Last Updated: January 2026
PREAMBLE
The website https://mailivery.io and https://app.mailivery.io (the "Website") and related services are published by SourceIT Technologies, Inc., a company registered in the State of Illinois, United States (hereinafter "Mailivery," "Company," "we," "us," or "our").
These Terms of Service ("Terms," "Agreement") govern your access to and use of the Mailivery platform, software, and services ("Services"). The terms "Client," "Customer," "you," or "your" refer to the individual or entity entering into this Agreement.
BY CREATING AN ACCOUNT, ACCESSING, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.
IMPORTANT NOTICES:
• SECTION 15 (ARBITRATION) contains a binding arbitration agreement. Please read it carefully.
• SECTION 16 (CLASS ACTION WAIVER) requires disputes to be resolved individually, not as part of a class action. This waiver applies whether disputes are resolved in arbitration or in court.
"Customer Account" means an online account created by you to access the Services.
"Customer Email Account" means the email account(s) you connect to the Mailivery platform for the use of the Services.
"Credentials" means the login credentials, app passwords, API keys, or other authentication methods used to connect your email accounts to Mailivery.
"Downstream Users" means any third parties to whom you provide services using the Mailivery API or platform.
"Interactions" means the automated sending, receiving, opening, replying to, and managing of emails between Customer Email Accounts and the Mailivery network as part of the email warmup process.
"Plan" means the subscription tier selected by the Customer, as described on the Website's pricing page.
"Services" means all services provided by Mailivery, including but not limited to Email Warmup, Blacklist Monitoring, Email Verification, and API access.
"Software" means the Mailivery web application, mobile applications, and any related technology used to deliver the Services.
Mailivery provides email deliverability tools designed to help improve the reputation of your email sending accounts. The Services include:
Mailivery generates Interactions between your connected Customer Email Account(s) and the Mailivery network, which may include email accounts of other Mailivery customers. These Interactions include:
• Sending emails from your Customer Email Account
• Receiving and replying to emails
• Opening emails and marking them as important
• Moving emails out of spam folders to the primary inbox
DISCLAIMER: Email warmup is designed to improve email sender reputation over time. However, Mailivery does not guarantee specific deliverability results, inbox placement rates, or improvements in email performance. Results vary based on numerous factors outside of Mailivery's control, including but not limited to your email content, sending practices, domain reputation, and policies of email service providers. Mailivery is not responsible for any actions taken by email service providers (such as Google, Microsoft, or others), including account suspension, restriction, or termination.
Mailivery monitors public blacklists to detect if your domain or IP address has been listed.
DISCLAIMER: Blacklist monitoring is provided for informational purposes only. Mailivery does not guarantee detection of all blacklist entries, immediate detection upon listing, or delisting services. You are solely responsible for remediation and delisting efforts. Mailivery is not liable for any damages resulting from blacklist entries, delayed detection, or failure to detect a listing.
Mailivery provides email verification services to help you validate email addresses before sending.
DISCLAIMER: Email verification results are provided "as-is" based on data available at the time of verification. Mailivery does not guarantee 100% accuracy, and email addresses verified as "valid" may still bounce due to factors beyond our control (temporary server issues, catch-all domains, recent account closures, etc.). You are solely responsible for how you use verified email lists and for compliance with applicable anti-spam laws.
Mailivery may provide API access to allow programmatic integration with the Services.
DISCLAIMER: API access is provided "as-is" without any service level agreement (SLA) unless explicitly stated in writing. Mailivery reserves the right to implement rate limits, modify API endpoints, or revoke API access for any reason, including suspected abuse. You are responsible for securing your API credentials and for all activity that occurs using your API keys.
DOWNSTREAM LIABILITY: If you use the Mailivery API to build applications, integrations, or services for Downstream Users, you are solely responsible for those Downstream Users and their compliance with these Terms. You agree to indemnify and hold Mailivery harmless from any claims, damages, or liabilities arising from the actions of your Downstream Users. Mailivery has no obligation to support, maintain, or provide any warranties to your Downstream Users.
REQUIRED DOWNSTREAM TERMS: If you provide services to Downstream Users using the Mailivery API, your agreement with each Downstream User must include, at minimum, the following provisions:
(i) A prohibition on using the service to build competing email warmup, deliverability, blacklist monitoring, or email verification software products;
(ii) A disclaimer of warranties stating services are provided "as-is" without guarantees of deliverability results;
(iii) A limitation of liability capping damages to fees paid;
(iv) An indemnification clause requiring the Downstream User to indemnify you (and by extension, Mailivery) for misuse;
(v) A requirement to comply with all applicable anti-spam laws, including CAN-SPAM, CASL, and GDPR where applicable.
COMPETITIVE USE PROHIBITED: You may not use the Mailivery API, data, or any information obtained through the Services to build, support, or enhance any software product or service that competes with Mailivery, including but not limited to email warmup software, email deliverability platforms, blacklist monitoring tools, or email verification services. You may not reverse engineer, analyze, or monitor the Mailivery network, algorithms, or warmup patterns for the purpose of replicating or competing with the Services. Violation of this provision will result in immediate termination of your account and may result in legal action.
AGENCY USE PERMITTED: For clarity, this competitive use restriction does not prohibit marketing agencies, consultants, or service providers from using the Services on behalf of their clients as part of their service offerings, provided they are not building a competing software product. Agencies may resell access to the Services or include Mailivery as part of a managed service, subject to compliance with all other provisions of these Terms.
Mailivery reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. This includes adding, removing, or changing features, functionality, pricing tiers, API endpoints, or third-party integrations. Mailivery will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. We will make reasonable efforts to notify you of material changes that significantly affect your use of the Services.
Mailivery provides email deliverability tools, not legal advice. The Services do not constitute legal, compliance, or regulatory advice regarding CAN-SPAM, GDPR, CASL, or any other anti-spam, privacy, or data protection laws. You are solely responsible for ensuring that your email practices, content, and campaigns comply with all applicable laws and regulations. If you have questions about legal compliance, you should consult with a qualified attorney. Mailivery is not liable for any fines, penalties, or legal consequences resulting from your failure to comply with applicable laws.
The Services are intended for professional and business use and are only available to individuals who are at least eighteen (18) years of age and legally capable of entering into contracts. By using the Services, you represent and warrant that you meet these requirements.
When creating an account, you agree to provide accurate, complete, and current information. You are responsible for maintaining the accuracy of this information and for updating it promptly if it changes. Providing false, inaccurate, or misleading information may result in immediate termination of your account.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Mailivery immediately at accounts@mailivery.io if you become aware of any unauthorized access or security breach. Mailivery will not be liable for any loss or damage arising from your failure to protect your account credentials.
To use certain Services, you must connect your Customer Email Account(s) to Mailivery. By connecting your email account, you expressly authorize Mailivery to:
• Access your email account using the credentials or authentication method you provide (such as app passwords or OAuth)
• Send emails on your behalf as part of the warmup process
• Receive, open, and reply to emails
• Move emails between folders (including out of spam)
• Access email metadata necessary to provide the Services
You represent and warrant that:
• You have the legal right and authority to connect the email account(s) to Mailivery
• You will comply with all terms of service of your email provider (Google, Microsoft, etc.)
• You are solely responsible for maintaining adequate backups of your email data
Mailivery is not responsible for any loss, corruption, or deletion of data in your connected email accounts.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation, including but not limited to the CAN-SPAM Act, GDPR, CASL, or other anti-spam and data protection laws
• Send unsolicited bulk email (spam) using email accounts warmed through Mailivery
• Use purchased, scraped, or illegally obtained email lists in connection with the Services
• Send content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to Mailivery systems, other user accounts, or connected networks
• Reverse engineer, decompile, or disassemble any portion of the Software
• Use any automated means (bots, scrapers, etc.) to access the Services except through our official API
• Interfere with or disrupt the integrity or performance of the Services
• Collect or harvest email addresses or contact information from Mailivery warmup recipients
• Use the Services, API, or any data obtained therefrom to build, support, or operate a competing software product (subject to the agency carve-out in Section 2.4)
Violation of these prohibited uses may result in immediate suspension or termination of your account without refund.
Some Services are billed on a subscription basis. You will be billed in advance on a recurring basis (monthly or annually, depending on your selected Plan). Current pricing and Plan details are available at https://mailivery.io/pricing.
Mailivery may offer a free trial period. You may be required to provide payment information to sign up. Unless you cancel before the trial ends, you will be automatically charged for the selected Plan. Only one free trial per person or organization is permitted.
Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting accounts@mailivery.io.
By providing payment information, you authorize Mailivery (and our payment processor, Stripe) to charge your payment method for all fees due. You are responsible for providing accurate and current payment information. Failed payments may result in suspension of Services.
Mailivery reserves the right to modify pricing at any time. We will provide at least thirty (30) days notice before any price increase takes effect. Continued use of the Services after a price change constitutes acceptance of the new pricing.
EXCEPT WHEN REQUIRED BY LAW, ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE. This includes partial months, unused portions of subscriptions, and any period during which your account was suspended due to violation of these Terms. Cancellation of your subscription will stop future charges but will not result in a refund for the current billing period.
You may cancel your subscription at any time. Upon cancellation, your connected email accounts will stop receiving warmup Interactions at the end of your current billing period. You will retain access to your account until the end of your paid period.
Mailivery reserves the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, suspected fraudulent activity, or violation of applicable laws. In cases of termination for cause, no refund will be provided.
Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, limitations of liability, the class action waiver, and the arbitration agreement.
To provide the Services, Mailivery collects and processes certain data, including account information, email metadata, and usage data. Our collection and use of personal information is described in our Privacy Policy at https://mailivery.io/legal/privacy
You retain ownership of your data. Mailivery will not sell your data to third parties. We may use aggregated, anonymized data for analytics and service improvement.
Mailivery uses third-party service providers to help deliver the Services, including Stripe for payment processing and Google Analytics for usage analytics. Your use of the Services is also subject to the terms and privacy policies of these third parties.
Mailivery uses internal and third-party analytics tools to collect information about how users access and interact with the Services, including usage patterns, feature interactions, device and browser information, and general location data (such as country or region). This data is used to operate, maintain, secure, analyze, and improve the Services, diagnose technical issues, prevent abuse, and enhance user experience. Analytics data may be processed by third-party service providers acting on Mailivery’s behalf and is subject to our Privacy Policy. Mailivery does not use analytics tools to sell personal data or to access the content of your emails beyond what is necessary to provide the Services.
The Services, including all software, content, trademarks, and intellectual property, are and will remain the exclusive property of SourceIT Technologies, Inc. and its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes in accordance with these Terms. This license does not include any right to modify, distribute, or create derivative works based on the Services.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
MAILIVERY DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (E) YOUR EMAIL DELIVERABILITY OR SENDER REPUTATION WILL IMPROVE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAILIVERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(a) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES;
(b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
(c) SUSPENSION OR TERMINATION OF YOUR EMAIL ACCOUNT BY YOUR EMAIL PROVIDER;
(d) ANY BLACKLISTING OF YOUR DOMAIN OR IP ADDRESS;
(e) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA;
(f) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT SHALL MAILIVERY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO MAILIVERY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Mailivery shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond Mailivery's reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, strikes or labor disputes, failures of third-party telecommunications or internet service providers, cyberattacks or distributed denial-of-service attacks, power outages, or failures of third-party hosting providers (such as AWS, Google Cloud, or similar services).
In the event of a force majeure event, Mailivery's obligations shall be suspended for the duration of the event, and Mailivery shall use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice to the other party, and neither party shall have any liability to the other as a result of such termination.
You agree to indemnify, defend, and hold harmless Mailivery and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or anti-spam rights; (d) any claim that your use of the Services caused damage to a third party; or (e) any claims arising from your Downstream Users if you use the API to provide services to third parties.
PLEASE READ THIS SECTION CAREFULLY.
This section affects your legal rights, including your right to file a lawsuit in court or have a jury hear your claims.
Except as expressly provided below, you and Mailivery agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Mailivery (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”).
Notwithstanding the foregoing, the following disputes are not subject to arbitration:
(a) Either party may bring an individual claim in small claims court if the claim qualifies; and
(b) Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or address actual or threatened infringement, misappropriation, or misuse of intellectual property rights, confidential information, or proprietary technology.
Arbitration shall be administered by the American Arbitration Association (“AAA”):
• If you are an individual acting primarily for personal or household purposes, the AAA Consumer Arbitration Rules shall apply.
• If you are a business, organization, or entity, the AAA Commercial Arbitration Rules shall apply.
If the AAA is unavailable, the parties shall mutually agree on an alternative arbitration provider.
The arbitration shall be conducted in DuPage County, Illinois, unless the parties agree to conduct the arbitration by videoconference or another mutually agreed location. The arbitrator shall have the authority to award any relief that a court of competent jurisdiction could award, subject to the limitations set forth in these Terms.
The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MAILIVERY WAIVE ANY RIGHT TO A JURY TRIAL FOR ALL DISPUTES, WHETHER RESOLVED IN ARBITRATION OR IN COURT (AS PERMITTED BY THESE TERMS).
You may opt out of this arbitration agreement by sending written notice to accounts@mailivery.io within thirty (30) days of first accepting these Terms.
Your opt-out notice must include:
• Your full name
• The email address associated with your account
• A clear statement that you wish to opt out of arbitration
If you opt out of arbitration, disputes may be resolved in court as permitted by these Terms, but the class action waiver in Section 16 will still apply.
This arbitration agreement shall survive termination of these Terms and your use of the Services.
THIS SECTION APPLIES TO ALL DISPUTES, REGARDLESS OF WHETHER THEY ARE RESOLVED IN ARBITRATION OR IN COURT.
To the fullest extent permitted by law, you and Mailivery agree that:
• All disputes must be brought solely in an individual capacity, and
• Not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.
You and Mailivery expressly waive any right to participate in a class action, private attorney general action, collective action, or other representative proceeding.
No arbitrator or court shall have authority to:
• Consolidate claims of more than one person; or
• Preside over any form of class, collective, consolidated, or representative proceeding.
If a court of competent jurisdiction determines that this class action waiver is unenforceable with respect to a particular claim or form of relief, then that claim or form of relief shall be severed and may proceed in court, while all other claims shall remain subject to arbitration and these Terms.
This class action waiver shall survive:
• Termination of these Terms
• Your opt-out of arbitration
• Any termination or suspension of your account
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of laws provisions. For any Disputes not subject to arbitration (as permitted herein), you consent to the exclusive jurisdiction and venue of the state and federal courts located in DuPage County, Illinois. You agree that any claim or cause of action arising out of or relating to the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mailivery regarding the Services and supersede all prior agreements and understandings.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
The failure of Mailivery to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or your rights under these Terms without Mailivery's prior written consent. Mailivery may assign its rights and obligations under these Terms without restriction.
Mailivery reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Website or by email. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
If you have any questions about these Terms, please contact us:
Email: accounts@mailivery.io
Website: https://mailivery.io
Company: SourceIT Technologies, Inc.
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© 2026 SourceIT Technologies, Inc. All rights reserved.
mailivery® is a registered trademark of SourceIT Technologies, Inc.
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