Dear valued customer,
We would like to inform you that these Terms and conditions govern your use of the Mandaa.io Platform (the Platform) at https://mandaa.io and any related services provided by Mandaa.io, an email service provider with offices in Spain and Denmark. Please take the time to read and understand these Terms of Service, as they apply to your use of the Platform and any other services provided by Mandaa.io. By accessing the Platform, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing the Platform or using any other services provided by Mandaa.io.
We, at Mandaa.io, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication. Please note that any legal issues will be handled in Spain.
1. Introduction
1.1. These Terms and Conditions (the “Agreement”) govern the use of the Mandaa EUmail Software as a Service (SaaS) Solution (the “Services”) provided by Mandaa EUmail, located in Spain and Denmark.
1.2. By using the Services, you (“Customer”) agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you may not use the Services.
2. Scope of Services
2.1. The Services provide transactional email capabilities to Customers. Its intended use is for transactional emails only and not to act as a marketing platform for marketing / bulk emails.Â
2.2. Mandaa EUmail provides three plans to Customers: a Free plan, a Basic plan, and a Busy plan. The Free plan is free of charge and provides transactional email capabilities with some limitations on functionality and volume. The Basic and Busy plans are paid plans that provide expanded transactional email capabilities. The specific features and pricing of each plan are set forth in the Pricing page.
2.3 Limitations of Use
By using the Platform, you warrant on behalf of yourself, your users, and other parties that you allow access to your account, that you/they will not:
2.4. The Data Processor Agreement (DPA) is only available for the basic and busy plans.
2.5. Mandaa EUmail provides no guarantees with respect to the service.
3. Customer Obligations
3.1. Customer shall use the Services only for lawful purposes and in accordance with this Agreement.
3.2. Customer shall provide accurate and complete contact information to Mandaa EUmail, and shall promptly update such information as necessary to ensure that it remains accurate and complete.
3.3. Customer shall be responsible for maintaining the security of its account and passwords. Customer shall notify Mandaa EUmail immediately of any unauthorized use of its account or any other breach of security.
3.4. Customer shall comply with all applicable laws and regulations in connection with its use of the Services.
4. Mandaa EUmail Obligations
4.1. Mandaa EUmail shall use commercially reasonable efforts to provide the Services in a manner that is reliable and secure.
4.2. Mandaa EUmail shall provide customer support to assist Customers with issues related to the Services. Support to Free accounts will be provided on a best effort basis.
5. Intellectual Property Rights
5.1. Customer acknowledges that Mandaa EUmail owns all right, title, and interest in and to the Services, including all intellectual property rights.Â
5.2. Customer shall not, and shall not allow any third party to, copy, distribute, or use the Services for any purpose other than as expressly permitted by this Agreement.
5.3 Content that is created on the platform by the Customer is the intellectual property of the Customer.Â
6. Fees and Payment
6.1. Customer shall pay Mandaa EUmail the fees set forth in Pricing page. Invoicing will happen at then beginning of each invoice period.
6.2. Fees are non-refundable, except as expressly set forth in this Agreement.
6.3. Customer shall pay all fees due under this Agreement within 8 days of the date of the invoice unless otherwise is explicitly agreed in writing and signed by both parties. Any amounts not paid when due shall be subject to interest at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower.
6.4. If Customer fails to pay any fees due under this Agreement within 30 days of the date of the invoice, Mandaa EUmail may, without limiting any other rights or remedies available to it, terminate this Agreement and Customer’s access to the Services immediately upon written notice to Customer by email.
6.5. All prices exclude mandatory taxes and value added tax.Â
6.6. Customer acknowledges that Mandaa EUmail may change its fees and payment policies for the Services by providing notice to Customer at least 30 days prior to the beginning of the billing cycle in which such changes will take effect.
7. Governing Law and Dispute Resolution
7.1. This Agreement shall be governed by and construed in accordance with the laws of Spain, without giving effect to any choice of law or conflict of law provision.
7.2. Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation between the parties. If the parties are unable to resolve the dispute through negotiation, either party may submit the dispute to binding arbitration. The arbitration shall take place in Madrid, Spain and shall be conducted in English.. The award of the arbitrator(s) shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.
8. Termination
8.1. This Agreement shall remain in effect until terminated by either party.
8.2. Customers may terminate this Agreement at any time by providing written notice to the Supplier. No invoiced and paid fees will be returned.Â
8.3. Supplier may terminate this Agreement immediately upon written notice to Customer if Customer breaches any material term or condition of this Agreement, including but not limited to non-payment of fees.
8.4. Upon termination of this Agreement, Customer’s right to access and use the Services shall immediately cease.
9. Limitation of Liability
9.1. In no event shall Supplier be liable to Customer for any indirect, special, incidental, consequential, or punitive damages, or for any lost profits or revenues, arising out of or in connection with this Agreement, regardless of whether such damages were foreseeable or whether Supplier was advised of the possibility of such damages.
9.2. Supplier’s total liability to Customer under this Agreement shall be limited to the total fees paid by Customer to Supplier under this Agreement during the 12-month period preceding the event giving rise to such liability.
10. Miscellaneous
10.1. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements and representations.
10.2. Supplier may assign this Agreement without Customer’s consent. Customer may not assign this Agreement without the prior written consent of Supplier, which may be withheld in Supplier’s sole discretion.
10.3. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
10.4. No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy.
10.5. The parties are independent contractors, and nothing in this Agreement shall be construed as creating an agency, partnership, or joint venture between the parties.
10.6. The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
11. Use as reference and use of Logo
By using the Platform, you grant Mandda EUmail the permission to use your company’s name and logo on mandala.io.
These Terms of Service were last updated on 6. October 2023.
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