Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your"), as a business entity, and MB Wizemails, a company registered in Lithuania ("wizeMails," "we," "us," or "our"), governing your access to and use of the wizeMails platform, website, APIs, and managed email infrastructure services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU ARE A BUSINESS ENTITY (NOT AN INDIVIDUAL CONSUMER), AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Eligibility and Business Use Only

1.1 Business Entities Only

The Services are offered exclusively to businesses, organizations, and professionals acting in a commercial capacity. You must be at least 18 years of age and have full legal authority to bind your organization to these Terms. wizeMails does not provide services to individual consumers for personal use.

1.2 Account Responsibility

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately at support@wizemails.com of any unauthorized use.

1.3 Accurate Information

You agree to provide accurate, complete, and current information during registration and to keep that information updated.

2. Description of Services

wizeMails provides managed email infrastructure services including, without limitation:

• Dedicated server provisioning on third-party cloud infrastructure
• Domain registration and DNS configuration via third-party registrars
• Email service software installation and configuration
• Email account creation and credential delivery
• Blacklist monitoring and reputation tracking
• Dashboard access for infrastructure management

Services are provided on a subscription basis according to the plan selected (Starter, Growth, or Signal Max). Infrastructure is provisioned on your behalf using third-party providers (see Section 13). You retain ownership of domains registered on your behalf.

3. Acceptable Use Policy

This is the most important section of these Terms. Violations may result in immediate termination without refund.

3.1 Permitted Use

The Services may only be used for legitimate business-to-business (B2B) outreach email campaigns where:

• The sender has a legitimate commercial interest in contacting the recipient
• The recipient is a business professional or operates in a professional capacity
• The email content is truthful, non-deceptive, and commercially relevant
• Opt-out requests are honored promptly and completely

3.2 Prohibited Uses

You expressly agree NOT to use the Services for:

(a) Spam and Unsolicited Commercial Email:

• Sending bulk unsolicited email to recipients who have not given prior express consent where required by law
• Sending to purchased, rented, scraped, or harvested email lists without proper legal basis
• Sending to distribution lists, role accounts, or catch-all addresses in a manner designed to bypass filtering
• Any email campaign that violates CAN-SPAM, CASL, GDPR, or any other applicable law

(b) Consumer-Directed Email (B2C):

• Sending promotional, marketing, or commercial email to individual consumers for personal, household, or family purposes
• Any outreach that triggers the CAN-SPAM Act's consumer protections without full compliance
• Any outreach to EU/EEA natural persons without a valid GDPR legal basis (explicit consent, legitimate interest as narrowly defined, or other lawful basis)

(c) Deceptive and Fraudulent Activity:

• Sending email with false, misleading, or deceptive headers, subject lines, or sender identification
• Impersonating any person, company, brand, or domain you do not own or have explicit authorization to use
• Phishing, spoofing, pretexting, or social engineering of any kind
• Use of misleading subject lines designed to induce recipients to open email under false pretenses

(d) Malicious and Harmful Content:

• Distributing malware, ransomware, spyware, viruses, trojans, or any malicious code
• Sending email containing links to malware distribution sites or phishing pages
• Advance-fee fraud ("419 scams"), pyramid schemes, or multi-level marketing solicitations
• Distribution of illegal content including child sexual abuse material (CSAM)

(e) Illegal Activities:

• Any use that violates applicable local, national, or international laws or regulations
• Facilitating money laundering, terrorism financing, or sanctions evasion
• Sending on behalf of entities on OFAC, EU, or UN sanctions lists
• Any use that infringes third-party intellectual property, privacy, or personality rights

(f) Infrastructure Abuse:

• Using the Services to conduct denial-of-service attacks against any target
• Using the Services as a proxy, relay, or anonymizing layer for other activities
• Attempting to gain unauthorized access to wizeMails systems or third-party systems
• Exceeding reasonable volume limits or engaging in activity designed to evade rate limits

3.3 List Hygiene Requirements

You agree to:

• Maintain suppression lists and honor opt-out requests within 10 business days (CAN-SPAM), or immediately where required by applicable law
• Remove bounced, unsubscribed, and complaint-generating addresses promptly
• Not re-add addresses to sending lists after opt-out
• Include a functional, clearly visible unsubscribe mechanism in every commercial email

3.4 Sender Identification

Every email sent using the Services must:

• Accurately identify the sender and include a valid physical mailing address (P.O. Boxes are not sufficient under CAN-SPAM)
• Use honest, non-deceptive subject lines
• Be sent from domains and addresses you legitimately own or control

4. Compliance with Applicable Laws

4.1 Customer's Legal Responsibility

You are solely responsible for ensuring all use of the Services complies with all laws applicable to your business, your recipients, and your campaigns, including but not limited to:

• CAN-SPAM Act (USA): You must include a physical postal address, a functional opt-out mechanism, honest sender identification, and non-deceptive subject lines in all commercial email sent to US recipients. You must honor opt-out requests within 10 business days.
• GDPR (EU/EEA): You must have a lawful basis for processing personal data of EU/EEA recipients (typically legitimate interests or explicit consent). You must provide a privacy notice, respond to data subject requests, and not transfer personal data outside the EEA without appropriate safeguards.
• CCPA/CPRA (California): If you process personal information of California residents, you must comply with applicable rights (know, delete, opt-out of sale/sharing, correct, limit sensitive PI processing) and not use the Services to circumvent those rights.
• CASL (Canada): You must have express or implied consent before sending commercial electronic messages to Canadian recipients, include identification information and an unsubscribe mechanism, and honor unsubscribes within 10 business days.
• ePrivacy Directive (EU): B2B cold email to individual users of corporate accounts may require a legitimate interest assessment under applicable national law. You are responsible for conducting and documenting such assessments.
• All other applicable laws in the jurisdictions where you operate and where your recipients are located.

4.2 No Legal Advice

Nothing in these Terms constitutes legal advice. You are responsible for obtaining appropriate legal counsel regarding your compliance obligations.

4.3 Regulatory Changes

You are responsible for monitoring and adapting to changes in applicable law. wizeMails may update these Terms to reflect legal developments, but assumes no obligation to advise you of changes in laws applicable to your campaigns.

5. Monitoring and Enforcement

5.1 Right to Monitor

wizeMails reserves the right, but has no obligation, to monitor use of the Services to detect violations of these Terms, applicable law, or activity that may harm wizeMails, its infrastructure, or third parties. Monitoring may include automated analysis of sending patterns, bounce rates, complaint rates, blacklist status, and reputation signals.

5.2 Suspension and Termination

wizeMails may suspend or terminate your access to the Services immediately and without prior notice if:

• We reasonably believe you are violating these Terms or applicable law
• Your sending activity causes or risks causing blacklisting of wizeMails IP ranges or domains
• Your complaint rate, bounce rate, or spam score exceeds industry thresholds
• We are required to do so by law, court order, or regulatory directive
• Your account is past due or subject to a payment dispute

5.3 No Obligation to Continue

wizeMails is not obligated to provide Services to any customer and may decline to onboard or continue service with any business at its sole discretion.

5.4 Cooperation with Authorities

wizeMails will cooperate with law enforcement, regulators, and anti-abuse organizations investigating illegal use of our Services. We may disclose account information and activity logs as required by law.

6. Payment and Billing

6.1 Subscription Fees

Services are billed on a monthly subscription basis in US Dollars. Fees are published on the pricing page and may be updated with 30 days' advance notice.

6.2 No Refunds

All fees are non-refundable, including in cases of early termination, suspension for Terms violations, or dissatisfaction with the Services. Infrastructure costs (server, domains, DNS) are incurred immediately upon order processing and cannot be reversed.

6.3 Domain Registration Costs

Domain registration and renewal fees are determined by our domain registrar and are not controlled by wizeMails. These fees are included in your subscription during the initial term. Renewal pricing may vary.

6.4 Chargebacks

Disputing a legitimate charge through your payment processor ("chargeback") is a violation of these Terms. wizeMails reserves the right to suspend service immediately upon receipt of a chargeback notice and to recover collection costs.

6.5 Taxes

You are responsible for all applicable taxes, duties, and levies arising from your use of the Services, except for taxes on wizeMails's net income.

7. Intellectual Property

7.1 wizeMails IP

All software, documentation, trademarks, and proprietary technology used to provide the Services remain the exclusive property of wizeMails. No license to wizeMails IP is granted except as necessary to use the Services as described in these Terms.

7.2 Customer Data

You retain ownership of your data, content, and domain assets. By using the Services, you grant wizeMails a limited license to process and store your data solely to provide the Services.

7.3 Feedback

If you provide suggestions or feedback regarding the Services, wizeMails may use such feedback without obligation or compensation.

8. Confidentiality

8.1 Mutual Confidentiality

Each party agrees to keep the other's confidential information (including pricing, technical details, and business information) confidential and not to disclose it to third parties without prior written consent, except as required by law.

8.2 Exclusions

Confidentiality obligations do not apply to information that is publicly available, independently developed, or disclosed pursuant to a legal requirement.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR RELIABILITY.

WIZEMAILS DOES NOT WARRANT:

• (a) That the Services will be uninterrupted, error-free, or secure;
• (b) That emails sent using the Services will be delivered, not filtered as spam, or achieve any particular deliverability rate;
• (c) That domains registered on your behalf will remain available, unblacklisted, or maintain positive reputation;
• (d) That third-party infrastructure providers (our cloud provider, domain registrar, email service software, etc.) will perform without interruption;
• (e) That the Services will meet your specific business requirements or campaign objectives.

You assume all risk for the results of your email campaigns. Deliverability depends on factors outside wizeMails's control, including recipient mail server configuration, IP/domain reputation, content scoring, and anti-spam filter decisions made by third parties.

10. Limitation of Liability

10.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIZEMAILS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIZEMAILS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO WIZEMAILS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED EUROS (EUR 100).

10.3 Essential Basis

THE LIMITATIONS IN THIS SECTION REFLECT AN AGREED ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. WIZEMAILS WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

11. Indemnification

You agree to defend, indemnify, and hold harmless wizeMails, its officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (a) Your use of the Services in violation of these Terms;
• (b) Your violation of any applicable law, including CAN-SPAM, GDPR, CCPA/CPRA, CASL, or any anti-spam or data protection law;
• (c) Any claim by a third party (including recipients, regulators, or ISPs) arising from your email campaigns;
• (d) Any claim that your content, domains, or sending activity infringes third-party rights;
• (e) Any regulatory investigation, fine, or penalty directed at wizeMails as a result of your use of the Services;
• (f) Your breach of any representation or warranty in these Terms.

wizeMails reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense. You may not settle any such claim without wizeMails's prior written consent.

12. Data Processing and Privacy

12.1 Processor Role

To the extent you provide wizeMails with personal data (as defined under GDPR or applicable data protection law) in connection with the Services, wizeMails acts as a data processor on your behalf. You act as the data controller and are responsible for establishing a lawful basis for all personal data processing, including providing appropriate privacy notices to data subjects.

12.2 Data Processing Agreement

If you are subject to GDPR or other data protection laws requiring a written data processing agreement (DPA), please contact support@wizemails.com to execute a DPA. In the absence of a separately executed DPA, the processing terms in these Terms and our Privacy Policy govern.

12.3 Our Privacy Practices

wizeMails's collection and use of information provided by you is described in our Privacy Policy, available at wizemails.com/privacy-policy. By using the Services, you acknowledge having read and understood the Privacy Policy.

12.4 Data Minimization

You agree to provide wizeMails only with personal data that is strictly necessary for service provisioning. wizeMails will process such data only as instructed by you and as set forth in these Terms.

13. Third-Party Services and Sub-Processors

The Services rely on the following third-party providers ("Sub-Processors"). By accepting these Terms, you acknowledge and authorize wizeMails to engage these Sub-Processors:

wizeMails is not responsible for the acts or omissions of Sub-Processors, though we select and monitor them with reasonable care. Sub-Processor terms are subject to change; material changes will be communicated via email or dashboard notice.

14. Term and Termination

14.1 Term

These Terms begin on the date you first access the Services and continue until terminated by either party.

14.2 Termination by You

You may cancel your subscription at any time via the customer portal. Cancellation takes effect at the end of the current billing period. No refunds are issued for unused portions of a subscription period.

14.3 Termination by wizeMails

We may terminate your account: (a) for cause immediately upon notice if you breach these Terms; (b) for convenience upon 30 days' advance written notice; (c) immediately if required by law or to protect the integrity of the Services.

14.4 Effect of Termination

Upon termination: (a) your access to the Services ceases; (b) server infrastructure provisioned on your behalf will be decommissioned within 7 days unless you transfer it; (c) domains registered on your behalf remain registered until expiration but DNS management access will end; (d) wizeMails may delete your data after 30 days. Sections 3, 9, 10, 11, 12, 15, 16, and 17 survive termination.

15. Modifications to Terms

wizeMails reserves the right to modify these Terms at any time. We will provide at least 14 days' advance notice of material changes via email or dashboard announcement. Your continued use of the Services after the effective date of modifications constitutes acceptance. If you object to modifications, you must terminate your subscription before the effective date.

16. Governing Law and Disputes

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to conflict-of-law principles.

16.2 Jurisdiction

The parties irrevocably submit to the exclusive jurisdiction of the courts of Vilnius, Lithuania for resolution of any dispute arising out of or relating to these Terms or the Services.

16.3 Informal Resolution

Before initiating formal proceedings, each party agrees to attempt good-faith informal resolution by notifying the other party in writing and allowing 30 days to resolve the dispute.

16.4 Waiver of Class Actions

To the extent permitted by applicable law, you waive any right to participate in a class action, collective, or representative proceeding against wizeMails.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any executed DPA, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements.

17.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force and effect.

17.3 No Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

17.4 Assignment

You may not assign or transfer these Terms without wizeMails's prior written consent. wizeMails may assign these Terms in connection with a merger, acquisition, or sale of assets.

17.5 Force Majeure

wizeMails is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, government actions, internet infrastructure failures, or third-party provider outages.

17.6 Notices

Legal notices to wizeMails must be sent to support@wizemails.com and to the registered business address published on wizemails.com. Notices to you will be sent to the email address on your account.

17.7 Language

These Terms are written in English. In the event of a conflict between an English version and any translation, the English version controls.

Contact

• wizeMails Support: support@wizemails.com
• Website: wizemails.com
• Registered Address: MB Wizemails, Siauliu 50, Kaunas, Lithuania