Terms of Service

Effective date: 2026-05-07

1. Acceptance & Tech-Platform Disclaimer

By accessing or using MiraMail (the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms constitute a binding agreement between you (the "Customer") and [Operator Legal Entity Name TBD] (the "Operator").

2. Service Description

MiraMail, operated by [Operator Legal Entity Name TBD], is a customer-lifecycle email-marketing platform with a REST API and a native MCP server for AI-agent automation. Features include broadcasts, automation campaigns, segments, contact management, AI-assisted copy generation, and a visual email builder.

3. Accounts

You must register an account to use most features. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us immediately at security@miramail.io of any unauthorized use.

4. Acceptable Use

You agree NOT to use the Service to:

• Send unsolicited commercial email ("spam") or any content prohibited under CAN-SPAM, GDPR, CASL, LGPD, the EU ePrivacy Directive, or other applicable anti-spam laws.
• Impersonate any person or entity, or misrepresent your affiliation.
• Send content that is illegal, defamatory, harassing, or that infringes intellectual-property rights.
• Reverse-engineer, decompile, or attempt to extract source code beyond what is permitted by the open-source license terms.
• Resell, white-label, or sub-license the Service to third parties without prior written consent.

Customer represents and warrants that every email sent through the Service has a valid legal basis under the laws applicable to the recipient. MiraMail makes no such warranty on Customer's behalf. We reserve the right to suspend or terminate accounts that violate these rules, with or without notice.

5. Customer Compliance Obligations

Customer expressly acknowledges and agrees to bear sole responsibility for the following compliance obligations:

• Records of consent / lawful basis. Maintain auditable records of consent or other lawful basis (legitimate interest, contractual necessity, etc.) for every contact uploaded to the Service.
• Recipient rights. Promptly honor unsubscribe, opt-out, erasure, rectification, portability, restriction, and objection requests from recipients in accordance with the laws applicable to that recipient.
• Privacy notice. Maintain Customer's own privacy notice referencing MiraMail (operated by [Operator Legal Entity Name TBD]) as a sub-processor and describing the categories of data processed.
• Registration. Register as a data controller in jurisdictions that require it (e.g., notification to the national supervisory authority where required).
• Breach notification. Notify recipients and regulators of any personal data breach affecting Customer's data. MiraMail will notify Customer per §10 of the DPA; the Customer remains responsible for all downstream notifications.
• Anti-spam compliance. Comply with all anti-spam laws, including obtaining valid consent where required, providing accurate sender identification, including a functional unsubscribe mechanism in every commercial email, and including a valid physical postal address where mandated (e.g., CAN-SPAM §5(a)(5)).
• Tax compliance on resale. Customer is not authorized to resell or white-label the Service without a separate written agreement (see §8); where any such agreement is in place, Customer remains solely responsible for tax compliance on Customer's resale of services.

6. Plans, Billing, and Cancellation

Paid plans are billed monthly in advance. Limits (contacts, emails per month, AI tokens) are documented on the pricing page and enforced by the platform. You may upgrade, downgrade, or cancel at any time from Settings → Billing. Refunds for unused portions of a billing period are issued at our discretion; annual prepay is non-refundable past 14 days.

7. Email Sending Reputation

We share sending infrastructure with other customers on lower tiers. Spam complaints, bounces, or other reputation-damaging behavior may result in immediate suspension. Production-grade sending requires a verified custom domain configured in Settings → Sending Domain.

8. Data Ownership and Processing

You retain all rights to data you upload (contacts, templates, broadcasts, etc.). You grant [Operator Legal Entity Name TBD] a limited license to process that data solely to provide the Service.

All recipient data uploaded by Customer is processed by MiraMail solely as a Data Processor under Customer's instructions; Customer is the Data Controller for all such data. See the DPA for the full processor terms, and our Privacy Policy for details on data MiraMail collects from Customer as the account holder.

9. Intellectual Property

The Service, including its UI, code, and documentation, is owned by [Operator Legal Entity Name TBD] and licensed under the Elastic License 2.0 (ELv2). The ELv2 permits self-hosting for non-commercial use; commercial SaaS resale is not permitted without a separate commercial agreement.

10. Disclaimers

10.1 AS IS warranty disclaimer

THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. [Operator Legal Entity Name TBD] does not warrant that the Service will be uninterrupted, error-free, or free of harmful components.

10.2 No legal advice

MiraMail does not provide legal advice. The Service's compliance features (cookie banner, GDPR export, account deletion, audit logs, unsubscribe links, etc.) are tools, not substitutes for Customer obtaining qualified legal counsel for Customer's specific situation and jurisdiction. Customer must independently determine whether the Service, as configured by Customer, meets Customer's regulatory obligations.

10.3 No guarantee of deliverability

We do not guarantee uninterrupted operation, error-free output, or specific deliverability rates. Email deliverability depends on factors outside our control (recipient mail-server policies, sender-domain configuration, content filters, recipient-side anti-spam systems).

11. Limitation of Liability

To the maximum extent permitted by law, the aggregate cumulative liability of [Operator Legal Entity Name TBD] under or in connection with these Terms shall not exceed the fees Customer paid for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. [Operator Legal Entity Name TBD] shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data.

Carve-out. Nothing in this section limits or excludes liability that cannot be limited or excluded under mandatory law, including liability for fraud, willful misconduct, or gross negligence by [Operator Legal Entity Name TBD], or for death or personal injury caused by negligence (required minimum under EU consumer-protection law).

[Operator Legal Entity Name TBD] shall not be liable for damages arising from Customer's failure to comply with applicable laws (including but not limited to GDPR fines, CAN-SPAM penalties, CASL penalties, regulatory complaints, or supervisory-authority sanctions) or from claims brought by Customer's recipients or end-users.

12. Indemnification by Customer

Customer shall indemnify, defend, and hold harmless [Operator Legal Entity Name TBD] and its affiliates, directors, officers, employees, agents, and sub-processors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• (a) Customer's use of the Service;
• (b) Customer's content, recipients, or sending lists;
• (c) Customer's violation of any law, regulation, or third-party right (including intellectual-property rights and rights of privacy or publicity); and
• (d) any claim by Customer's recipients, end-users, or by any regulatory or supervisory authority concerning Customer's processing of personal data through the Service.

13. Termination

Either party may terminate this agreement at any time. Customer may terminate at any time without cause via Settings → Account → Delete. Upon termination Customer's access ends. Customer's data export remains available for 30 days post-termination via the export tool. After that window data is deleted from production systems; data may persist in encrypted backups for up to 30 additional days before backup rotation removes it (see DPA §13).

14. Changes to Terms

We may update these Terms periodically. Material changes will be communicated by email at least 30 days before they take effect. Continued use after that date constitutes acceptance.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Bulgaria and, where applicable, the European Union, without regard to its conflict-of-laws principles. The courts of Bulgaria shall have exclusive jurisdiction over any dispute, claim, or proceeding arising from or relating to these Terms or the Service, subject to mandatory consumer-protection rules in the recipient's jurisdiction.

16. Operator Identity

• Operator: [Operator Legal Entity Name TBD]
• Registration №: [Registration Number TBD]
• Registered office: [Registered Address TBD]
• Jurisdiction: Bulgaria (BG)
• General: hello@miramail.io
• Privacy: privacy@miramail.io
• DPO: dpo@miramail.io
• Security: security@miramail.io

17. Contact

Questions about these Terms? Email hello@miramail.io.