Terms of use

These Mailcoach Terms of Use (the “Terms of Use”) apply only to the services provided through the Mailcoach environment. Mailcoach is a product by Spatie BV, with registered offices at Kruikstraat 22/12, 2018 Antwerp, Belgium and registered at the CBE under number BE 0809.387.596

Referred to as “Mailcoach” “we”, “us” or “our”.

By using Mailcoach. You explicitly agree to these Terms of Use.

1. What we offer you with Mailcoach

Spatie BV offers you with Mailcoach a Software as a Service on an as-is basis. Mailcoach functions as an email marketing platform where we take care of the hosting. You can use Mailcoach to send out marketing campaigns, transactional emails and email automations.

Mailcoach offers several options to send out these emails. You can choose between several email delivery services or use your own SMTP server. Mailcoach can also be integrated into your own systems by using an API.

Mailcoach 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 support@mailcoach.app.

2. Price and Payment of Mailcoach

2.1. Mailcoach 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 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, a valid email address is needed.

3. Use of Mailcoach

3.1. Spatie BV is the owner or licensee of all rights in relation to Mailcoach, 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, in whole or in part;

3.2.2. perform any action with the intention of damaging Mailcoach through viruses, ‘worms’, defects, ‘trojans’, ‘malware’, ‘spyware’ or items of a destructive nature;

3.2.3. use Mailcoach 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 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, 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 infrastructure or that attempts to interfere with the proper working of our Mailcoach infrastructure.

3.2.7. We are authorised to send you messages via email regarding the use of our Mailcoach. If you provide feedback or suggestions, we may use this information to improve Mailcoach without any obligation to you.

3.2.8. When you create an account with us, you must provide us with all necessary and correct information, and ensure that this information remains up-to-date. You may not provide any false or incorrect information to us about your identity or misrepresent your identity in any other way. We will only use your personal data for the purposes for which we have this data at our disposal, and in a manner that is in accordance with these Terms of Use and our privacy policy.

3.2.9. If you use Mailcoach on a device and/or platform of a third party OR use third party software through Mailcoach (e.g. the email delivery services), you are also bound by the general terms & conditions, terms of use, privacy policy of that third party when using Mailcoach. You confirm that you have taken note of such conditions and that you accept them. If this is not the case, you shall not be allowed to use Mailcoach.

3.1 Email types that we don’t allow on our Mailcoach email provider

This should go without saying, but you can’t use Mailcoach 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:

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, 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

4.1. We may terminate or suspend your access to Mailcoach at any time, including in the event of your actual or suspected unauthorised use or of non-compliance with these Terms of Use, without any liability.

4.2. You are entitled to terminate your use of Mailcoach 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.

4.3. As long as you use Mailcoach, these Terms of Use shall apply.

5. Updates and support

5.1. We can update Mailcoach and its functionalities as we deem required at our sole discretion. We may update Mailcoach without notifying you.

5.2. Mailcoach offers a chat function within the platform where you can ask all your questions related to the use of Mailcoach. 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. You do not obtain any (intellectual) property rights on Mailcoach itself. At all times, we remain the exclusive owner of Mailcoach, as well as the sole holder of all copyrights and other intellectual property rights on Mailcoach. Its code and structure are valuable trade secrets to us, which are protected by Belgian law.

7. Data protection

7.1. We process personal data on your behalf and as per your instructions. We do not determine the purpose or essential means for your processing activities. Therefore you are considered to act as a controller according to the General Data Protection Regulation (GDPR) and we act as a processor. By using Mailcoach you consent with our Data Processing Agreement and our Privacy Policy.

7.2. We strongly advise you to not use Mailcoach for the processing of sensitive personal data. Mailcoach 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 privacy@mailcoach.app.

7.3.2. Mailcoach cannot determine the legal basis for your processing activities. This is your explicit responsibility. Nevertheless, we have developed Mailcoach in a privacy friendly manner in order to help you. By way of examples, we therefore offer the following functionalities:

7.3.2.1. 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.

7.3.2.2. Default unsubscribe button: all email templates contain an unsubscribe button by default.

7.3.2.3. 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.

7.3.2.4. 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.

7.3.2.5. 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.

7.3.2.6. Privacy policy: we provide the option to include a link to your privacy policy in the emails so that you can correctly inform the subscribers.

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. However, when the team owner adds new users to the team, you act as a controller and Mailcoach 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 is provided as is, “as available” and without warranties of any kind, either express or implied. We do not warrant that Mailcoach 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 by you is under your responsibility and at your own risk. You are the sole responsible for the accuracy of data input into Mailcoach. In no event shall we be liable concerning the consequences of the use of Mailcoach by you.

8.3. You acknowledge and agree that we have no obligation to maintain, support, upgrade or update the Mailcoach.

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, 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.

9. Indemnification

You agree to indemnify and hold us harmless, our affiliates and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney and legal fees and expenses) arising from your improper use of Mailcoach, your violation of these Terms of Use, or your infringement, or the infringement or use by any other user of your account in relation to Mailcoach (for example: the infringement of any intellectual property).

10. Third-Party licenses

10.1. Specific components bundled with Mailcoach may be provided under third party licenses and may be subject to other terms and conditions as those of these Terms of Use.

10.2. You shall be required to obtain for yourself all licenses for third-party software not included within your subscription. We do not assume any responsibility in case of infringement of such third party license terms of use by you.

11. Miscellaneous provisions

11.1. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions..

Mailcoach will undertake, to the extent legally possible, to replace the invalid provisions by a new provision that corresponds to our objectives and choices.

12. Changes to these Terms of Use

12.1. We reserve the right, at our sole discretion, to change or replace these Terms of Use or parts of it at any time. When we make material changes to the Terms of Use, we will make reasonable efforts to send you a clear notice before the changes take effect. Only we decide what constitutes as a material change.

We advise you to check these Terms of Use periodically for modifications. By accessing or using Mailcoach after these Terms of Use have been modified, we presume you have read and agreed to accept these modifications. If you do not agree to these Terms of Use, please stop using Mailcoach.

12.2. We shall make sure that the latest version of these Terms of Use shall always be available on https://mailcoach.app/terms-of-service.

12.3. If you have any questions or concerns, you may contact us by email at support@mailcoach.app.

13. Applicable law and disputes

13.1. The Terms of Use are governed in all respects by and shall be interpreted and construed in accordance with Belgian law.

13.2. Disputes concerning the execution or interpretation of these Terms of Use shall be submitted exclusively to the courts of Antwerp.