Terms of Service

Effective July 2, 2026

These Terms of Service (“Terms”) are a legal agreement between you (“you”, “your”, the “Customer”) and MailPanda (“MailPanda”, “we”, “us”, “our”). They govern your access to and use of mailpanda.ai, app.mailpanda.ai, and any related services, integrations, and APIs (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

MailPanda is an AI-powered email marketing platform for e-commerce brands. The Service analyzes your store, designs email campaigns and automated flows, and publishes them to your connected email platform or delivers them via MailPanda’s own sending infrastructure (“PandaSend”). MailPanda acts as your email service provider (“ESP”) and processor of marketing communications on your behalf.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract. If you are using the Service on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you individually and the entity.

3. Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized access to your account.

4. Acceptable use

Your use of the Service must comply with all applicable laws and our Acceptable Use Policy, which is incorporated into these Terms by reference. You may not use the Service to:

• Send unsolicited commercial email (“spam”) or messages to recipients who have not opted in.
• Violate any anti-spam laws, including CAN-SPAM, CASL, GDPR, or any other applicable regulation.
• Distribute malware, phishing attempts, or fraudulent content.
• Harvest, scrape, or purchase email lists.
• Impersonate any person or entity, or misrepresent your affiliation.
• Transmit content that is unlawful, defamatory, obscene, or infringing on the rights of others.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service or its infrastructure.

We reserve the right to suspend or terminate your account without notice if we reasonably believe you have violated these Terms or our Acceptable Use Policy.

5. Your content & data

You retain ownership of the content you provide to the Service (brand assets, copy, product information, email lists, and audience data). By using the Service, you grant us a limited, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display your content solely to provide and improve the Service. We do not sell your data or use one customer’s data to benefit another.

You represent that you have all necessary rights to the content you provide and that it does not violate any third-party rights. You are solely responsible for the accuracy and legality of your content and for obtaining any required consents from your subscribers and customers.

6. Customer data & privacy

When you connect your store or email platform, we may process data about your customers (such as email addresses, names, purchase history, and engagement metrics) on your behalf to segment audiences, configure flows, and measure performance. Our Privacy Policy describes the data we collect, how we use it, and your rights. You agree to provide any notices and obtain any consents required under applicable privacy laws for us to process your customer data as described.

7. Integrations

The Service integrates with third-party platforms such as Shopify, Klaviyo, and Stripe. Your use of those platforms is governed by their own terms and policies. We are not responsible for the availability, accuracy, or conduct of third-party services, and you acknowledge that enabling an integration may grant us access to data from those services as described in our Privacy Policy.

8. Fees & billing

Paid plans are billed in advance on a monthly or annual basis as described at checkout. All fees are non-refundable except as required by law. If payment fails, we may suspend or downgrade your account after a reasonable grace period. We may change pricing with 30 days’ notice; continued use after the change constitutes acceptance.

9. Intellectual property

MailPanda and its licensors retain all rights in the Service, including all software, designs, trademarks, and documentation. These Terms do not grant you any rights to use MailPanda’s trademarks or branding without prior written consent. AI-generated content created for you through the Service is licensed to you for your use; we do not claim ownership of the specific outputs generated for your brand.

10. AI-generated content

The Service uses artificial intelligence to generate email designs, copy, and other marketing content. AI outputs may require your review and editing before use. You are responsible for reviewing, approving, and ensuring the accuracy of all content before it is sent to your audience. MailPanda does not guarantee that AI-generated content will be error-free, legally compliant in your jurisdiction, or suitable for your specific use case.

11. Email sending & deliverability

If you use PandaSend or our sending infrastructure, you acknowledge that email deliverability depends on many factors outside our control, including recipient mail servers, spam filters, and your sending reputation. We do not guarantee delivery of any specific message. You agree to follow best practices for email sending and comply with our Acceptable Use Policy to maintain deliverability.

12. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, MAILPANDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAILPANDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless MailPanda and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your content; (c) your violation of these Terms or any applicable law; or (d) your violation of any third-party rights.

15. Term & termination

These Terms remain in effect until terminated. You may terminate by canceling your subscription and ceasing use of the Service. We may suspend or terminate your access at any time for any reason, including violation of these Terms. Upon termination, your right to use the Service ends immediately, and we may delete your data after a reasonable retention period, except as required by law.

16. Changes to the Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. For significant changes, we may also notify you by email or in the product. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Governing law & disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes arising out of these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

18. General

These Terms, together with our Privacy Policy, Security Policy, and Acceptable Use Policy, constitute the entire agreement between you and MailPanda regarding the Service. If any provision is found unenforceable, the remaining provisions continue in effect. Our failure to enforce any right or provision does not constitute a waiver. You may not assign these Terms without our consent; we may assign them freely. Headings are for convenience only.

19. Contact

Questions about these Terms? Contact us at support@mailpanda.ai.