1. Who these terms are between
These Terms of Service (the “Terms”) are an agreement between Northlab Studios Ltd, a company registered in England and Wales with company number 17462734, whose registered office is at 167-169 Great Portland Street, London W1W 5PF, United Kingdom (“Mailcycle”, “we”, “us”), and the person or organisation that creates an account (“you”, “Customer”).
If you are agreeing to these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation, and “you” means that organisation.
These Terms incorporate our Acceptable Use Policy and our Privacy Policy. Where you are a data controller and we process personal data on your behalf, our Data Processing Agreement also applies and takes precedence over these Terms on data protection matters.
2. The service
Mailcycle provides hosted email infrastructure that allows you to create inbound email addresses and assign them to devices (“Workers”) that you pair with your account. The service includes the web application, the iOS and Android applications, and the API (together, the “Service”).
Mailcycle receives mail addressed to your email addresses and makes it available to you and to the devices you have assigned. You can also send mail from those addresses through the API, within an hourly limit. Paired devices cannot send. Messages larger than 25 MB are refused.
We may change, add or remove features. Where a change materially reduces core functionality you rely on, we will give you at least 30 days' notice on this website and you may terminate under section 12 without penalty.
3. Your account
You are responsible for:
- The accuracy of the information you give us.
- Keeping your recovery phrase and session tokens confidential. We hold no copy of your recovery phrase and cannot restore access to an account whose phrase has been lost.
- All activity that occurs under your account, including activity by devices you have paired and anyone you share your recovery phrase or session tokens with.
Tell us promptly at hello@mailcycle.email if you believe your account has been compromised.
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account.
4. Devices and email addresses
Pairing a device issues it a credential scoped to that device. You are responsible for the devices you pair and for revoking any device you no longer control. Revocation is available to you at any time in the app and takes effect immediately.
Your plan sets the number of email addresses your account may hold. Every address you create counts toward that limit, whether or not it is assigned to a device, and deleting an address frees its place. We will not create email addresses beyond your plan limit, and we will not silently remove addresses or devices to make a plan change fit. A downgrade to a plan that allows fewer addresses or devices than you hold is refused until you delete enough of them.
Email addresses issued on a Mailcycle domain are licensed to you while your account exists and are not portable. On plans that include custom domains, you can bring a domain you own. If your plan stops including it, the domain keeps receiving mail for 7 days and then refuses mail until your plan includes it again. A deleted address is retired and is never reissued to anyone.
5. Acceptable use
Your use of the Service must comply with our Acceptable Use Policy and all applicable law. In particular, you must not use Mailcycle to evade another service's terms, to create fraudulent accounts at scale, or to receive mail you are not entitled to receive.
You must not:
- Reverse engineer, decompile or attempt to derive the source of the Service, except to the extent that restriction is unenforceable by law.
- Resell or provide the Service to third parties as a standalone offering without our written agreement.
- Probe, scan or test the security of the Service other than under our disclosure policy.
- Interfere with or disproportionately burden the Service, including by circumventing rate limits.
6. Your data
“Customer Data” means the mail received at your email addresses and the account information you provide. Customer Data belongs to you. We claim no ownership of it.
You grant us a limited licence to host, process, transmit and display Customer Data solely to provide and support the Service, to maintain its security and integrity, and as otherwise instructed by you. We do not use Customer Data to train machine learning models, to build advertising profiles, or to sell to anyone.
You are responsible for having the necessary rights and, where required, consents for the personal data processed through your account.
7. Plans, fees and billing
- Fees are those shown on our pricing page for your chosen plan, or as set out in an order form for Enterprise agreements.
- Card payments on the website are sold by Polar as merchant of record, on Polar's terms for the payment itself. Card and in-app subscriptions renew automatically each month until cancelled. Cryptocurrency payments through NOWPayments cover one month and are renewed by paying again.
- Payment is due in advance. Prices exclude VAT, sales tax and other applicable taxes, which are added where required.
- Account balance. You may pay an amount into your account balance instead of paying month by month. Your plan takes its monthly price from that balance each month until the balance no longer covers it, after which the plan moves to the free tier as set out below. A balance buys Mailcycle plans and nothing else: it is not money held for you, it cannot be withdrawn, transferred or exchanged, it earns nothing, and it is deleted with your account if you delete it. We may refund a balance at our discretion, and will where the law requires it.
- Upgrades take effect once payment is confirmed and start a new one-month period. There is no proration.
- Paying again for the plan you already hold extends it from its current renewal date.
- Moving to the free tier during a month you have paid for stops the renewal and keeps your plan until that month ends, then moves the account to the free tier. Choosing your current plan again before it ends cancels that and starts renewals. Moving between two paid plans is a new month and is paid for like any other purchase. Downgrades are subject to the check in section 4, and the unused part of a period is not refunded. While an in-app subscription is still renewing, a change is refused: cancel it in the App Store or Google Play, and the plan moves to the free tier when the paid period ends.
- Cancelling stops future renewals. Fees already paid are not refunded except where required by law or expressly stated. Refunds and chargebacks are recorded against your account.
- If a renewal fails or is not paid, the plan is marked past due and we notify you where notifications are turned on. If it is still unpaid three days after the renewal date, the account moves to the free tier as described in section 8.
We may change our prices. Price increases take effect at your next renewal and we will give you at least 30 days' notice. If you do not accept a price change, you may cancel before it takes effect.
8. The free tier and beta features
The free tier is provided so you can evaluate the Service, and has no fixed term. It is subject to lower limits than the paid plans, including a limit on paired devices, and we may change those limits or end the free tier at any time. If a paid plan is not renewed, the account moves to the free tier three days after the paid period ends. Email addresses and devices are kept and mail is accepted within the free tier's monthly allowance, but new addresses and devices beyond the free tier's limits are refused. Enterprise plans are invoiced by arrangement and do not lapse this way.
Features marked beta, preview or experimental are provided as-is, may change or be withdrawn without notice, and are excluded from any service level commitment.
9. Availability and support
We aim to keep the Service available continuously, and we perform maintenance with as little disruption as we can. Plans that include a service level commitment state it in the applicable order form or plan description; other plans are provided without an uptime guarantee.
Support is provided by email at the level applicable to your plan. We aim to respond to support requests within one business day and to security reports within two.
10. Intellectual property
The Service, including its software, design, documentation and trade marks, is owned by Mailcycle and its licensors. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription, and nothing more.
If you give us feedback or suggestions, we may use them without restriction or obligation to you. We will not identify you as the source without your permission.
11. Suspension
We may suspend your account or specific email addresses where:
- Use of the account violates the Acceptable Use Policy or applicable law.
- The account poses a security risk to the Service or to others.
- A payment is reversed or charged back.
- We are required to suspend by law or by a competent authority.
We will give notice and an opportunity to fix the problem where it is lawful and safe to do so. Where the risk is immediate, such as active abuse or a threat to the integrity of the Service, we may suspend first and notify promptly afterwards.
12. Termination
You may stop paying at any time by cancelling a card subscription in Polar's customer portal or by downgrading in the app, cancelling an in-app subscription in the App Store or Google Play, or not paying again for a cryptocurrency month. The account then moves to the free tier under section 8. You may terminate these Terms at any time by deleting your account in the app. We may terminate for material breach that is not remedied within 14 days of notice under section 17, or immediately where the breach cannot be remedied.
On termination:
- The account, its email addresses, messages and devices are removed from the live database immediately, and are gone from our database provider's restore history within 30 days. Paired devices return to the pairing screen. Deleted addresses stop receiving mail and are never reissued.
- Export anything you need first, in the app under Settings → Export data. What we keep after deletion is set out in our retention schedule.
- Fees accrued before termination remain payable.
Sections 6, 10, 13, 14, 15 and 17 survive termination.
13. Disclaimers
We warrant that we will provide the Service with reasonable skill and care. Beyond that, and to the maximum extent permitted by law, the Service is provided “as is” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
Email is not a guaranteed delivery medium. We do not control the servers that send mail to you, and we do not warrant that every message sent to your email addresses will arrive, arrive intact, or arrive within a particular time. Do not rely on Mailcycle as the sole channel for anything safety-critical.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
14. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused.
Each party's total aggregate liability arising out of or relating to these Terms is limited to the total fees you paid to Mailcycle in the 12 months immediately before the event giving rise to the claim.
These limits do not apply to: death or personal injury caused by negligence, fraud or fraudulent misrepresentation, your obligation to pay fees, or either party's indemnity obligations under section 15.
15. Indemnity
You will indemnify us against claims, losses and reasonable costs arising from your use of the Service in breach of these Terms or the Acceptable Use Policy, or from Customer Data that infringes a third party's rights.
We will indemnify you against third-party claims that the Service, used as permitted, infringes that party's intellectual property rights, provided you notify us promptly, let us control the defence, and cooperate reasonably.
16. Changes to these terms
We may update these Terms. For material changes we will give at least 30 days' notice on this website. Continuing to use the Service after a change takes effect means you accept the updated Terms; if you do not, you may terminate before they take effect.
Previous versions are available on request.
17. General
- Governing law. These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, without prejudice to any mandatory consumer protections available to you where you live.
- Assignment. You may not assign these Terms without our consent. We may assign to an affiliate or in connection with a merger or sale of substantially all our assets.
- Entire agreement. These Terms, together with the policies they incorporate and any order form, are the entire agreement between us on this subject.
- Severability. If a provision is unenforceable, the rest remains in force.
- No waiver. Not enforcing a right is not a waiver of it.
- Force majeure. Neither party is liable for failure to perform caused by events outside its reasonable control.
- Notices. We notify you on this website and, where you have turned them on, by push notification. You notify us at hello@mailcycle.email.
18. Contact
Northlab Studios Ltd, 167-169 Great Portland Street, London W1W 5PF, United Kingdom
hello@mailcycle.email