Referred to as “Mailcoach Cloud” “we”, “us” or “our”.
1. What we offer you with Mailcoach Cloud
Spatie BV offers you with Mailcoach Cloud a Software as a Service on an as-is basis. Mailcoach Cloud functions as an email marketing platform where we take care of the hosting. You can use Mailcoach Cloud to send out marketing campaigns, transactional emails and email automations.
Mailcoach Cloud offers several options to send out these emails. You can choose between several email delivery services or use your own SMTP server. Mailcoach Cloud can also be integrated into your own systems by using an API.
Mailcoach Cloud will perform all its obligations with due diligence according to the industry standards.
Please see the https://mailcoach.app website for a detailed overview or contact us via firstname.lastname@example.org.
2. Price and Payment of Mailcoach Cloud
2.1. Mailcoach Cloud works on a subscription basis. You pay us a base license fee on a monthly basis in advance. Your first payment happens therefore before the license starts and all following payments happen before the start of each subsequent month. On top of that you pay an additional usage cost based on the volume of your sent emails. These additional fees are due at the end of each month and will be invoiced together with each monthly license fee. For specific information on our pricing please see our pricing page
2.2. All payments concerning the payment of your Mailcoach Cloud subscription shall be handled by Stripe in accordance with its terms and conditions. Spatie BV does not store any of your payment details.
2.3. For purchasing a subscription to Mailcoach Cloud, a valid email address is needed.
3. Use of Mailcoach Cloud
3.1. Spatie BV is the owner or licensee of all rights in relation to Mailcoach Cloud, including any and all copyrights under Belgian law.
3.2. It is not permitted to:
3.2.1. modify, copy, sublicense, lease, sell, publish, transmit, (re)distribute, perform, reverse engineer, assign, disassemble, decompile, participate in the transfer or sale, create derivative works of, or in any way exploit, Mailcoach Cloud, in whole or in part;
3.2.2. perform any action with the intention of damaging Mailcoach Cloud through viruses, ‘worms’, defects, ‘trojans’, ‘malware’, ‘spyware’ or items of a destructive nature;
3.2.3. use Mailcoach Cloud in a manner that could harm a person or otherwise harm, defame, abuse, harass or threaten a person or encourage third parties to do so;
3.2.4. use Mailcoach Cloud in a manner or for any purpose that is contrary to a law or other regulation, or for a transfer of data that is or may be illegal, defamatory, intimidating, invasive or harmful to the privacy of third parties, or contains viruses, or violates or may violate the intellectual property rights or other rights of Spatie BV, its licensors or other individuals or entities;
3.2.5. attempt to gain access to reserved or protected parts of Mailcoach Cloud, to which you have not obtained explicit access.
3.2.6. You will try to prevent any action that imposes an unreasonable or disproportionately large load on the Mailcoach Cloud infrastructure or that attempts to interfere with the proper working of our Mailcoach Cloud infrastructure.
3.2.7. We are authorised to send you messages via email regarding the use of our Mailcoach Cloud. If you provide feedback or suggestions, we may use this information to improve Mailcoach Cloud without any obligation to you.
3.1 Email types that we don’t allow on our Mailcoach Cloud email provider
This should go without saying, but you can’t use Mailcoach Cloud to do or promote anything illegal. There are other industries that aren’t illegal, but tend to generate a lot of spam complaints.
To be specific, we may not allow the following businesses or types of services to use Mailcoach Cloud:
- Emails offering to sell illegal goods or services
- Emails that violate CAN-SPAM Laws
- Pornography/sexually explicit content
- Escort services
- Pharmaceutical products
- Gambling services or products
- Multi-level marketing
- Affiliate marketing
- Make money online opportunities
- Credit repair and get out of debt opportunities
- Short-term / payday loan services
- List brokers or list rental services
- Selling “Likes” or followers for a social media platform
- Other emails that we find, in our sole discretion, hurt our reputation or our deliverability
In addition to the content guidelines above, there are a few other things we expect from our customers once you start sending with Mailcoach Cloud, regardless of your industry:
- Your spam complaint rate has to be lower than 1 in 1,000 emails (0.1%). If you exceed this limit your account might get paused while we work with you to figure out what’s going on.
- Your bounce rate has to be lower than 10% of all emails sent. Anything higher than that and inbox providers will start to think that you’re sending to poorly qualified recipients.
4. Duration – Termination
4.2. You are entitled to terminate your use of Mailcoach Cloud but shall, for the avoidance of doubt, in no event be entitled to the repayment of the paid monthly license fee and all outstanding usage costs remain due.
5. Updates and support
5.1. We can update Mailcoach Cloud and its functionalities as we deem required at our sole discretion. We may update Mailcoach Cloud without notifying you.
5.2. Mailcoach Cloud offers a chat function within the platform where you can ask all your questions related to the use of Mailcoach Cloud. We will take reasonable efforts to respond to your question as soon as possible. Spatie BV also doesn’t offer training to your staff or partners.
6. Intellectual Property
6.1. Your subscription grants you the permission to use Mailcoach Cloud. You do not obtain any (intellectual) property rights on Mailcoach Cloud itself. At all times, we remain the exclusive owner of Mailcoach Cloud, as well as the sole holder of all copyrights and other intellectual property rights on Mailcoach Cloud. Its code and structure are valuable trade secrets to us, which are protected by Belgian law.
7. Data protection
7.2. We strongly advise you to not use Mailcoach Cloud for the processing of sensitive personal data. Mailcoach Cloud has taken several technical and organisational measures to prevent data breaches. Nevertheless, email is an inherently unsafe medium and should therefore not be used to process sensitive personal data.
7.3. Being a controller comes with certain responsibilities. At no obligation to us, we wish to bring some of these commitments to your attention:
7.3.1. We can provide you with a signed version of our Data Processing Agreement, but only on your explicit request. Please contact us at email@example.com.
7.3.2. Mailcoach cannot determine the legal basis for your processing activities. This is your explicit responsibility. Nevertheless, we have developed Mailcoach Cloud in a privacy friendly manner in order to help you. By way of examples, we therefore offer the following functionalities:
184.108.40.206. Double opt-in: when a new person subscribes to your mailing list, a confirmation email will be sent. If this person doesn’t confirm their subscription, their personal data will be erased.
220.127.116.11. Default unsubscribe button: all email templates contain an unsubscribe button by default.
18.104.22.168. List of unsubscribed users: we provide a list of all the subscribers that unsubscribed from your mailing list. This is necessary to prevent accidental re-subscriptions.
22.214.171.124. Default prevention of re-subscriptions: when importing subscribers, re-subscription is turned off by default to prevent accidentally adding unsubscribed emails. When turning this on, a warning is displayed.
126.96.36.199. Privacy notifications: when you opt-out of one of the privacy default settings, you receive several notifications to ensure you know what you’re doing.
7.3.3. We also process the data of your employees. In this instance we operate as a controller when we process the data of the team owner (administrator) for creating an account on Mailcoach Cloud. However, when the team owner adds new users to the team, you act as a controller and Mailcoach Cloud as a processor. It is your responsibility to erase your employee’s personal data when they no longer work for you.
7.3.4. We will not erase subscriber data. It is your responsibility to erase this data when a subscriber asks you to.
8. Disclaimer of Warranty
8.1. Mailcoach Cloud is provided as is, “as available” and without warranties of any kind, either express or implied. We do not warrant that Mailcoach Cloud shall meet your requirements or that it shall be uninterrupted or error-free. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, or accuracy.
8.2. Any use of Mailcoach Cloud by you is under your responsibility and at your own risk. You are the sole responsible for the accuracy of data input into Mailcoach Cloud. In no event shall we be liable concerning the consequences of the use of Mailcoach Cloud by you.
8.3. You acknowledge and agree that we have no obligation to maintain, support, upgrade or update the Mailcoach Cloud.
8.4. To the extent permitted by applicable law, we shall not be liable for delays, service interruption or other issues inherent to the use of the Internet and electronic communications or other system failures beyond our control.
8.5. To to extent allowed by Belgian law, Mailcoach Cloud, its affiliates, directors, or employees will not be liable for any damages whatsoever, including without limitation, any loss of profits, loss of business, loss of use or data, interruption of business, or for direct, indirect, special, incidental or consequential damages of any kind.
10. Third-Party licenses
11. Miscellaneous provisions
Mailcoach Cloud will undertake, to the extent legally possible, to replace the invalid provisions by a new provision that corresponds to our objectives and choices.
12.3. If you have any questions or concerns, you may contact us by email at firstname.lastname@example.org.
13. Applicable law and disputes