Terms of Service

1. Definitions

In these Terms of Service, the following terms have the meanings set out below:

"Service" means the MailGraf email marketing platform, including campaign creation, list management, sending, reporting, automation and all related tools accessible through the MailGraf website and dashboard.
"Customer" or "You" means the individual or legal entity that registers for and uses the Service.
"Subscriber" means any person whose email address is stored in your contact list on the platform.
"Campaign" means any email message or series of messages you create, schedule or send through the Service.
"Content" means any text, images, HTML, templates, data files or other material you upload, create or transmit through the Service.
"Platform" means the MailGraf website at https://mailgraf.com and its associated dashboard, APIs and tools.
"We", "Us" or "MailGraf" means MailGraf Digital Ltd, a company registered in England and Wales (Company No. 13282175) with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ.

2. Acceptance and eligibility

By creating an account or using the Service, you confirm that you have read, understood and agree to be bound by these Terms of Service, our Privacy Policy and our Cookie Policy. If you do not agree, you must not use the Service.

The Service is designed for business use by companies, sole traders and professionals. You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are accepting these terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation.

We reserve the right to review and amend these Terms at our sole discretion. We will notify you of material changes at least 30 days before they take effect by email or through the platform. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree with the changes, you may terminate your account before the changes take effect.

3. Description of service

MailGraf is a professional email marketing platform that enables you to create, send and analyse email campaigns. The Service includes contact list management, email template design, campaign scheduling, delivery, bounce handling, reporting and related tools.

The Service operates on sending infrastructure provided by Maileon (XQueue GmbH), a certified email service provider based in Offenbach am Main, Germany. MailGraf manages the customer relationship, onboarding, support and platform configuration. The underlying sending, processing and deliverability infrastructure is provided by Maileon.

Account setup and provisioning is carried out manually by the MailGraf team. New accounts are typically activated within 24 to 48 hours of order confirmation.

4. Account management

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at our contact form if you become aware of any unauthorised use of your account.

You must keep your account information accurate and up to date. You may not share your account credentials with third parties or transfer your account to another person or entity without our prior written consent.

If your account remains inactive for a continuous period of six months (no logins, no campaigns sent), we may send you a notification. If no activity occurs within 30 days of that notification, we reserve the right to suspend or close the account.

5. Anti-spam and acceptable use

MailGraf operates a strict anti-spam policy. The full details are set out in our Acceptable Use Policy. Violation of these rules may result in immediate suspension or termination of your account. A summary of the key rules follows below.

5.1 Permission-based lists only

You must hold valid, documented consent from every subscriber on your list before sending any email through the Service. Purchased, rented, scraped, harvested or third-party lists are strictly prohibited. All subscriber addresses must have been collected directly by you through a lawful opt-in process.

5.2 Bounce and complaint thresholds

You must maintain a hard bounce rate below 3% per campaign. Lists that exceed this threshold will be flagged for cleaning before further sends are permitted. You must also maintain a spam complaint rate below 0.3%, in line with Google and Yahoo sender requirements.

5.3 Prohibited content

You may not use the Service to send content that:

Promotes or facilitates illegal activity
Contains or links to malware, viruses or phishing schemes
Promotes pornography, gambling, multi-level marketing (MLM), pyramid schemes, get-rich-quick schemes, weapons, drugs or controlled substances
Contains hate speech, threats, harassment or discriminatory content
Impersonates another person or entity
Infringes the intellectual property, privacy or other rights of any third party
Contains deceptive subject lines or misleading sender information

5.4 Required elements in every campaign

Every email you send through the Service must include:

A visible and functional unsubscribe link
Accurate sender identification (name and valid physical postal address)
Truthful and non-deceptive subject lines
Compliance with the CAN-SPAM Act, PECR, UK GDPR and any other applicable anti-spam legislation in the recipient's jurisdiction

5.5 Enforcement

If we determine that you have violated this policy, we may take one or more of the following actions at our sole discretion:

Issue a written warning
Temporarily suspend your sending privileges
Require you to clean your list through an approved email verification process before resuming sends
Permanently terminate your account

Repeated or serious violations (including the use of purchased lists or sending to spam traps) may result in immediate termination without prior warning.

6. Email sending limits and quota management

Your sending quota is determined by the plan you have subscribed to and may be structured on a monthly or annual basis. You can view your current usage and remaining quota in the platform dashboard at any time.

If you approach or exceed your allocated quota, you will receive a notification. Sends that exceed your quota may be queued, paused or declined until additional capacity is purchased or a new billing cycle begins.

Unused quota does not roll over. Any email sending quota that remains unused at the end of the billing period (monthly or annual) does not carry over to the next period.

Contact billing is based on active subscribers only. Unsubscribed contacts, hard-bounced addresses and suppressed addresses are not counted towards your billable contact total.

6.1 Platform availability

MailGraf targets an annual platform availability of 99%. This excludes scheduled maintenance windows, outages caused by third-party infrastructure providers, and force majeure events. We will make commercially reasonable efforts to notify you in advance of any planned maintenance.

6.2 Previous ESP suppression list

If you previously sent email through a different email service provider or your own infrastructure and received opt-out or complaint notifications, we strongly recommend uploading those addresses as a suppression list to the MailGraf platform before your first send. This prevents re-sending to recipients who have already opted out and protects both your reputation and legal compliance.

6.3 Platform errors

If emails cannot be sent due to a fault in the MailGraf platform or its underlying infrastructure (and you have sufficient remaining quota), MailGraf will re-send the affected emails at no additional charge. This does not apply to delivery failures caused by recipient-side filtering, content issues or list quality problems.

7. Deliverability disclaimer

MailGraf does not and cannot guarantee the delivery of any email to any specific inbox. Email delivery depends on factors outside our control, including but not limited to:

Recipient mail server configuration and filtering policies
Internet service provider (ISP) and mailbox provider spam filters
The content and formatting of your email
Your sender reputation, list quality and authentication setup (SPF, DKIM, DMARC)
Recipient engagement behaviour

We will make commercially reasonable efforts to maintain high deliverability rates through our CSA-certified sending infrastructure, proactive IP reputation management and compliance monitoring. However, deliverability is a shared responsibility between MailGraf and the customer. Your list hygiene, content quality and authentication configuration directly affect whether your emails reach the inbox.

8. IP and domain reputation protection

MailGraf uses shared IP pools for standard accounts. The sending reputation of these IP addresses is shared across all customers. One customer's poor sending practices can negatively affect deliverability for other customers on the same pool.

To protect the shared infrastructure:

We actively monitor bounce rates, spam complaint rates and engagement metrics across all accounts
Accounts that degrade the reputation of the shared pool may be suspended, throttled or terminated
Customers on dedicated IP addresses are solely responsible for the reputation of their assigned IP

9. Payment terms

All prices are published on the MailGraf website. If MailGraf is registered for VAT, prices will be stated exclusive of VAT and VAT will be applied at the applicable rate. If MailGraf is not VAT-registered, prices are inclusive of all applicable charges.

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Payment is due on the date of invoice. We accept payment by credit card and bank transfer.

If payment is not received within 14 days of the due date, we may suspend your access to the Service until the outstanding balance is settled. If payment remains overdue for more than 30 days, we may terminate your account.

We will give you at least 30 days' written notice of any price changes. If you do not accept a price increase, you may terminate your subscription before the new pricing takes effect.

10. Cooling-off period and refunds

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers have the right to cancel within 14 days of entering into the contract without giving a reason.

If you request cancellation within 14 days and the performance of the Service has not yet begun, you will receive a full refund.

If you have expressly requested that the performance of the Service begin during the cooling-off period (for example, by requesting list cleaning, DNS configuration, template creation or sending your first campaign), you acknowledge that you lose your right of withdrawal to the extent that the Service has been performed. In such cases, a proportionate deduction may apply.

Annual subscriptions cancelled after the cooling-off period are non-refundable for the remaining term.

11. Customer data ownership

All data you upload to the Service, including subscriber lists, email content, images and templates, remains your property at all times. MailGraf does not claim ownership of your data.

We access your data solely for the purpose of providing the Service and will not share, sell or disclose your data to any third party except as required to deliver the Service (for example, to our infrastructure provider Maileon for email delivery) or as required by law.

You may export your data (subscriber lists, campaign reports) in CSV format at any time through the platform dashboard.

12. Data processing and UK GDPR

MailGraf processes personal data on your behalf as a Data Processor under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. You, as the customer, act as the Data Controller for the personal data of your subscribers. MailGraf does not act as a Data Controller for subscriber data under any circumstances.

Your obligations as Data Controller: You acknowledge that as Data Controller you are solely responsible for complying with all applicable data protection legislation, including obtaining all necessary consents from data subjects for the collection, processing and international transfer of their personal data. You warrant that all personal data shared with MailGraf under these Terms has been collected lawfully and with appropriate consent.

MailGraf shall not be liable for any claims, losses, fines or penalties arising from the customer's failure to comply with their obligations as Data Controller. If any regulatory authority imposes a fine or sanction on MailGraf as a result of the customer's breach of data protection obligations, the customer shall indemnify MailGraf for the full amount upon first demand.

Our infrastructure provider, Maileon (XQueue GmbH), acts as a Sub-processor. Maileon's data centres are located in Germany within the European Economic Area.

A separate Data Processing Agreement (DPA) is available and forms part of these Terms. The DPA sets out the specific obligations regarding data handling, security measures, breach notification, sub-processor management and data subject rights.

For details on how we collect and use personal information on our website, please refer to our Privacy Policy.

13. Intellectual property

The platform, software, design, branding, documentation and all other materials comprising the Service are owned by or licensed to MailGraf and are protected by applicable copyright, trademark and other intellectual property laws.

Your content (email designs, subscriber lists, uploaded images) remains your property. By using the Service, you grant MailGraf a limited, non-exclusive, non-transferable licence to use your content solely for the purpose of providing the Service.

You may not copy, modify, decompile, reverse-engineer or create derivative works from any part of the platform or its underlying software.

14. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the course of the business relationship, including but not limited to pricing, technical configurations, customer data and business strategies.

This obligation does not apply to information that is publicly available, independently developed, received from a third party without a confidentiality obligation, or required to be disclosed by law or court order.

15. Indemnification

You agree to indemnify, defend and hold harmless MailGraf, its officers, employees and agents from any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from:

Your use of the Service
Your email content and campaigns
Your violation of these Terms or any applicable law
Any claim by a third party relating to your subscriber list or sending practices

MailGraf agrees to indemnify you against claims arising directly from our negligence or our infringement of a third party's intellectual property rights in providing the Service.

Liability cap: The total aggregate liability of either party under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, shall not exceed the greater of (a) the total fees paid by you to MailGraf in the six months immediately preceding the event giving rise to the claim, or (b) one hundred pounds sterling (£100).

16. Limitation of liability

The Service and all materials on our website are provided on an "as is" basis. To the extent permitted by law, MailGraf makes no warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.

In no event shall MailGraf be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, loss of reputation or loss of opportunity, whether under statute, contract, equity, tort (including negligence) or otherwise.

For business customers: These limitations apply to the fullest extent permitted by law.

For consumers: Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law, including your statutory rights under the Consumer Rights Act 2015.

17. Termination

Either party may terminate these Terms by giving written notice to the other party.

Termination by the customer: You may close your account at any time through the platform dashboard or by contacting us.

Termination by MailGraf: We may suspend or terminate your account immediately and without prior notice if you:

Breach the anti-spam and acceptable use policy (Section 5)
Fail to pay fees when due (Section 9)
Engage in fraudulent or illegal activity
Cause material harm to the reputation or performance of our shared sending infrastructure

After termination: You will have 14 days from the date of account closure to export your data (subscriber lists, campaign reports). After this 14-day period, all customer data will be permanently deleted from our active systems. The following exceptions apply: suppression lists may be retained as required by anti-spam regulations to prevent re-sending to unsubscribed or bounced addresses; billing records and invoices may be retained as required by applicable tax and accounting law; and anonymised or aggregated data that can no longer identify any individual may be retained for analytical purposes.

Sections that by their nature should survive termination will remain in effect, including but not limited to: Intellectual Property, Confidentiality, Indemnification, Limitation of Liability and Governing Law.

18. Marketing reference

MailGraf may use your company name and logo as a customer reference on our website, in case studies and in marketing materials. You may withdraw this permission at any time by notifying us in writing at our contact form.

19. Force majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government action, power failure, internet or telecommunications failure, or failure of third-party infrastructure providers.

20. General provisions

Assignment: You may not assign, transfer or delegate your rights or obligations under these Terms without our prior written consent. MailGraf may assign its rights and obligations to a successor entity in connection with a merger, acquisition or sale of assets.

Entire agreement: These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Agreement and any order forms or service agreements, constitute the entire agreement between you and MailGraf regarding the Service.

Severability: If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time.

Notices: All notices under these Terms shall be in writing and sent by email. Notices to MailGraf should be sent to our contact form. Notices to the customer will be sent to the email address associated with their account.

21. Governing law and jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of England and Wales.

For business customers: You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales for any dispute arising out of or in connection with these Terms.

For consumers: If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. You may bring proceedings in the courts of the country in which you are domiciled.

For questions or concerns about these Terms of Service, please contact us:

MailGraf Digital Ltd Company No. 13282175 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ Contact us