Our terms are intended to define our superior service and compliance with anti-spam regulations. By using Mailigen, you are agreeing to be bound by the policies stated therein. We recommend you take a few moments and have a read through.
Mailigen makes a total commitment to the privacy of the information that you provide us with.
Spammers better look elsewhere !
We really shouldn't have to say this because it's a bit of a no-brainer but here goes:
Spamming is not cool, people!! We do not tolerate spam.
IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT BE ALLOWED TO USE THE SERVICES. THIS IS AN AGREEMENT FOR SERVICES AND YOU ARE NOT BEING GRANTED A LICENSE TO ANY SOFTWARE UNDER THIS AGREEMENT.
You are responsible for assuring that all the terms and conditions of this Agreement are complied with.
Mailigen prohibits the use of the Services by any person or entity that engages in any of the following:
Sending unsolicited commercial email is forbidden, see our Anti Spam Policy for more details. If you are unsure about how this applies to your email content, please contact our Technical Support Team before using the service.
1. Monthly Plans
In the case of the Monthly Plan, you will be billed monthly. If the monthly pre-payment subscription payment option is selected, you hereby authorize Mailigen to charge your credit card for such amounts on a monthly basis; generally on the first day of each month. Fees are payable in US dollars. If you choose to pay fees with a credit card you agree to pay them in the form of a recurring payment, under which the subscription fee is deducted automatically basing on the Account plan you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (hereinafter referred to as the "recurring payment date"). If Mailigen is for any reason unable to receive an automatic payment via your credit card, you will be notified via email and your Mailigen account may be disabled and/or the your ability to use the Services suspended, until payment is received. Monthly pricing will vary based upon subscriber count; you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by Mailigen.
Our charges for monthly plans are posted on our Website and may be changed from time-to-time. Payments are due for the full month for which any part of the month is included in the "Term." Payments are due for any month on the same date, or the closest date in that month, to the date of the month you signed up with us and made your first monthly payment (the "Pay Date"). For any month for which you have already paid, for which you increase either your number of email addresses or the number of Emails you send out to an amount that causes you to go to another pricing level, except as otherwise provided in this Agreement, you will be required to pay at the higher level on or before the Pay Date for the following month.
If the number of subscribers stored in Customer's account exceeds the subscriber level purchased, Customer's access to and use of the Services will be disabled until either the number of subscribers stored in its account is reduced or Customer upgrades its subscriber level to at least equal the number of subscribers stored in its account. Customer's subscriber level may be upgraded (but not downgraded) at any time during the term of this Agreement. The total number of emails per month that may be sent by each Customer using the Service cannot exceed one hundred and nine (109) times their subscriber level limit. For example, if a Customer's subscriber level limit is 100,000 they can send up to 10,900,000 emails per month. If a Customer believes they require a higher sending limit, they should contact Mailigen’s sales team at firstname.lastname@example.org
As long as you are a Member or have an outstanding balance with us, you agree to at all times provide us with valid credit card information. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected.
Whenever you increase the number of email addresses you are using or the number of Emails that you are going to be sending so that you are at a more expensive level, we may, at our sole discretion, require you to pay the difference in the monthly payment before the next Email is sent out.
Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email messages sent using the Services may be blocked or prevented at destination email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email messages is prevented or blocked by a third party.
2. Free Trial Period
In the event Customer elects to use the Services on a trial basis, Customer will not be billed for such use for a period of thirty (30) days commencing on the date Customer accepts this Agreement (as indicated below) (the "Trial Period"). During the Trial Period, Customer may use the Services subject to the subscriber limits posted on the Site. The subscriber limits for the Trial Period are subject to change at any time. Once Customer completes its free trial period or exceeds the free subscriber limit (even if Customer manually removes names from its subscriber list), whichever occurs first, the Trial Period will terminate. Upon such termination, Customer may purchase a monthly or annual subscription for the Services.
Trial accounts may send up to 100 emails. Every message is subject to manual message review during the trial period. Messages may be delayed as a result. You may upgrade your account at any time. If you have not upgraded your account by the end of the thirty (30) day trial period, you may log in and manage your lists, but you will not be able to send messages. Mailigen has a no tolerance spam policy that we take very seriously. Your account will be terminated if you send unsolicited email messages.
You may elect to buy "Email Credits" to use our Services, as explained on the "Pricing" page of our website, rather than sign up for a monthly plan. If you select a "Pay-as-You-Go Plan," you will still be considered a "Member" and all the terms of this Agreement will still apply to you other than the requirement that you pay us monthly.
For pay-as-you-go (prepaid) accounts, your email credits "roll over" and do not expire. However, if you do not log in to your account at least once for 12 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.
You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
1. Intellectual property notices
All content on Mailigen.com, including the logo, articles, other text and graphics are the intellectual property of Mailigen.com and protected trademark, trade dress, patent, copyright and other laws. You may not reverse engineer, decompile, or disassemble any software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Each party shall retain in confidence all proprietary and confidential information transmitted to the other that the disclosing party has identified in writing, or orally and then subsequently identified in writing, as being proprietary and/or confidential, and will make no use of such information except under the terms and during the Term of this Agreement. During the term of this agreement, and after the termination of this agreement, we will use all reasonable precautions and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share (unless required by law), sell or otherwise distribute the confidential information in your account. You agree to use all reasonable precautions and take all necessary steps to prevent our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all further confidential information from being acquired by unauthorized persons, and to take appropriate action, by instruction, agreement, or otherwise, with regard to all persons permitted access to our owned confidential information and data, in order to ensure our confidential information and data are protected. Client shall not disclose any of our confidential information to any person for any purpose other than as provided in this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (a) it has rightfully received from another party prior to its receipt from the disclosing party; (b) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence, (c) enters the public domain or becomes generally known to the public by some action other than breach of this Agreement by the receiving party; or (d) is independently developed by the receiving party. Each party shall safeguard proprietary and confidential information disclosed by the other using the same degree of care it uses to safeguard its own proprietary and confidential information but, in no event, shall use less than a reasonable degree of care. Each party's obligation under this paragraph shall extend for a period of three (3) years following termination or expiration of this Agreement.
3. Force Majeure
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, military intervention, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
You agree to indemnify and hold Mailigen, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Mailigen reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Mailigen.
If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
6. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Mailigen in any respect.
7. You hereby acknowledge and agree that Mailigen may identify you as its customer on Mailigen’s website and in its advertising, marketing, and promotional materials, including using your name, trademark, service mark, or corporate logo. Mailigen’s use of your trademark, service mark, or corporate logo will be made in compliance with any publicly posted usage guidelines posted by you. If you wish to remove your information, please contact our sales team.
We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
9. Complete Agreement; Governing Language.
This Agreement constitutes the entire agreement between you and Pipedrive Ireland Ltd relating to the Mailigen Service and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Mailigen. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
These processing rules are developed in accordance with the European General Data Protection Regulation (GDPR) 2016/679 ("GDPR") and apply to Data Controllers and Data Processors processing data on people in the European Union.
The purpose of the Data Processing Rules is to ensure that data subjects, including emails attached to the Site, are not used for unlawful purposes or disclosed to unauthorized persons, and to ensure that the processing of data by the Parties complies with applicable data protection laws.
These terms and conditions govern the data processing procedures used by the Data Processor on behalf of the Data Controller, i.e., the collection, recording, filing, storage, disclosure, deletion or any combination of such operations.
1. For the purposes of the Data Processing Terms
1.1. Data controller – a legal person ("YOU", "CLIENT", "CUSTOMER, "COMPANY") which, under this Contract, determines the purposes and means of data processing;
1.2. Data processor – a legal person ("Mailigen", "WE" or "US") and its affiliates, which under this Contract, processes personal data on behalf and under assignment of the data controller.
1.3. Personal data – any information, which is attributed to the identified physical person or physical person to be identified.
1.4. Processing – any action or set of actions, performed with personal data or sets of personal data, which is performed with or without automated means, for example, collection, registration, organization , structuring, storage, adjustment or transformation, recovery, viewing, use, disclosure, by sending, transmitting or otherwise rendering them available, coordination or combination, restricting, deleting or destroying.
1.5. Interface – software functionality of websites www.mailigen.lv or www.mailigen.com, which allows the User to enter data in the Website, perform management of the entered data, send messages and perform other activities, which are ensured by the relevant Website software.
1.6. User – authorized representative of the Company, who voluntarily selects the user name upon registration at the Website.
2. Within the framework of data processing Terms
2.1. Upon processing of data, MAILIGEN ensures the safety of the data to be processed, including ensuring corresponding technical and organizational measures.
2.2. Upon provision of the Service MAILIGEN as processor shall perform processing of Subject data, which have been transferred to it by the Company as controller of these data, under the context of the laws and regulations on personal data protection applicable in the Republic of Ireland. MAILIGEN shall process Subject data transferred to it only for the purpose specified by the Company, only after the Company has given order to process them and only to such extent as necessary to perform the task specified by the Company, to comply with the provisions of this Contract in processing of relevant data and laws and regulations on personal data protection applicable in the Republic of Ireland, being liable to the Company and the Subject for the damage caused, only if such has been caused by activity or idleness of MAILIGEN, if MAILIGEN ignores the provisions of this Contract or applicable laws and regulations in processing of the Subject data. MAILIGEN shall be fully liable for the activity/inactivity of its personnel, who are processing the personal data within the framework of the job responsibilities and the performance of this Contract, in compliance with this Contract.
2.3. These rules refer to all forms and categories of data, which are transferred to the data processor within the framework of this Contract.
2.3.1. Categories of Personal Data type - Within the framework of the Contract, The Company shall transfer to MAILIGEN for processing the following Subject data (I) electronic e-mail address and others that the Customer places on the Site, such as name, mobile phone number.
2.3.2. Collected Personal Data - Within the provision of the Service MAILIGEN shall gather the following personal data on the Subjects: (I) IP address, (II) address (country, city), (III) device use, (IV) browser used, (V) e-mail opening, blocked bounce and unsubscribe time, number of clicks;
2.3.3. Data subject categories - Subject data transferred to MAILIGEN shall apply to the following Subject categories (Data subject categories) - (I) Company customers or (II) potential Company customers and others that the Customer places on the Site, such as Company employees, potential Company employees, Company debtors.
2.3.4. Processing Purposes - Subject data shall be transferred to MAILIGEN only for the following purpose - (I) sending commercial notices of the Company, or/and (II) sending marketing and advertising materials of the Company, or/and (III) sending of a message prepared and addressed to a particular person, or/and (IV) sending of a message addressed to a particular person, if they subscribe to receiving news, unsubscribe from receiving of news or correct their profile information, or/and (V) processing of Subject data of the Company so that Mailigen would ensure statistical display of spam complaints, blocked e-mails, unsubscribed e-mails and opening data in the e-mail messages sent by the Company, or/and (VI) processing of Subject data of the Company if the Company requests MAILIGEN support in order to determine whether the Subject has received e-mail of the Company, when the e-mail has been sent to the Subject, why sending of the e-mail to Sender has been blocked, why the Subject has not received the e-mail, in order to restore an e-mail blocked in the active part of the list, why the e-mail has been delivered to the spam folder of the e-mail service provider, to unsubscribe e-mail from the list, to help upload a file to the Website, containing data Subjects, and in other support cases, which the Company requests from MAILIGEN.
2.3.5. Tasks specified by the Company in the processing of Subject data (Nature of the processing of Subject data transferred to MAILIGEN) - (I) Sending of an e-mail message, approved by the Company, to Subjects defined by the Company, and/or (II) Sending of an SMS message, approved by the Company, to Subjects defined by the Company, and/or (III) secure storage of Subject data, placed at the Website, and/or (IV) informing the Company of the Subjects, which have refused to receive messages or subscribed to receive messages, if such a possibility has been selected in the User Interface, and/or (V) Processing of spam complaints, blocked e-mails, unsubscribed e-mails, and opening data in the User Interface, in order to display data in the, sent e-mail reports and statistics in the Website Interface within the framework of the services provided by Mailigen, and/or (VI) In order to identify the sender, upon the request of the Subject, which is complaining to MAILIGEN regarding spam mail, and to inform the Company further of this, and/or (VII) Processing of the Subject data in order to ensure statistical display of spam mail complaints, blocked e-mails, unsubscribed e-mails and opening data in the e-mail messages sent by the Company.
2.3.6. Data transfer - The Company shall perform the transfer of Subject data to MAILIGEN, using a User account with Interface and/or API interface.
2.3.7. Subprocessor – 1) Rackspace, Hosting service in Germany; 2) SIA "TELIA LATVIJA", Hosting service in Latvia;
2.3.8. Term for processing of Subject data transferred to MAILIGEN – 3 (three) months after deletion of account at the Website or within 2 years after the last activity of the User at the Website (if the main User or the main User assigned sub-account has not accessed the Website account for 2 years, the account with the contained data shall be deleted).
3. Rights and obligations of MAILIGEN
MAILIGEN shall process the data entered in the User account, including the Subject data, either in the server, owned by it, which is located in Latvia, in the data center of SIA “TELIA LATVIJA”, or in the Rackspace data center located in Germany. In accordance with the contract signed between Mailigen and both subprocessors the data centers shall ensure the same data protection measures, as specified in this contract, including implementation of technical and organizational measures.
3.1. For the purpose of Service provision MAILIGEN shall, taking into account the rights and freedoms of the Subject, perform accounting and analysis (data display in statistical form, showing statistics of unsubscription, undelivered e-mails, clicks and e-mail opening in order to optimize the Service provided to the Company as well as email user activity score) regarding the campaigns performed by the Company via the Website, upon processing of the Personal data. In such case, MAILIGEN shall not disclose data of particular campaigns or any Company data (including Subject data) to third parties in an identifiable way without the previous written agreement of the Company, but shall only use these for general statistics in the relevant sector with the purpose of providing Services to the Company.
3.2. MAILIGEN shall ensure that:
3.2.1. Access to the User account and accordingly the data of the Company, including Subject data, shall be possible, using username and password of the User or the API code, if the User of the account has activated such API code in the Website. Information on Subject data is available also to persons authorized by Mailigen – personnel, who require data processing for the purpose of performing their job responsibilities. Such availability regarding Subject data shall be required to ensure Website and Interface quality and providing support to the User. Persona authorized by Mailigen, who have access to information on data Subjects and personal data of the Subjects, shall observe confidentiality, including not disclosing data to third parties and undertake all necessary activities to ensure the integrity and safety of personal data;
3.2.2. Audition records shall be taken, registering information on all Subject data processing events and keeping relevant registers until return and deletion of Subject data in accordance with the terms of this Contract, including registering each event, when:
220.127.116.11. Connection or connection attempt is made to the User account, using username and password of the User;
18.104.22.168. If MAILIGEN personnel, whom the Company has granted access, accesses the User account and Subject data, the person accessing the data, as well as the date and time of each access event shall be recorded;
3.2.3. During the entire validity of the Contract relevant organizational and technical measures shall be undertaken to ensure sufficient protection of Company data, including the Subject data, ensuring protection against data threats, caused by physical and technical impact, including ensuring continuous confidentiality, stability and accessibility of operation of systems used in processing, only to the authorized persons, by ensuring data protection, which shall be implemented by software tools, passwords, encryption and other logical means of protection;
3.2.4. Organizational and technical measures implemented by MAILIGEN in processing of Subject data shall ensure that relevant Subject data shall be protected against unauthorized processing, accidental and deliberate illegal processing, including use, forwarding, altering, amending, deleting, destruction or other loss, that these are not available and shall not be disclosed to unauthorized persons, including that these are not available to such personnel of MAILIGEN (employees or legal representatives), who do not need them directly for the performance of the Service;
3.2.5. MAILIGEN shall perform regular testing, assessment, and evaluation of technical and organizational measures to ensure the safety of Subject data upon processing thereof;
3.2.6. Subject data shall not be transferred for processing to third parties without receiving the previous written consent of the Company. The Company may provide consent also in electronic form, by confirming in e-mail that it does not object to transferring personal data to the third party. Before transferring processing activities MAILIGEN shall inform the Company in advance regarding the relevant third party, so that the Company could evaluate third party and object to transferring of personal data and in case, if the Company has consented to transfer of personal data to a third party, MAILIGEN shall ensure that the relevant third party shall comply with all obligations imposed by this Contract upon MAILIGEN in regard to the processing of Subject data, and that a corresponding written contract shall be signed with the relevant person before transferring of personal data to this person;
3.2.7. The Services may be performed using equipment or facilities located in the European Union or the United States. The MAILIGEN’S US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by Mailigen customers when using the Mailigen Service will receive from the Supplier and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).
By agreeing to these Terms, the Client grants the MAILIGEN a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Mailigen Services. The MAILIGEN will inform the Client of changes in such processors in advance.
3.2.8. upon processing of Subject data, MAILIGEN shall ensure their confidentiality and adequate safety level. MAILIGEN shall protect the data transferred for processing against destruction, alteration, the illegal distribution thereof and shall ensure that only accordingly authorized persons shall have access to these data. MAILIGEN shall also ensure the integrity of data transferred for processing and shall protect them from any other unauthorized and/or illegal processing, including ensuring that:
22.214.171.124. Only persons authorized by it shall access technical resources (information systems, etc.), used for processing and protection of Subject data;
126.96.36.199. Information carriers, which contain Subject data, are registered, moved, arranged, transformed, transferred, copied and processed only by persons authorized by it;
188.8.131.52. Any activities with Subject data shall be performed only by persons authorized for such activity, that access to Subject data is granted only to those persons who directly require it for provision of the Service in accordance with the instructions of the Company, and that the handling of Subject data by the relevant persons shall be supervised;
184.108.40.206. The Company shall be immediately informed of any unauthorized disclosure, use, processing, altering, amending, deleting, destruction or other loss of confidential information of the Company, in case MAILIGEN comes into possession of relevant information, as well as the information at the disposal of MAILIGEN regarding reasonable, existing threats that unauthorized disclosure, use, processing, altering, amending, deleting, destruction or other loss of confidential information of the Company may occur;
3.3. Until receiving further instructions from the Company, MAILIGEN shall be entitled to stop distribution of Company e-mails, immediately informing the Company thereof, by sending relevant notice to email registered in the Website of the Company, in the following cases:
3.3.1. If the Hard bounce rate of the campaign sent out by the Company is starting from 8-15%.
3.3.2. If the Abuse rate of the campaign sent out by the Company is more than 0.5%.
3.3.3. If the Unsubscribe rate of the campaign sent out by the Company is more than 1%.
3.3.4 If the Customer does not comply with Mailigen's anti-spam rules.
3.3.5 If the Customer's mailings affect the locking of Mailigen IP addresses and domains.
3.4. Until reaching further agreement with the Company, MAILIGEN shall be entitled to stop distribution of Company e-mails, immediately informing the Company thereof, by sending relevant notice to the e-mail registered in the Website of the Company, if the number of blocked e-mails, sent from the MAILIGEN Interface increases and/or if the delivery of sent-out e-mails is reduced in the inbox of the e-mail service provider (INBOX) due to the actions of the Company, as a result of which the reputation of MAILIGEN as the provider of the e-mail sending infrastructure service is affected.
3.5. MAILIGEN shall undertake no liability for undelivered e-mails or SMS messages if non-deliverance of e-mails or SMS messages has resulted from circumstances independent of MAILIGEN.
3.6. MAILIGEN shall comply with the written instructions of the Company in regard to the processing of Subject data, including in regard to the applicable technical and organizational measures and to immediately inform the Company, if MAILIGEN is unable to meet the provisions of this Contract and thus ensure meeting technical and organizational requirements of Subject data protection, data safety or execution of the instructions given by the Company.
3.7. In regard to the personnel involved in the processing of Subject data, MAILIGEN shall ensure that:
3.7.1. Relevant persons have undertaken confidentiality obligations and have undertaken to comply with the provisions of this Contract;
3.7.2. Persons who have access to Subject data within the framework of the performance of job responsibilities, and persons who are processing Subject data within the framework of the performance of job responsibilities, shall be trained in data protection matters, including the requirements specified in the applicable laws and regulations. MAILIGEN shall ensure annual training of its personnel at its own cost, therefore ensuring the improvement of skills and qualification of the personnel involved in personal data processing.
Mailigen contacts: info (at) mailigen.com & telephone at +371 28802307
Mailigen Data Protection Officer contacts: privacy (at) mailigen.com or by post mail to Aspazijas Boulevard 30-8, Riga, LV-1050, Latvia.
Updated: July 13, 2020.