Terms of Service

1. What the service does

YourMail accepts email from your application over an HTTP API and dispatches it through Amazon SES in London (eu-west-2). We record delivery outcomes, expose them to you through a dashboard and signed webhooks, and maintain a suppression list so that recipients who have bounced, complained or unsubscribed are not contacted again.

The service is for transactional email — messages sent to a person in response to something they did. It is not a marketing or bulk-mail platform. Sending marketing email through it is governed by the Acceptable Use Policy, which forms part of these terms.

2. Business use only, and your account

YourMail is for businesses, not consumers. It is provided only to people acting for the purposes of their trade, business, craft or profession — companies, sole traders and developers building products. It is not offered to consumers, and by creating an account you confirm that you are not using it as one. If you create an account on behalf of an organisation, “you” means that organisation.

You must give accurate registration details and keep your API keys secret. Anything sent using your keys is your responsibility, whether or not you authorised it — so treat a leaked key as an incident and revoke it from the dashboard immediately. You must be at least 18 and, if you are agreeing on behalf of an organisation, authorised to bind it.

You may only send from a domain you control. Verifying a domain requires publishing DNS records that prove that control; attempting to send from a domain you have not verified is refused by the API.

3. Fees, renewal and cancellation

• Paid plans are billed monthly in advance through Stripe. The price and allowance of each plan are on the pricing page and form part of this agreement.
• Subscriptions renew automatically each month until cancelled. You can cancel at any time from the billing page in your dashboard. Cancelling takes effect at the end of the period you have already paid for — you keep the service until then, and are not charged again.
• Refunds. Fees already paid are not refunded on cancellation, because the period they cover remains available to you. They are also not refunded, in whole or in part, where we suspend or close an account for breaching the Acceptable Use Policy — a phishing or fraud campaign, a purchased or scraped list, impersonating someone else, or evading a previous suspension. In that case you lose access to the remainder of the period you have paid for and no credit is issued. If we fail to provide the service for a sustained period, or you are charged in error, contact conor@mathersoftware.com and we will refund the affected period. Those errors of ours, and ending the agreement because you object to a new sub-processor (section 5), are the only cases in which fees are refunded.
• If a payment fails we will tell you and Stripe will retry. Your service continues during those retries. If payment is not recovered, the subscription ends and the account returns to the free plan.
• Prices may change with at least 30 days' notice by email. A price change takes effect at your next renewal, and cancelling before it is always an option.

4. Sending limits

Each plan carries a send allowance measured per calendar month (UTC) — 50,000 messages on Pro, for example. Because this is transactional email, we do not stop sending the moment you reach it: we keep delivering to 110% of your allowance and notify you by email and by a quota.exceeded webhook when you pass it, so your application has time to act. Past 110% we return an error until the allowance resets or you upgrade, whichever comes first.

The allowance period is not your billing period. Your allowance resets at 00:00 UTC on the first day of each calendar month, whatever date you subscribed on; your subscription renews on the anniversary of that date. So if you subscribe on the 20th, you are invoiced on the 20th and your sending allowance resets on the 1st. Both dates are shown on your billing page.

Free accounts also carry a daily cap, and a lower one during their first 24 hours. That first-day limit is not a judgement about you — it exists because every account shares a sending reputation, and it lifts by itself.

We may apply per-second rate limits to protect the service. Where we rate-limit a request we say so in the response, with the type rate_limited.

5. Data processing

Where we handle personal data contained in the messages you send — your recipients' addresses and whatever you put in the message — you are the controller and we are your processor under UK GDPR. Our Data Processing Agreement sets out that relationship in full and is incorporated into these terms by reference — you do not need to sign a separate document, and accepting these terms accepts it. In summary, as required by Article 28(3) UK GDPR, we:

• process that data only on your documented instructions — your use of the API and these terms — and tell you if we think an instruction breaks data protection law;
• ensure everyone we authorise to access it is under a duty of confidentiality;
• maintain appropriate technical and organisational security measures (Article 32), described in the DPA and on the security page;
• use sub-processors under your general authorisation, listed in the DPA and the Privacy Policy, give you at least 30 days' notice by email before adding or replacing one (you may end the agreement if you reasonably object), and bind each to data protection terms no less protective than these;
• help you respond to requests from data subjects, and with your obligations under Articles 32 to 36 (security, breach notification, impact assessments and prior consultation);
• notify you of a personal data breach affecting your data without undue delay, and in any case within 48 hours of becoming aware of it;
• delete that data when the agreement ends (you can export it first), unless the law requires us to keep it; and
• make available the information you need to demonstrate compliance, and allow and contribute to audits, as set out in the DPA.

Where this section and the DPA differ, the DPA wins. How we handle data about you as our customer is described in the Privacy Policy.

6. Suspension and termination

We may suspend sending on an account that breaches the Acceptable Use Policy, that is generating bounce or complaint rates which endanger other customers' deliverability, or where we are required to by law. Except where the breach is severe or ongoing harm is being done, we will tell you first and give you a chance to fix it.

For a severe or repeated breach — phishing, fraud, malware, impersonation, a purchased or scraped list, or evading a previous suspension — we close the account outright. Termination on those grounds ends the agreement immediately, no fees are refunded for the period in progress, and we may keep your account records where we need them to answer a chargeback, a regulator or a law-enforcement request.

You can close your account at any time from the settings page. Deletion is immediate and irreversible: it removes your messages, domains, suppression list, webhooks and API keys, cancels any subscription, and deletes your login. Export your data first if you want to keep it.

7. Your content and ours

You keep all rights in the messages you send and the data you upload. You grant us only the licence needed to run the service: to store, transmit and process that content in order to deliver it and to show it back to you. We do not use the contents of your messages to train models, and we do not sell them.

We keep all rights in YourMail itself — the software, the dashboard, the documentation and the name.

8. Availability and warranties

We work to keep the service available and will tell you about planned maintenance, but we do not currently offer a contractual uptime commitment. The service is provided "as is". To the extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Email delivery depends on parties we do not control — recipient mail servers, spam filters, DNS operators and your own domain configuration. We cannot guarantee that any particular message reaches an inbox.

9. Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data. Our total liability to you arising out of or in connection with these terms, whether in contract, tort (including negligence) or otherwise, is limited to the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, and (b) £100.

10. Changes to these terms

We may update these terms, for example to reflect a change in the service or in the law. We will tell you about a material change by email to the address on your account, and in the dashboard, at least 30 days before it takes effect. The notice will say what is changing and when. If you do not agree to the change you can cancel before it takes effect, and it will not apply to you in the meantime. Changes that are not material — clarifications, corrections, or changes required by law at shorter notice — take effect when we publish them, and the date at the top of this page shows when that was.

11. Governing law and courts

These terms, and any dispute or claim arising out of or in connection with them, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If, despite section 2, you are a consumer, nothing in these terms affects your statutory rights, and you may also bring proceedings in the courts of the part of the UK where you live.

YourMail is a trading name of Mather Software Ltd, a company registered in England and Wales with company number 17443861, whose registered office is at 31 Mill Fold Gardens, Littleborough, England, OL15 8SA. Legal notices and questions about these terms: conor@mathersoftware.com.