Terms of Service

1. About these terms

These terms are an agreement between you and MailBench SMTP ("we", "us", "our"), a company registered at House 613, Road 9, Mirpur DOHS, Dhaka 1216, Bangladesh. We provideMailBench SMTP (the "Service") through this website, https://mailbench.dev, and the dashboard at https://app.mailbench.dev.

By creating an account or using the Service you agree to these terms. If you use the Service for an organisation, you confirm that you have authority to bind it, and "you" means that organisation. If you do not agree, do not use the Service.

Our Privacy Policy and Refund Policy form part of these terms.

2. The service

MailBench SMTP is a hosted email-testing service. It provides an SMTP server that accepts email sent by your applications and stores it so you can inspect it, a dashboard, a REST API and webhooks.

The Service captures email; it does not deliver it. Messages sent to the Service are never forwarded to the recipients named in them. Do not use the Service to send email that you need to reach anyone.

3. Accounts

• You must give accurate details when you sign up and keep them up to date.
• You are responsible for your account, the members you invite to your workspace, and everything done with your account, inbox credentials and API keys. Keep them secret and tell us at once athello@ivivelabs.com if you think they have been misused.
• You must be at least 18, or the age of majority where you live, to create an account.

4. Acceptable use

The Service is for testing your own software. You must not use it, or let anyone else use it, to:

• send, store or test phishing, spam, malware or any other abusive or deceptive messages;
• process personal data of real people that you have no right to use, or more personal data than your testing needs. Use test or synthetic data wherever you can;
• use the HTML preview, links, attachments or any other part of the Service to attack, track or deceive other people, or to host or distribute harmful content;
• break any law, or infringe anyone's intellectual property, privacy or other rights;
• probe, scan or test the security of the Service, interfere with it, or get around its limits or access controls, except as we agree in writing;
• resell the Service or use it to build a competing product; or
• overload the Service, for example by exceeding rate limits on purpose or sending traffic you do not need.

We may remove content and suspend accounts that break these rules (see section 14).

5. Your content

"Your content" means the email messages, attachments and other data you or your applications send to the Service. You keep all rights in it. You give us a licence to host, copy, process and display your content only as needed to provide, secure and support the Service for you.

You are responsible for your content and for having the right to send it to us. Where your content contains personal data, you are the controller of that data and we process it on your behalf, as described in ourPrivacy Policy.

6. Plans, limits, quotas and retention

Each plan has limits on monthly email volume, message retention, team members, webhooks and API request rate. The current limits are on our pricing page. When you reach a limit, the Service may refuse or slow down further use of that feature until the limit resets or you change plans.

Captured messages are deleted automatically at the end of your plan's retention period (7 days on Free, 30 days on Pro and 90 days on Team). The Service is not a backup or archive; keep your own copy of anything you need.

We may change plans, prices and limits. We will give you at least 30 days' notice of a price increase or a reduction in a paid plan's limits, and the change applies from your next billing period.

7. Payment and Paddle

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

This means paid plans are sold to you by Paddle, which handles billing, payment, sales tax and VAT, invoices, cancellations and refunds. Paddle's Buyer Terms apply to your purchase, alongside these terms.

• Prices are shown in US dollars. Taxes are added at checkout where they apply.
• Subscriptions renew automatically at the end of each monthly or yearly billing period until you cancel. Paddle charges the payment method you gave at checkout.
• If a payment fails, we may move your workspace to the Free plan or suspend paid features until it is paid.

8. Cancellation and refunds

You can cancel a paid plan at any time from the billing page in your dashboard, or through Paddle. Cancellation takes effect at the end of the current billing period, and you keep paid features until then.

You can ask for a refund within 30 days of your first purchase or of a renewal, as set out in ourRefund Policy. Paddle processes refunds as merchant of record under itsrefund policy. If you are a consumer, nothing in these terms affects your legal rights, including any right to cancel.

9. Availability and changes to the service

We work to keep the Service available and reliable, but we do not guarantee any level of uptime or that the Service will be free of errors or interruptions. We may need to suspend it for maintenance, security or reasons outside our control.

We may improve, change or remove features. If we remove a major feature of a paid plan, we will tell you in advance.

10. Our intellectual property

We and our licensors own the Service, including its software, design and the MailBench SMTP name. These terms give you a limited, non-exclusive, non-transferable right to use the Service while your account is active. If you send us feedback, we may use it without any obligation to you.

11. Your responsibility to us

You will defend and compensate us, our staff and our suppliers for any claims, losses, fines and reasonable legal costs that arise from your content, or from your use of the Service in breach of these terms or of the law, including any claim that your content infringes someone's rights or that you processed personal data without a lawful basis. This section does not apply to consumers to the extent the law does not allow it.

12. Disclaimer

The Service is a testing tool. Its HTML, link and spam checks are guides, not guarantees of how a message will be treated by real email clients or spam filters. To the extent the law allows, the Service is provided "as is" and "as available", and we exclude all warranties not stated in these terms.

13. Limitation of liability

Nothing in these terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud.

Subject to that:

• we are not liable for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss; and
• our total liability to you for all claims in any 12-month period is limited to the greater of the amount you paid for the Service in that period and US$100.

14. Suspension and termination

• You can stop using the Service at any time, and you can ask us to delete your account by emailinghello@ivivelabs.com. Cancel any paid plan first.
• We may suspend or close your account if you seriously or repeatedly break these terms, if you do not pay, or if we must do so by law. Where it is reasonable, we will warn you first and give you a chance to fix the problem. We may act immediately to stop abuse or protect the Service or other people.
• We may stop providing the Service altogether with at least 60 days' notice.

Access ends when your account is closed, or at the end of the paid period if you cancel a paid plan and do not move to Free. Sections that by their nature should survive termination (including 5, 11, 12, 13, 15 and 19) continue to apply.

15. Your data when access ends

After your account is closed, you have 30 days to ask us for an export of the content still held for your account, unless we closed it for abuse or the law prevents it. After that we delete your content and account data, except data we must keep by law, as described in our Privacy Policy. Captured messages are always deleted when their retention period ends, so messages older than that cannot be exported.

16. Events outside our control

Neither of us is responsible for a delay or failure to perform these terms caused by an event beyond our reasonable control ("force majeure event"). Force majeure events include natural disasters, fire, flood, epidemic, war, terrorism, riot, government action, strikes (other than by our own staff), failures of public networks, power or the internet, and outages or attacks affecting our hosting or infrastructure providers that we could not reasonably prevent. The affected party must tell the other promptly and take reasonable steps to limit the effect. If a force majeure event stops the Service for more than 30 days, either of us may end the agreement by notice. This section does not excuse your obligation to pay for the Service you have received.

17. Changes to these terms

We may update these terms. If a change materially affects you, we will tell you by email or in the dashboard at least 30 days before it takes effect. If you do not agree, you can cancel before then. If you keep using the Service after the change takes effect, the new terms apply. The date at the top shows when these terms last changed.

18. Assignment

You may not transfer your rights or obligations under these terms to anyone else without our written consent. We may transfer them as part of a merger, acquisition, corporate reorganisation or sale of all or part of our business or assets, and will tell you if we do. Your rights under these terms will not be reduced by such a transfer.

19. Governing law and disputes

These terms are governed by the laws of Bangladesh. Any dispute arising from them will be decided by the courts of Dhaka, Bangladesh. If you are a consumer, you may also have the right to bring proceedings in your own country and to rely on the mandatory consumer protection laws that apply there. Before starting proceedings, please contact us so we can try to resolve the problem.

20. General

• These terms, with the policies they refer to, are the whole agreement between us about the Service.
• If a court finds part of these terms unenforceable, the rest stays in force.
• If we do not enforce a right straight away, we can still enforce it later.
• No one other than you and us has any right to enforce these terms.
• We may send you notices by email to your account address or in the dashboard.

21. Contact

MailBench SMTP, House 613, Road 9, Mirpur DOHS, Dhaka 1216, Bangladesh. Email hello@ivivelabs.com. See also ourcontact page.