Terms of Service

These Terms of Service ("Terms") are a binding agreement between [MiniMailer legal entity — TBD], Lugano, Switzerland ("MiniMailer", "we") and the person or entity that creates an account ("Customer", "you"). By creating an account or using the service, you accept these Terms, the Privacy Policy, the Data Processing Agreement, and the Acceptable Use Policy, which are incorporated by reference.

1. Agreement and parties

These Terms govern your access to and use of MiniMailer. If you use the service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms.

2. Definitions

"Service" = MiniMailer's email-infrastructure platform (REST API, dashboard, MCP server, inbound parsing, webhooks). "Recipient" = a person to whom email is sent through the Service. "Agent" = an automated/AI client acting under the Customer's credentials. "Sending Domain", "Suppression", "Overage" have their ordinary operational meaning in the documentation.

3. The Service

MiniMailer provides developer-focused email infrastructure on an evolving, "as-is" SaaS basis. We may add, change, or remove features; we will not materially degrade core functionality of a paid tier within a billing period without notice.

4. Accounts

You must register with accurate information, verify your email address, and keep your credentials (passwords, passkeys, API tokens) secure. You are responsible for all activity under your account, including activity by your Agents. One account per legal entity unless otherwise agreed.

5. Billing and payment

• Merchant of Record. Payments are processed by Polar, our Merchant of Record. Your payment transaction is with Polar and subject to Polar's terms; Polar collects payment, handles tax, and remits to MiniMailer. MiniMailer sets the prices.
• Subscription model. The Service is sold on a subscription basis. Current tiers, included volumes, and overage rates are on our pricing page, which forms part of these Terms.
• Cycle & overage. Subscriptions are billed per calendar month, anchored to your start date. Email sent above your tier's included volume is charged at the tier's overage rate and invoiced in arrears. A paid subscription is charged its flat tier fee even in a month with zero sends.
• Annual plans. Annual subscriptions receive the published discount; overage rates are unchanged.
• Free tier. The free tier is an integration/testing tier with a monthly cap and a daily cap. It is a hard stop: once the monthly limit is reached, send requests return 402 Payment Required until you upgrade or the next period begins. No card is required. Domain DNS verification is required before any sending. Inbound email is always received and is never metered.
• Subscription state. If payment fails, your subscription may enter a grace period during which sending continues (dunning handled by Polar). On non-payment or cancellation, outbound sending is blocked and the account becomes read-only; inbound mail continues to be received for 30 days from the terminal transition, after which it is rejected at the SMTP layer.
• Refunds & chargebacks. Handled by Polar under its Merchant-of-Record terms.

6. Customer obligations and data-protection warranties

You are the data controller for your Recipients' personal data; MiniMailer is your processor under the DPA. You warrant that you have a lawful basis under the GDPR for the underlying processing and, separately, that you meet the applicable e-marketing consent rules for each Recipient — under the EU ePrivacy Directive (Art. 13) / its national implementations (prior consent for marketing email, or the soft opt-in for existing customers), and the equivalent Swiss rule for recipients in Switzerland — that you honour unsubscribe requests, and that you comply with applicable law (including the GDPR, the Swiss nFADP, CAN-SPAM, CASL, and similar). You must verify your Sending Domains (DNS/DKIM) and must not act in a way that damages shared sender reputation. You will comply with the Acceptable Use Policy.

7. AI agents and the MCP interface

You may operate Agents (including AI agents via the MCP server) under your credentials. You are fully responsible for all actions taken by your Agents, including all sends and all compliance obligations. Per-agent identifiers are an operational feature and do not shift responsibility away from you.

8. Suspension and termination

We may suspend or terminate access for breach of these Terms or the AUP, for activity that threatens sender reputation or the integrity/security of the Service, for non-payment, or where required by law. We will use reasonable efforts to give notice where practicable. On termination, data handling follows the DPA (including the 30-day inbound grace) and the data-lifecycle policy; opt-out records are retained as necessary to continue honouring your legal opt-out obligations. You may terminate at any time from the dashboard.

9. Service availability

We use commercially reasonable efforts to keep the Service available. No formal SLA is offered on standard tiers; an availability SLA may be offered to Enterprise customers by separate agreement. We may perform maintenance and will seek to minimise disruption.

10. Intellectual property and licences

MiniMailer and its licensors own the Service and all related IP. You retain ownership of your content and data. We grant you a limited, non-exclusive, non-transferable right to use the Service (including the API and MCP server) per these Terms and the documentation. If you give us feedback, we may use it without restriction.

11. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service and use it only to perform under these Terms.

12. Disclaimers and limitation of liability

The Service is provided "as is". Email delivery depends on factors outside our control (recipient mail systems, third-party reputation signals, upstream delivery infrastructure) and is not guaranteed. To the maximum extent permitted by law, MiniMailer is not liable for indirect, incidental, or consequential damages, and our total aggregate liability is limited to the total fees you paid to us in the trailing 12 months [cap to be confirmed]. Nothing limits liability that cannot be limited by law.

13. Indemnification

You will indemnify MiniMailer against claims arising from your content, your Recipients, or your breach of these Terms or the AUP.

14. Governing law and disputes

These Terms are governed by the laws of Switzerland, with exclusive jurisdiction in the courts of [Ticino / Lugano — TBD], without prejudice to any mandatory consumer-protection rights.

15. General

We may update these Terms; material changes will be notified and take effect on the stated date. You may not assign these Terms without our consent; we may assign them in connection with a merger or asset transfer. If any provision is unenforceable, the rest remains in effect. These Terms (with the incorporated documents) are the entire agreement.