Terms of Service

1) Acceptance

By using the Service, you agree to these Terms. If you use the Service on behalf of a business, you confirm you have authority to bind that business.

2) What MailEnv is

MailEnv provides tooling and infrastructure to help you send and manage email using third-party services (including Amazon Simple Email Service "Amazon SES"). We do not control recipient mail servers, mailbox providers, or final inbox placement.

3) Eligibility

The Service is intended for users 18 and older. If you are under 18, you may only use the Service with parental or guardian guidance and supervision, and the adult is responsible for compliance with these Terms.

4) Your account and security

You are responsible for all activity under your account and for keeping credentials secure. We may suspend accounts showing signs of compromise or abuse.

5) Manual verification and approval (required)

To protect deliverability, prevent abuse, and comply with provider requirements, we manually verify each customer account.

Before you can send emails or use certain features, you must submit basic information about you and/or your business, which may include:

• legal name
• business name (if applicable)
• physical address
• phone number
• email address
• basic information about your intended purpose, audience, and sending practices

We may deny approval or restrict functionality at our sole discretion, including where we believe intended use violates these Terms, our Acceptable Use Policy, or third-party provider rules.

6) Acceptable Use and consent rules

This Service is not for mass broad cold marketing.

You may use MailEnv to send marketing or promotional emails only to:

• subscribers who have explicitly consented (opted in), and/or
• existing customers or subscribers with a legitimate relationship where you can demonstrate consent or appropriate permission.

We enforce security and subscriber verification measures. We may require that your contacts be verified through our system. In limited cases, we may perform a manual review and approve sending for accounts that appear legitimate, at our sole discretion. Manual review is not a bypass for bulk cold outreach.

You may not use the Service to:

• send spam or unsolicited bulk email
• send to purchased/rented/scraped lists
• send phishing, malware, fraud, or deceptive content
• violate any law or third-party terms

You are solely responsible for your lists, consent, compliance, and content.

7) Verification, deliverability, and performance

Deliverability depends on factors outside our control (recipient providers, reputation, content, list quality, etc.). We do not guarantee delivery, inbox placement, open rates, click rates, or revenue.

We may enforce sending limits, throttling, blocking, or additional verification to protect infrastructure, reputation, and compliance.

8) Third-party services (Amazon SES and others)

The Service depends on third-party providers (including Amazon SES). Third parties may enforce their own rules, throttle, reject, suspend, or terminate sending, and may experience outages or changes.

MailEnv may provision and operate Amazon SES sending resources through Company-managed AWS accounts and sub-accounts. You acknowledge that sending activity may be routed through infrastructure we manage and that we may apply throttling, verification, monitoring, and enforcement controls to protect deliverability, comply with provider policies, and prevent abuse.

We are not responsible for third-party failures, policy actions, suspensions, API changes, or outages.

9) Payments, billing, and refunds

Fees and billing cadence are shown at checkout or in your plan details.

Refunds: No refunds by default. However, we may, at our discretion, review requests and consider exceptions based on your usage, account status, and service activity. Any exception is not a waiver for future cases.

10) Suspension and termination

We may suspend or terminate access immediately if we believe you violated these Terms, pose risk to the Service or providers, or are involved in suspected fraud/abuse. You remain responsible for amounts owed through termination.

11) Your content and data

You retain ownership of your content. You grant us permission to process data as needed to operate, secure, and improve the Service.

12) Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EMAILS WILL BE DELIVERED OR PLACED IN ANY PARTICULAR INBOX.

13) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 90 DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

(Some jurisdictions do not allow certain limits, so those limits apply only to the extent allowed.)

14) Indemnification

You agree to defend and indemnify Miami Web Lab LLC from claims arising from your content, your lists/consent, your violation of laws or third-party terms, or misuse of the Service.

15) Changes

We may update these Terms. Continued use after changes means you accept the updated Terms.

16) Governing law and venue

These Terms are governed by the laws of the State of Florida, USA, excluding conflict-of-law rules. Venue is Miami-Dade County, Florida courts (state or federal), unless applicable law requires otherwise.

17) Contact

Miami Web Lab LLC
devops@miamiweblab.com