mailinapp

Terms of Service

Effective date: July 27, 2026

These Terms of Service ("Terms") are a binding agreement between you (and, if applicable, the organization you represent, "Customer," "you") and Digitload ("we," "us"), the operator of MailInApp, a registered office at 330 Bay Street, Toronto, ON M5H 2S8, Canada. They govern your access to and use of mailinapp.com, the MailInApp dashboard and studio, our sending infrastructure, our APIs, and every related feature (together, the "Services"). By creating an account or using the Services, you agree to these Terms. If you don't agree, don't use the Services.

1. Definitions

  • "Account" means the MailInApp account you register, including any Team Members invited to it.
  • "Content" means everything you create, upload, or connect through the Services: studio project designs, contact and data-source rows, images, and any other material.
  • "Recipient" means a person your Content is sent to, or who interacts with it.
  • "Team Member" means a person your Account owner invites as an editor or viewer; a MailInApp Account belongs to exactly one owner or is joined as a member of exactly one team.
  • "Send API" means our transactional API (POST /api/v1/send) for triggering sends from your own backend.
  • "Mailbox" means the inbound-mail and native-inbox features described in Section 3: mail received at your own verified sending domain, and/or an external email account (Gmail, Outlook, Yahoo, or another IMAP/SMTP provider) that you or a Recipient connects to read, search, organize, and send mail from within the Services.

2. Eligibility and account registration

You must be at least 18 years old and, if you're accepting these Terms on behalf of a business or other organization, have the authority to bind that organization. You're responsible for the accuracy of your account information and for maintaining the confidentiality of your password, API keys, SMTP credentials, and any other credential you configure. You're responsible for all activity under your Account, including that of any Team Member you invite. Notify us immediately at [email protected] of any unauthorized use.

A viewer Team Member cannot make any changes. An editor can do everything an owner can except rotate credentials or manage the team itself (SMTP/payment/domain settings, API keys, webhook secrets, and inviting/removing Team Members are owner-only).

3. The Services

MailInApp is a no-code studio for building interactive emails (carousels, polls, forms, countdowns, spin-to-win, scored quizzes, scratch-off reveals, product checkout, and more) that degrade gracefully — via a fallback engine, not a required plug-in — in email clients that can't render interactivity. Depending on your plan and configuration, the Services may include: exporting static HTML for you to send through your own email service provider; native sending through your own SMTP relay or a verified sending domain; a Send API for developers; recurring/scheduled sends against a live audience filter; product checkout via your own connected Stripe account; an AI-assisted copywriting tool; inbound mail receiving at your own verified sending domain; and an optional native Mailbox experience for anyone who chooses to connect a Gmail, Outlook, Yahoo, or other IMAP-compatible email account — including reading, searching, organizing, composing, replying to, and forwarding mail directly from within that experience. We may add, change, or remove features, and may gate features by plan tier, at any time; where a change is material and adverse to paying Customers, we'll provide reasonable notice where practicable.

4. Plans and fees

Current plan tiers and their limits are described at mailinapp.com/pricing, which we may update from time to time. MailInApp does not currently operate self-serve billing — plan assignment is handled manually between you and us. Fees, once billing is enabled, will be disclosed before you're charged and are exclusive of applicable taxes, which you're responsible for. We may change pricing prospectively with reasonable notice.

5. Acceptable use — sending and content rules

This is the most important section for anyone sending email through MailInApp. You are solely responsible for your Content, your Recipient lists, and your compliance with every law that applies to them, including but not limited to Canada's Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act, the EU/UK's ePrivacy and data-protection rules, and equivalent laws wherever your Recipients are located. Specifically, you agree that you will:

  • Only send to Recipients who have given the level of consent required under the law that applies to them (for CASL, express or valid implied consent; you must be able to demonstrate how consent was obtained if we ask).
  • Never use a purchased, harvested, scraped, or otherwise non-consensual contact list.
  • Keep sender identification accurate and never falsify headers, sender names, or subject lines to disguise the message's origin or mislead the Recipient about its content.
  • Honor every unsubscribe or suppression request without delay — the Services provide a working unsubscribe mechanism in every campaign, and you must not attempt to route around it or re-add a suppressed address.
  • Never use the Services to send or facilitate: illegal content or goods, malware or phishing, deceptive or fraudulent schemes, hate speech or harassment, sexually exploitative content involving minors, or anything that infringes a third party's intellectual property or privacy rights.
  • Keep bounce and complaint rates within reasonable industry norms; we may suspend sending capability for an Account with abnormally high bounce or complaint rates while we investigate.
  • Only connect an email account (Gmail, Outlook, Yahoo, IMAP, or otherwise) to the Mailbox feature that you own or are otherwise authorized to access, and never use the Mailbox feature to read, search, or send from an account belonging to someone else without their permission.

We may investigate suspected violations and may suspend or terminate your access to sending features (with or without notice, depending on severity) if we reasonably believe you've violated this section. Violating this section may also expose you to liability under the laws referenced above, independent of anything in these Terms.

6. Your Content and data

As between you and Digitload, you retain all ownership rights in your Content, including your contact lists and campaign designs. You grant Digitload a limited license to host, process, transmit, and display your Content solely as necessary to provide the Services to you. You represent and warrant that you have all rights and consents necessary to upload your Content and to send to your Recipients, and that doing so doesn't violate any law or any third party's rights. As between you and your Recipients, you are the data controller for any personal data in your Content; Digitload processes it on your behalf as described in our Privacy Policy.

7. Payments, product checkout, membership subscriptions, and Stripe Connect

If you enable the product-checkout block or set up recurring membership/subscription plans, orders and subscription charges are processed through your own Stripe Connect account — Digitload is not a party to the resulting sale or subscription, never holds the funds, and never sees cardholder data. You are solely responsible for pricing, inventory accuracy, fulfillment, refunds, cancellations, and compliance with consumer-protection law for anything you sell or offer as a subscription this way, including determining, collecting, and remitting any sales tax, VAT, or other tax that applies to your prices — Digitload does not calculate, collect, or remit tax on your behalf. A payment dispute (chargeback) filed against your connected account may automatically and immediately pause your checkout feature pending review — this is a fraud-response measure, not a determination of fault, and you can reach us at [email protected] to have it reviewed and, where appropriate, restored.

8. Native sending, your domain, Mailbox, and your credentials

If you choose to send through your own SMTP relay or a domain you verify with us, receive inbound mail at that domain, or connect a personal email account (Gmail, Outlook, Yahoo, or another IMAP/SMTP provider) to the Mailbox feature, you're solely responsible for that relay's, domain's, or account's configuration, reputation, security, and deliverability, for keeping the associated credentials secure, and for your own compliance with that provider's terms of service (for example, Google's or Microsoft's own account and API terms). Digitload provides the infrastructure to send, receive, and sync; we don't control, and aren't responsible for, whether a given provider chooses to deliver, filter, block, or grant or revoke access to your mail.

9. API keys and the Send API

If you use the Send API, you're responsible for keeping your API key(s) confidential and for all activity performed with them. We may enforce rate limits and monthly volume caps according to your plan, and may revoke a key that we reasonably believe is compromised or being used abusively.

10. AI-assisted suggestions

Subject-line and copy suggestions generated by the optional AI assistant are produced by a third-party large language model and provided "as is," for your review only — they are never applied to your Content automatically. You're responsible for reviewing any suggestion for accuracy, appropriateness, and legal or trademark clearance before use, exactly as you would your own writing.

11. Third-party services

The Services rely on, or integrate with, infrastructure and APIs operated by third parties, including Google Cloud/Firebase, Amazon Web Services, Stripe, Google's Gemini and Gmail APIs, and any IMAP/SMTP email provider (such as Microsoft Outlook or Yahoo Mail) you or a Recipient chooses to connect to the Mailbox feature. Your use of features built on these integrations is also subject to those providers' own terms, and we're not responsible for their acts, omissions, or downtime.

12. Intellectual property

Digitload and its licensors own all right, title, and interest in the Services, including our software, the studio, the fallback engine, and the MailInApp name and logo. Nothing in these Terms transfers any of that to you, except the limited right to use the Services as permitted here. If you're on our Free plan, mailed emails include a small "Interactive email by MailInApp" footer badge; paid plans may remove it as described on our pricing page.

13. Confidentiality

Each party may receive confidential, non-public information from the other in connection with the Services. Each party agrees to protect the other's confidential information with the same degree of care it uses for its own similar information (and no less than reasonable care), and to use it only to perform under these Terms.

14. Service availability and changes

The Services are provided on an "as is" and "as available" basis. We don't guarantee uninterrupted or error-free operation, and we may perform maintenance, or modify or discontinue features, at any time. We don't currently offer a service-level uptime commitment unless we've agreed to one with you separately in writing.

15. Suspension and termination

You may stop using the Services and close your Account at any time. We may suspend or terminate your access, in whole or in part, if: you materially breach these Terms (including the Acceptable Use rules in Section 5); you fail to pay fees when due; we reasonably suspect fraud, abuse, or a security risk; or we're required to by law. Where practicable, we'll give you notice and an opportunity to export your Content first. Sections that by their nature should survive termination (including Sections 6, 12, 13, 17, 18, 19, and 20) will survive.

16. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT EVERY EMAIL CLIENT WILL RENDER YOUR CONTENT IDENTICALLY, THAT ANY GIVEN RECIPIENT'S INBOX PROVIDER WILL DELIVER YOUR MAIL, OR THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES. DIGITLOAD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) CAD $100. Nothing in these Terms limits liability that cannot be limited under applicable law.

18. Indemnification

You will defend, indemnify, and hold Digitload harmless from any claim, liability, damage, and expense (including reasonable legal fees) arising from: your Content; your Recipient lists and your basis for sending to them; products or services you sell through checkout; your violation of these Terms; or your violation of any law or third party's rights.

19. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You and Digitload agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada for any dispute not resolved informally. Before filing a claim, each party agrees to attempt to resolve the dispute informally by contacting the other in writing.

20. General

Entire agreement. These Terms, together with our Privacy Policy, our Data Processing Agreement (incorporated by reference and automatically applicable to your processing of personal data through the Services), and any order form or plan terms we agree to separately, are the entire agreement between you and Digitload regarding the Services. Severability. If any provision is found unenforceable, the rest remains in effect. Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of substantially all our assets. No waiver. Our failure to enforce a provision isn't a waiver of it. Force majeure. Neither party is liable for delay or failure caused by circumstances beyond its reasonable control. Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, or agency relationship. Changes to these Terms. We may update these Terms from time to time; if we make material changes, we'll update the effective date above and, where appropriate, notify you by email or an in-app notice. Continued use of the Services after a change takes effect means you accept the updated Terms.

21. Contact us

Digitload 330 Bay Street, Toronto, ON M5H 2S8, Canada Email: [email protected]