Terms of Service | Mailtrap

Acceptance of Terms

IMPORTANT — READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE MAILTRAP SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

MAILTRAP IS OFFERED ONLY FOR BUSINESS-TO-BUSINESS CUSTOMERS, PROFESSIONALS AND PUBLIC INSTITUTIONS

PLEASE NOTE THAT THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT. PLEASE READ THE ARBITRATION PROVISION AS IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND MAILTRAP WILL BE RESOLVED.

Welcome to Mailtrap.io. These Terms of Service (hereinafter the “Terms of Service” or “Agreement”) govern Your use of any website, application, or service (collectively, the “Service”) operated by Railsware Products Studio LLC (referred to as “Mailtrap”, the “Company”, “we”, or “our” as applicable) that displays or links to these Terms of Service.

BY VISITING, VIEWING, OR USING THE SERVICE, YOU BEING A BUSINESS-TO-BUSINESS CUSTOMER, PROFESSIONAL OR PUBLIC INSTITUTION (REFERRED TO AS “CUSTOMER”, “YOU”, OR “YOUR” AS APPLICABLE) AGREE TO THESE TERMS OF SERVICE AND TO OUR PRIVACY POLICY. USING THE SERVICE ON BEHALF OF AN ENTITY, YOU AGREE THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS OF SERVICE ON BEHALF OF THE ENTITY, AND “YOU” REFERS TO THE ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE THE SERVICE. THESE TERMS OF SERVICE ARE APPLICABLE TO THE USE OF THE SERVICE ON A TRIAL OR FREE BASIS.

Mailtrap reserves the right to update and change these Terms of Service at any time. When such changes are made, we will publish the latest version of the Terms of Service on our website and update the Last revision date on the top left corner. By continuing to use or log in to the Service after the Terms of Service have changed, You indicate Your agreement to the revised Terms of Service. If You do not agree to these changes, You can stop using the Service at any time.

For the avoidance of doubt, the obligations and restrictions imposed upon You by these Terms of Service (as well as those in the Acceptable Use Policy) include an obligation on You to procure that Your Authorized End Users comply with those obligations and restrictions.

EU/EEA Data Processing

To the extent that Mailtrap processes any Personal Data as part of Customer Data that is subject to the General Data Protection Regulation (the “GDPR”), in the provision of the Service hereunder, the terms of the Railsware Products Studio LLC Data Processing Addendum, which are hereby incorporated by reference, shall apply.

For Mailtrap Authorized End Users and Customers that are located in the European Union or the European Economic Area, the Standard Contractual Clauses adopted by the European Commission, attached to the Data Processing Agreement, with Railsware Products Studio LLC, which provide adequate safeguards with respect to the Personal Data processed by us under this Agreement and pursuant to the provisions of our Data Processing Agreement apply.

Railsware Products Studio LLC complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Please check more about this in our Privacy Policy.

Service Description. Content

The Mailtrap Service grants access to a test SMTP server for testing, viewing, and sharing emails and the Mailtrap platform for creating, reading, sending, receiving, or analyzing transactional/relationship or commercial User Content or Service Content (each as defined below).

The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Service Content”). Subject to these Terms of Service, Mailtrap grants to You and each Authorized End User (as defined below) a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) the Service Content solely for purposes of using the Service. Use, reproduction, modification, distribution, or storage of any Service Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Service Content for commercial use or in any way that violates any third-party right.

You or an Authorized End User may upload, create, or generate data, text, messages, graphics, or other materials (collectively, “User Content”) when using the Service. Subject to these Terms of Service, You grant Mailtrap an irrevocable, perpetual, worldwide, non-exclusive, non-sublicensable, royalty-free, and transferable right and license to reproduce, encode, store, copy, transmit, publish, broadcast, send, display, create derivative works of, and otherwise use User Content in connection with offering the Service to You, including but not limited to the test SMTP server, the Mailtrap platform, and to send emails on your behalf, consistent with the Data Processing Addendum. We will not sell, license, rent, or otherwise use or exploit Your User Content for our commercial use.

Mailtrap does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that Mailtrap may store and display (only to You, to the extent that You make such User Content private) Your User Content solely as necessary in connection with the Service. To the extent You choose to share any of Your User Content with other users of the Service, including Authorized End Users, You agree to allow these users (i.e., only the users You specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.

Mailtrap takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features). Mailtrap reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content that violates these Terms of Service. Mailtrap also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request anywhere in the world, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Mailtrap, its Customers, users and the public. Mailtrap will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

For the purposes of these Terms of Service, “Content” includes all User Content and Service Content.

Restrictions on User Content

You understand that by using the Service, You may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will Mailtrap be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. Without limiting the foregoing, Mailtrap and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by Mailtrap or submitted to Mailtrap. You acknowledge and agree that Mailtrap may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process;
enforce the Agreement;
respond to claims that any Content violates the rights of third-parties; or
protect the rights, property, or personal safety of Mailtrap, its users and the public.

If Mailtrap discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third parties, to the extent permitted by law, regulation, or legal process, Mailtrap agrees to provide You with prompt notice of any such legal or governmental demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.

You understand that the technical processing and transmission of the Service, including Your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

Should User Content be found or reported to be in violation of, but not limited to, the following terms, it will be in Mailtrap’s sole discretion as to what action should be taken. You agree that You will not:

upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Mailtrap official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
upload, post, or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or “spam” for example (without limitation) an email that infringes CAN-SPAM or any other International Anti-Spam Laws (defined below). This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, including but not limited to (a) sending a mass email to recipients who haven’t requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
“stalk” or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices.
offer for sale or sell any item, good, or service that (i) violates any applicable federal, state, or local law or regulation, (ii) You do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Mailtrap determines, in its sole discretion, is inappropriate for sale through the Service provided by Mailtrap;
use the Account website as a redirecting/forwarding service to another website;
exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, having humans share User logins, or deleting, adding to, or otherwise changing other people’s comments or User Content as an Account holder. If any user is reported to be in violation of the letter or spirit of these terms, Mailtrap retains the right to terminate such an account at any time without further warning.

You agree not to access the Service by any means other than through the interfaces that are provided by Mailtrap for use in accessing the Service. Mailtrap will provide the Service in accordance with this Agreement.

Your Use of Mailtrap

You are permitted to use Mailtrap for one of the following permitted purposes:

Email testing – You may use Mailtrap as a test SMTP server for testing emails sent from the development and staging environments without spamming real customers or flooding Your own and team members’ inboxes.
Sending transactional/relationship or commercial Content – You may use the Service to send transactional/relationship or commercial Content, in accordance with the requirements and restrictions in applicable law, including the CAN-SPAM Act and related business guidance provided by the Federal Trade Commission at https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business.

Anti-Spam Requirements for Email

Anti-spam compliance is important to Mailtrap as the provider of an email marketing service because, for example, spam can lead to negative impacts for all our Customers. You must ensure that Your email transmissions comply with the U.S. CAN-SPAM Act of 2003 as well as any other international anti-spam laws applicable to You and the email transmissions that You send, for example (if You are based in the U.K. or if You send emails to customers based in the U.K), the UK’s Privacy and Electronic Communications (EC Directive) Regulations 2003 (“International Anti-Spam Laws”).

While Mailtrap takes many protective measures beyond what is required by law to help prevent spam and protect Mailtrap Services, it is Your responsibility to learn how various anti-spam regulations and laws may apply to You and Your Content.

Please note that this is Your obligation to determine whether any additional anti-spam or data protection laws apply to You and Your Content based on:

the country where your business is located and compliance with those laws; and
the country where your contacts or customers are located, and comply with those laws.

As a US-based company, Mailtrap complies with CAN-SPAM, the U.S. law that regulates promotional emails. You must respect Mailtrap’s anti-spam requirements, which comply with the U.S. CAN-SPAM Act.

Registration

In order to use the Service, You (including any end user associated with your organization for whom You establish access credentials to the Service, where applicable (“Authorized End User”) must have a valid registration account (“Account”). To acquire an Account for the Service, You must provide Mailtrap with an email address and other information (“Registration Data”). You are responsible for maintaining the confidentiality of the access data for Your Account and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Mailtrap at support@mailtrap.io of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Mailtrap cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

In consideration of the use of the Service, You agree to (a) provide true, accurate, current, and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Mailtrap assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Mailtrap has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Mailtrap has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof).

By using the Service (and registering an Account on the Service), You represent and warrant that You are the authorized representative of a business entity, professional organization, or public institution. No one under the age of 18 may use the Service. Mailtrap may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation. You understand and agree that the Service may include certain communications from Mailtrap, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them.

Billing/Payment Terms

We make Mailtrap Free subscription plan available to evaluate Mailtrap Services. Free subscription plan shall only be used by one (1) Authorized End User (which may be You or a representative from your organization) associated with one (1) entity or organization. For commercial usage or use of Mailtrap by multiple users, You must subscribe to a subscription plan that includes team members on Your Account.

We make paid subscription plans (“Paid Plan”) available to You with features described at https://mailtrap.io/pricing/. If You choose to subscribe to a Paid Plan, we will bill You for subscription fees (“Subscription Fee”) on a monthly or annual basis based on Your selection. Upon selection of a Paid Plan, You will provide Mailtrap with Your payment and billing information (“Billing Data”), such as Your credit card or ACH details (for annual subscription plans). All currency references are in U.S. dollars. You must provide current, complete, and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date) and You must promptly notify Mailtrap if Your payment method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that Mailtrap may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.

The credit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each billing period. You agree that Mailtrap may charge to Your credit card all amounts due and owing for Your Account on that billing period basis or upon cancellation (see “Termination, Breach, Suspension and Cancellation” and “Refund”). Mailtrap will contact You via email to alert You upon each charge. Mailtrap may change prices at any time without prior notice but will endeavor to provide reasonable advance notice via the Mailtrap website and/or email. You agree that in the event Mailtrap is unable to collect the fees owed to Mailtrap for Your Account through Your Subscription Fee, Mailtrap may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Mailtrap in connection with such collection activity, including collection fees, court costs, and attorneys’ fees.

As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the Service. You may, however, cancel Your Paid Plan at any time.

Subscription Fees are exclusive of any applicable taxes, levies, duties, or other similar exactions imposed by a legal, governmental, or regulatory authority in any applicable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications, or withholding taxes (collectively, “Taxes”). You will pay all taxes associated with this Agreement excluding any taxes based on our net income.

Termination, Breach, Suspension, and Cancellation

If Your Subscription Fee payment is overdue, Mailtrap will disable Your access to the features provided by the Paid Plan. Mailtrap may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Mailtrap may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Mailtrap may also withdraw and at its discretion reallocate the public web address of Your Account.

If You terminate Your Account, via means provided for cancellation on the Mailtrap website, or via telephone call or electronic mail to Mailtrap, and You request that Mailtrap delete Your User Content and files contained in Your Account, Mailtrap will make all reasonable efforts to do so.

Suspension of Service by Mailtrap

Maitrap may suspend the Service at any time and for any reason immediately upon notice to You, including if:

You violate these Terms of Service or applicable law, including laws and regulatory requirements regarding sending commercial Content by email;
there is an unusual and material spike or increase in Your use of the Service and Mailtrap believes that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Mailtrap Service;
You or an Authorized End User materially breaches (or we believe that You or an Authorized End User has materially breached) any provision of the Agreement, including any obligations under our Acceptable Use Policy;
You or an Authorized End User uses the Mailtrap Service in a way that in our judgment threatens the security, integrity, or availability of the Service;
You are operating in a country or region prohibited under the Export Controls of the United States of America;
You or an Authorized End User engages in activities within a country subject to economic or financial sanctions or trade embargoes implemented, administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Departments of State or Commerce or any other US government authority, the United Nations Security Council or the European Union;
Mailtrap determines that the provision of the Mailtrap Service to You is prohibited or limited by applicable law or regulation; or
information in Your account is untrue, inaccurate, or incomplete.

Cancellation and Refund Policy

If You use a Paid Plan, Mailtrap provides You an option to request a refund within the 30 (thirty) days starting from the first day of purchase, in case you are not satisfied with the Mailtrap Services.

At the same time Mailtrap reserves the right to provide You with partial refund only, in case Your usage volume exceeds 30% of Your Paid Plan scope. In such case Mailtrap will provide You with a prorated refund amount.

If Mailtrap suspends the Services for any reason listed above under “SUSPENSION OF SERVICES BY MAILTRAP” or for any other reason listed in these Terms of Service, a refund shall not be provided.

Compliance with Laws

You agree represent, and warrant to Mailtrap that:

You will comply with all laws and regulations applicable to Your (including any Authorized End User’s) use of the Mailtrap Service to send, receive, or test email or other communications, including securing all necessary consents and/or giving all necessary opportunities to opt-out, and complying with all laws, regulations, and industry guidance and best practices relating to email deployment and the Content of emails;
You will obtain and maintain all necessary consents required to lawfully transfer data to the Mailtrap Service and to enable such data to be lawfully collected, processed, and shared by Mailtrap for the purposes of providing the Mailtrap Service or as otherwise directed by You;
You will provide all notices and obtain all necessary consents required by applicable data protection laws to enable Mailtrap to deploy cookies and similar tracking technologies lawfully on and collect data from the devices of contacts and Authorized End Users (where applicable);
To the extent Mailtrap processes User Content protected by Data Protection Laws as a processor on Your behalf as defined in the Data Processing Agreement, You and Mailtrap shall be subject to and comply with the Mailtrap Data Processing Agreement, which is incorporated into and forms an integral part of these Terms of Service. The Mailtrap Data Processing Agreement sets out our obligations with respect to data protection and security when we process User Content on Your behalf in connection with the Mailtrap Service.

When You use Mailtrap to send commercial Content, You agree, represent, and warrant to Mailtrap that:

You are the sender or instigator of all Your email communications that You send to recipients, and You will ensure that You implement (and any Authorized End User implements) direct human oversight over the transmission of each email communication You send using the Services;

You will obtain specific consent and ensure You have an up to date record of the consent required by the laws applicable to You to send commercial emails to Your recipients before sending the emails to those recipients;
You will not use any incorrect or misleading names, addresses, emails, subject lines, or other information in the Service or in any content created, managed, or sent using Mailtrap;
You will ensure that emails of Your recipients are obtained by You in a lawful and transparent manner, and were not generated by automated means or received from any third parties without a legal basis;
You will not send any email communications to any recipient that has previously opted-out of receiving Your commercial emails at any time; You will not include any misleading or deceptive Content in the subject line, header, or body of Your emails;
You will ensure the subject line of Your emails will always accurately reflect the content of the email and You will identify the email as an ad or commercial communication in accordance with applicable legal obligations;
You will include a full name of Your organization that uses the Services, a valid physical postal address and contact email with which Your recipients can reach You in each email communication You send;
You will provide an opt-out option at any point in which You collect Your customers contact details for marketing purposes;
You will provide an opt-out option for Your recipients in each commercial email, so they can directly unsubscribe from such emails. You will ensure that the opt-out process will be free of charge, and will not require any additional steps from the recipients, other than sending a reply email or visiting a single page on an Internet website as a mechanism for submitting an opt-out request;
If You use the Mailtrap suppression list service, You agree not to send commercial emails to any email address listed on the suppression list;
You will process opt-out requests without undue delays, but no later than within 10 calendar days since the day of the respective request – but You will not send email communications to any recipient that has previously opted-out;
You will not use any Service Content contrary to any applicable law, including but limited to CAN-SPAM, International Anti-Spam Laws, and the advertising laws that may apply to You anywhere in the world;
You will not send pornography and/or sexually oriented materials using the Service;
You will follow and respect the limitations provided by our Acceptable Use Policy; and
You will not ask or encourage Your receivers to forward Your commercial emails to their friends or family or disclose the contact details of their friends and family to use for commercial emails.

You’re responsible for determining whether the Mailtrap Service is suitable for You to use in light of Your obligations under any regulations like HIPAA, GLB, Data Protection Laws, United States export control laws and regulations, economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), CAN-SPAM Act, California Consumer Privacy Act, Canada’s Anti-Spam Legislation, or any International Anti-Spam Laws. If You’re subject to regulations (like HIPAA) and You use the Mailtrap Service, then we won’t be liable if the Mailtrap Service doesn’t meet those requirements. You represent and warrant that your use of the Mailtrap Service will comply with all applicable laws and regulations, including CAN-Spam and any International Anti-Spam Laws. You may not use the Mailtrap Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other applicable laws.

If You collect any personal information pertaining to a minor and store such information within Your Mailtrap account, You represent and warrant that You have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

General Practices Regarding Use and Storage

You agree that Mailtrap has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Mailtrap may establish general practices and limits concerning the use of the Service and may modify such practices and limits from time to time. Mailtrap retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.

You agree that You will not:

upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt our Service or networks connected to our website or through the use of our Service, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Service, or otherwise interfere with our Service in any way, including through the use of JavaScript, ActiveX or other coding;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your User Content), or create derivative works from our website (other than from Your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Mailtrap or any other third party, except with the prior written consent of Mailtrap or the appropriate third party.

Proprietary/Intellectual Property Rights

The Service and any software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Mailtrap and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks, and service marks associated or displayed with the Service. You will not remove, deface, or obscure any of Mailtrap’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile, or otherwise reduce to human-readable form any software associated with the Service.

Mailtrap is a Trademark of Railsware Products Studio LLC.

Under these Terms of Service, You hereby authorize Mailtrap to reference You and Your company’s brand name, publicly stating You are a Mailtrap customer, utilize Your and Your company’s trade name, trademarks, service marks, or images (including graphic symbols/logos) associated with You in Mailtrap marketing materials, and/or publish feedback provided by You and Your representatives concerning Mailtrap. This permission extends to Mailtrap’s marketing, promotional, or advertising materials, as well as Mailtrap’s website.

Export Restrictions

You acknowledge that the Service or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer, or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

International Use

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.

No Resale of The Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use the Service, or access the Service without the express permission of Mailtrap.

Injunctive Relief

You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to Mailtrap, its affiliates, suppliers, and any other party authorized by Mailtrap to resell, distribute, or promote the Service (“Resellers”), and under such circumstances Mailtrap, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting a bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

Your Representations and Warranties

You represent and warrant that (a) all of the information provided by You to Mailtrap to participate in the Service is correct and current; and (b) You have all necessary rights, power, and authority to enter into these Terms of Service and to perform the acts required of You hereunder.

No Warranties or Representations by Railsware Products Studio LLC

You understand and agree that the Service is provided “as is” and Mailtrap, its affiliates, suppliers, and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of Your data on Mailtrap servers. Mailtrap, its affiliates, suppliers, and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of the use, security, or performance of the Service remains with You. No oral or written information or advice given by Mailtrap or its authorized representatives shall create a warranty or in any way increase the scope of Mailtrap’s obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Mailtrap, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

Indemnification

You shall, at Your expense, defend, indemnify and hold harmless Mailtrap and its affiliates, suppliers, and Resellers (including their respective officers, directors, employees and agents) from and against any and all third-party demands, liabilities, costs, expenses (including all reasonable attorneys’ fees), losses, damages, judgments, or settlements arising or resulting from a claim or proceeding brought by a third party as a result of: (1) Your use of the Service, Service Content, or Your Account (or an Authorized End User’s use of the Service or their Account); (2) Your noncompliance with applicable law, including but not limited to the CAN-SPAM Act, any International Anti-Spam Laws, or any data protection laws, or any provision or warranty in the “COMPLIANCE WITH LAWS” section in these Terms of Service; (3) Your delivery of an email message to an individual on a suppression email list, whether or not maintained by Mailtrap, where such delivery is not caused directly by any act or omission of Mailtrap; (4) Your delivery of an email message to an individual where You have not obtained and recorded the form of consent required by the laws applicable to You; (5) Your delivery of an email message to an individual who has at any time opted out of receiving email communications from You; (6) Your willful misconduct or gross negligence; (7) Your infringement or violation of any copyright, trademark, patent, trade secret or other intellectual property right or proprietary right of any third party or of Mailtrap, including without limitation Your User Content; or (8) Your breach of these Terms of Service.

Modifications to Service

Mailtrap reserves the right to modify or discontinue the Service (or any part thereof) temporarily or permanently with or without notice and at any time. You agree that Mailtrap shall not be liable to You or to any third party for any modification, suspension, termination, or discontinuance of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between You and Mailtrap is intended or created by these Terms of Service.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MAILTRAP AND ITS AFFILIATES, SUPPLIERS, AND RESELLERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE, ARISING FROM (1) YOUR USE OF THE SERVICE OR INABILITY TO USE THE SERVICE, (2) ANY THIRD PARTY’S USE OF THE SERVICE OR INABILITY TO USE THE SERVICE, OR (3) THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES. THESE EXCLUSIONS APPLY EVEN IF MAILTRAP AND/OR ITS AFFILIATES, SUPPLIERS, OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE EXCEED THE GREATER OF THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SERVICES IN THE PAST TWELVE (12) MONTHS, OR $500.

Waiver and Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Mailtrap Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, the United States of America, without regard for choice of law provisions thereof.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat, or legal place, of arbitration, shall be Middletown, State of Delaware. The language to be used in the arbitral proceedings shall be English. The number of arbitrators shall be one.

Entire Agreement/General Provisions

This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Mailtrap upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Mailtrap, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. If it turns out that a particular provision in these Terms of Service is held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

All notices or other correspondence to Mailtrap under this Agreement must be sent to the following electronic mail address for such purpose:
support@mailtrap.io

Or the following physical address:

Railsware Products Studio LLC
925 N La Brea Ave, Suite 400, office 560, West Hollywood, CA 90038, US

Last revision: 29 October 2024