support response times vary by plan (for example, 48-hour email support on Starter, faster SLAs on higher tiers). Enterprise customers may receive a separate SLA in an order form.

Open-time ad serving latency targets (such as sub-5ms P99 decisioning under normal load) are engineering goals, not guaranteed outcomes unless expressly covered by a signed SLA.

11. Third-party services

The Services may interoperate with ESPs, payment processors, OpenRTB exchanges, and other third parties you choose to enable. MailAdx is not responsible for third-party services, their availability, or their handling of data outside our control.

12. Suspension and termination

You may cancel your subscription through the dashboard or by contacting support. We may suspend or terminate access immediately if you materially breach these Terms, create legal or security risk, fail to pay fees, or use the Services for prohibited conduct.

Upon termination:

  • Your right to access the Services ends, subject to any post-termination export window we provide.
  • Accrued fees remain payable.
  • We may delete Customer Data after a reasonable retention period, except where law requires longer retention or you have an active legal hold request.
  • Sections that by nature should survive (fees owed, IP, confidentiality, disclaimers, liability limits, dispute resolution) will survive termination.

13. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW. MAILADX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

We do not guarantee specific advertising revenue, fill rates, click-through rates, or campaign performance. Email client behavior (including image blocking, Apple Mail Privacy Protection, and prefetching) may affect measurement; you are responsible for understanding these constraints in your market.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILADX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.

MAILADX'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO MAILADX FOR THE SERVICES IN THAT PERIOD OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by applicable law.

15. Indemnification

You will defend, indemnify, and hold harmless MailAdx and its affiliates, officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your Customer Data, creatives, or email content; (b) your violation of these Terms or applicable law; (c) disputes between you and Subscribers, advertisers, or partners; or (d) allegations that your content infringes third-party rights.

16. Dispute resolution and governing law

These Terms are governed by the laws of the State of Delaware, United States, excluding conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Except where prohibited, any dispute arising from these Terms or the Services will be resolved by binding arbitration on an individual basis, not as a class action. Either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access.

If you are a consumer in a jurisdiction that mandates local courts or non-waivable rights, those mandatory provisions apply instead of this section to the extent required.

17. Changes to these Terms

We may modify these Terms by posting an updated version on this page and updating the effective date. Material changes to existing business customers will take effect no earlier than 30 days after notice, unless required sooner by law or for security reasons. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and cancel your account.

18. General

  • Entire agreement: These Terms, together with your plan selection, order form (if any), Privacy Policy, and any DPA, constitute the entire agreement regarding the Services.
  • Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger or sale.
  • Force majeure: Neither party is liable for delays caused by events beyond reasonable control.
  • Severability: If a provision is unenforceable, the remainder remains in effect.
  • No waiver: Failure to enforce a provision is not a waiver.

19. Contact

Questions about these Terms: legal@mailadx.com
Support: support@mailadx.com
General inquiries: Contact page