Terms & Conditions
Effective Date: September 23, 2026 · Version 3.1
Summary of Essential Terms
By using MailChamp, you agree to send only authenticated, opt-in communications. Purchased, scraped, or rented recipient lists are strictly forbidden. Accounts violating our zero-tolerance anti-spam thresholds are subject to immediate suspension to preserve IP reputation for all users.
1. Acceptance of Terms
These Terms and Conditions ("Agreement") constitute a legally binding agreement between MailChamp ("we", "us", or "MailChamp") and the entity or individual registering for or using our services ("Customer", "you").
By creating an account, sending an email through our REST API or SMTP relay, or accessing the MailChamp dashboard, you confirm that you have read, understood, and agreed to be bound by these Terms.
2. Account Registration & API Security
- Eligibility: You must be at least 18 years old or represent an active legal entity in good standing to create an account.
- Credential Confidentiality: You are solely responsible for maintaining the confidentiality of your login credentials and API keys. Any action taken via your API credentials is deemed performed by your organization.
- Domain Authentication: To send outbound email in production, you must verify ownership of your sending domain by publishing the prescribed SPF, DKIM, and DMARC DNS records.
3. Acceptable Use & Anti-Spam Policy (Strict Enforcement)
MailChamp maintains a world-class IP sender reputation. To protect our shared IP pools and customers, we enforce a strict Zero-Tolerance Anti-Spam policy:
- Sending unsolicited bulk email (SPAM) to individuals who have not explicitly opted in.
- Using rented, purchased, traded, or scraped contact databases.
- Forging headers, concealing the sender identity, or transmitting deceptive subject lines.
- Distributing malware, phishing landing pages, credential harvesters, or illegal materials.
All promotional campaigns must include an operational, single-click unsubscribe mechanism. Excessive bounce rates (> 5%) or spam complaints (> 0.1%) may result in rate throttling or immediate account termination.
4. Service Availability & Rate Limits
MailChamp strives for a 99.9% uptime service level for API dispatches and SMTP ingestion endpoints. We enforce tier-based rate limits (requests per second) to safeguard system stability. Attempts to circumvent rate limits using automated distributed requests without written approval will result in IP blocking.
5. Subscription Billing, Overages & Cancellation
- Monthly & Annual Billing: Base tier fees are billed in advance at the start of each billing cycle.
- Volume Overages: Sends exceeding your base monthly quota are metered at your plan's transparent per-1,000 email overage rate and billed in arrears at cycle close.
- Proration: Upgrades take effect immediately with prorated credit applied to your invoice.
- Cancellation: You may cancel your subscription anytime via Organization Settings. Access remains active until the end of your prepaid period.
6. Intellectual Property & Customer Data Ownership
You retain all ownership, intellectual property rights, and title to your email recipient lists, creative assets, and message payload templates. MailChamp retains all rights and title to the MailChamp software, API engines, algorithms, documentation, and trademarks.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall MailChamp, its directors, employees, or affiliates be liable for indirect, punitive, incidental, special, or consequential damages, including loss of profits, goodwill, or business interruption.
Our total aggregate liability under this Agreement shall not exceed the amounts paid by you to MailChamp in the twelve (12) months preceding the incident giving rise to liability.
8. Termination
We reserve the right to suspend or terminate accounts immediately upon discovery of spam violations, fraudulent payment attempts, or security breaches. You may terminate your account at any time by contacting support or deleting your account in settings.
9. Contact & Legal Notices
For legal notices, contract modifications, or abuse reports, please reach out to our team: