TOS

Terms of service

1. Agreement to Terms

Welcome to Mailscale ("Company," "we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of all Mailscale products, services, software, and infrastructure, including but not limited to:

Mailscale Software — cold email infrastructure, domain and mailbox provisioning
Mailscale Unlimited Plan — managed unlimited mailbox infrastructure
Mailscale Outreach Platform — full-service AI-powered outbound system

By creating an account, completing a purchase, clicking "I Agree," checking an acceptance box, or otherwise accessing or using any Mailscale product or service, you ("Customer," "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

Your acceptance of these Terms constitutes a legally binding agreement. Mailscale records the date, time, IP address, and method of your acceptance for verification purposes. If you do not agree with these Terms, you may not use our services.

2. Nature of Services & Infrastructure Allocation

Mailscale's services involve the immediate and irrevocable provisioning, configuration, and
reservation of dedicated technical infrastructure at the time of purchase or subscription activation.

This infrastructure includes, but is not limited to:

- Dedicated server capacity and IP address pools
- Custom domain registration, configuration, DNS setup, and warming
- Dedicated sending mailboxes and email accounts
- Domain health monitoring and reputation management systems
- Warm-up scheduling, sending infrastructure, and automation pipelines
- Deliverability tooling, inbox rotation, and email authentication (SPF, DKIM, DMARC)

These resources are allocated immediately and exclusively to your account upon purchase.

The costs associated with provisioning this infrastructure are incurred by Mailscale at the moment of
activation and are non-recoverable regardless of subsequent usage, cancellation, or satisfaction.

Important: Mailscale provides technical infrastructure and tools — not guaranteed business outcomes, leads, sales, or revenue. Results depend on numerous factors outside Mailscale's control, including your content quality, target audience, offer, industry, and compliance with best practices.

3. Service Delivery & Documentation

3.1 Immediate Delivery of Digital Services

You acknowledge that Mailscale services are digital services that begin delivery immediately upon purchase or subscription activation.

3.2 Confirmation of Delivery

Upon purchase, you will receive confirmation of your subscription activation and provisioned infrastructure via email and/or your Mailscale dashboard. Access to your dashboard, domains, mailboxes, and associated tools constitutes confirmed delivery of the purchased services.

3.3 Usage Logging
Mailscale maintains detailed logs of service delivery, account activity, dashboard access, domain provisioning, and infrastructure usage. These

4. Payments & Billing

4.1 Subscription Billing

Mailscale services are billed on a recurring subscription basis (monthly, quarterly, or annually, depending on your
plan). Billing occurs in advance at the start of each billing cycle. Your subscription renews
automatically at the end of each billing period unless you cancel in accordance with Section 6.

4.2 Payment Authorization

By providing a payment method, you expressly authorize Mailscale to charge all applicable
subscription fees, setup fees, domain fees, and add-on charges to that payment method on a
recurring basis. You represent and warrant that:

- You have the legal right to use the payment method provided
- The billing and payment information you supply is true, accurate, and complete
- You authorize recurring charges without further approval until you cancel

4.3 Failed Payments

If automatic billing fails, Mailscale reserves the right to suspend or terminate your service after
reasonable notice. You remain responsible for all unpaid amounts, including any applicable late fees or
collection costs.

4.4 Fee Changes

Mailscale may modify pricing at any time. We will provide at least 14 days' notice before any price
change takes effect. Continued use of the service after the effective date constitutes acceptance of
the new pricing.

4.5 Third-Party Payment Processors

Payments are processed through third-party payment processors, including Stripe. By submitting
payment information, you also agree to the terms and policies of the applicable payment processor.

5. No Refund Policy

5.1 All Sales Are Final

All fees paid to Mailscale are final and non-refundable under any circumstances.

This applies, without limitation, to:

- Subscription fees (monthly, annual, or otherwise)
- Setup, onboarding, and configuration fees
- Domain-related fees (registration, transfer, import, parking)
- Mailbox provisioning and email account fees
- Infrastructure, server, and IP allocation fees
- Usage-based charges
- Add-ons, upgrades, and additional services
- Mailscale Outreach Platform feesMailscale Unlimited Plan fees
- Any other fees or charges associated with your account

No refunds, credits, offsets, or compensation will be provided for any reason.

5.2 Irreversible Allocation of Resources

By purchasing any Mailscale service, you acknowledge that:

- Infrastructure, servers, and computing resources are provisioned immediately
- IP addresses are allocated from finite, non-reusable pools
- Domains are registered through third parties and cannot be reversed
- DNS configurations are deployed and propagated globally
- Mailboxes are created and secured with authentication protocols
- Warm-up processes are initiated, impacting domain and IP reputation

These actions result in immediate, non-recoverable costs. Once provisioned, resources cannot be reclaimed, reused, or resold.

5.3 No Exceptions — Comprehensive Refund Exclusion

Under no circumstances will refunds, credits, or compensation be issued, including (but not limited to):

- Partial use or non-use of servicesEarly termination or cancellation
- Failure to cancel prior to renewal
- Lack of performance or results (including leads, replies, meetings, or revenue)
- Dissatisfaction with service quality
- Changes in business direction, strategy, or personnel
- Third-party platform issues or limitations
- Account suspension due to policy violations
- Failure to complete onboarding or utilize the service
- Subscription downgrades
- Force majeure or external events
- Any dispute, claim, or circumstance not explicitly listed

5.4 Chargebacks and Payment Disputes

You agree not to initiate chargebacks or payment disputes with your payment provider.In the event of a chargeback or dispute:

- Mailscale reserves the right to immediately suspend or terminate all services
- All associated accounts, domains, and infrastructure may be permanently deactivated
- You remain liable for all outstanding balances, fees, and costs incurred

Mailscale reserves the right to pursue recovery, including collection actions and legal remedies

5.5 Explicit Acknowledgment and Waiver

By completing any purchase, you explicitly acknowledge and agree that:

- You have read, understood, and accepted this no-refund policy in full
- You waive any right to refunds, chargebacks, or payment reversals to the maximum extent permitted by law
- You understand that services involve immediate, irreversible cost allocation
- You agree that this policy is reasonable and a material condition of service

6. Cancellation

6.1 How to Cancel

You may cancel your subscription at any time by contacting your dedicated account manager via Slack or email. Cancellation must be initiated by the account holder or an authorized representative.

6.2 Effect of Cancellation

Cancellation prevents future billing only. Your service remains active through the end of the current
paid billing period. No prorated refunds, credits, or partial reimbursements are issued for unused
time remaining in a billing period.

6.3 Post-Cancellation

Upon cancellation, Mailscale may decommission your allocated infrastructure, including domains,
mailboxes, and IP addresses. This process is irreversible. Mailscale is not obligated to retain, transfer,
or export any data, domains, or configurations after cancellation.

7. Deliverability Guarantee

7.1 Applicability

The Mailscale Deliverability Guarantee applies exclusively to customers on the Mailscale Software
plan and the Mailscale Unlimited Plan where deliverability has been explicitly represented as part of
the service offering. This guarantee does not apply to the Mailscale Outreach Platform unless
expressly agreed in writing.

7.2 Guarantee Conditions — All Must Be Met Simultaneously

The Deliverability Guarantee is triggered only if all of the following conditions are satisfied:

(a) Independent Inbox Placement Testing

You must conduct inbox placement tests using a minimum of two (2) to three (3) independent,
third-party inbox placement testing platforms, such as MailReach, EmailGuard, GlockApps, or
equivalent tools. The average inbox placement score across these platforms must be below
80%.

(b) Warm-Up Score Verification

Underperformance must be corroborated by warm-up scores within the sending platforms
connected to your Mailscale infrastructure. Accepted outreach platforms for verification are limited to:
Instantly, PlusVibe, and Smartlead.

(c) Timely Customer Notification

You must proactively notify Mailscale support in writing within 7 calendar days of identifying underperforming domains. Failure to notify within this window voids the guarantee.

(d) Minimum Active Period

Domains must have been active and warming for a minimum of 14 days before any claim may be submitted.

(e) Compliance

You must be in full compliance with these Terms, including all prohibited use policies and best
practices for email sending.

7.3 Sole Remedy — Domain Replacement Only

If all conditions in Section 7.2 are met, Mailscale's sole and exclusive obligation is to:

1. Attempt to restore domain health within a commercially reasonable timeframe
2. If domain health cannot be restored within 30 days, replace the affected domains with new, clean
domains and restart the warm-up process at no additional cost

The deliverability guarantee provides domain replacement only. It does not entitle you to any monetary refund, credit, chargeback, or compensation of any kind. This is your sole and exclusive remedy for deliverability issues.

7.4 Exclusions

The Deliverability Guarantee does not apply if underperformance results from:

- Your sending behavior (spam content, excessive volume, prohibited categories)
- Changes to your DNS or domain settings without Mailscale's involvement
- Third-party platform outages or policy changes
- Google Workspace, Microsoft, or other provider enforcement actions
- Use of prohibited industries or content categories
- Failure to follow Mailscale onboarding and deliverability guidelines

8. Dispute Resolution & Chargebacks

8.1 Dispute & Chargeback Policy

You acknowledge and agree that initiating a chargeback or payment reversal constitutes a material breach of our Terms. In such cases:

- Your account will be immediately and permanently terminated without notice
- You forfeit all rights to any services, data, domains, or infrastructure
- Mailscale will vigorously contest the chargeback with comprehensive evidence including:
- These Terms of Service and your recorded acceptance
- Proof of service delivery (dashboard access logs, provisioning records, timestamps)
- Your IP address and timestamp at the time of purchase and Terms acceptance
- Records of your usage of the service
- All relevant communications

You remain liable for all amounts owed, including fees, penalties, or costs incurred
Mailscale reserves the right to pursue collections and/or legal action

8.2 Acknowledgment

You acknowledge that by agreeing to these Terms at the time of purchase, you have expressly agreed that all sales are final and non-refundable.

9. Prohibited Uses

You may not use Mailscale's services for:

- Sending unsolicited bulk email (spam) in violation of CAN-SPAM, GDPR, CASL, or any applicable anti-spam legislation
- Phishing, fraud, identity theft, or deceptive communications
- Distributing malware, viruses, or harmful content
- Harassment, threats, or abusive communications
- Illegal activities of any kind
- Prohibited industries: cryptocurrency/token promotion, political campaigns, adult content,
gambling, multi-level marketing, pharmaceuticals, weapons, or any industry not compliant with
applicable anti-spam laws

Violations result in immediate account termination without refund. You remain liable for all fees through the end of the current billing period.

10. EU/International Consumer Rights — Digital Content Waiver

10.1 Waiver of Right of Withdrawal

If you are located in the European Union, European Economic Area, or the United Kingdom, you
acknowledge that:

- Mailscale services constitute digital content and digital services that begin delivery immediately upon purchase
- By completing your purchase, you expressly consent to the immediate performance of the service
- You acknowledge that you lose your right of withdrawal (cooling-off period) once delivery has begun, in accordance with Article 16(m) of the EU Consumer Rights Directive (2011/83/EU)
- You confirm that you have been informed of this loss of withdrawal right before completing your purchase

10.2 Other Jurisdictions

For customers in any jurisdiction providing a statutory right of cancellation for digital services, you expressly consent to the immediate commencement of service delivery and acknowledge the resulting loss of any applicable cancellation rights to the fullest extent permitted by law.

11. Indemnification

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

- Your use or misuse of Mailscale services
- Your breach of these Terms
- Your violation of any applicable law or regulation
- Any content you send through Mailscale's infrastructure
- Any chargeback or payment dispute you initiate
- Any third-party claims resulting from your email campaigns

12. Force Majeure

Mailscale shall not be liable for any failure or delay in performance resulting from causes beyond itsreasonable control, including but not limited to: acts of God, natural disasters, war, terrorism,government actions, labor disputes, internet or telecommunications failures, third-party serviceprovider outages, cyberattacks, pandemics, or any other event beyond Mailscale's reasonable control.Such events do not entitle you to a refund or credit.

13. Limitation of Liability

In no event shall Mailscale be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: lost profits, lost revenue, lost data, lost business opportunities, reputational damage, or business interruption, regardless of the theory of liability and even if Mailscale has been advised of the possibility of such damages.

14. Intellectual Property

All Mailscale software, technology, branding, documentation, and proprietary systems remain the exclusive property of Mailscale. Your subscription grants a limited, non-exclusive, non-transferable, revocable license to use the service only during your active subscription period.

15. Data & Privacy

Your use of Mailscale is subject to our Privacy Policy at https://www.mailscale.ai/privacy-policy.

You are solely responsible for the content of emails sent through Mailscale's infrastructure and for ensuring compliance with all applicable data protection and privacy laws (including GDPR, CCPA, and CAN-SPAM).

16. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify Mailscale immediately of any unauthorized access. Mailscale is not liable for losses resulting from unauthorized account access caused by your failure to secure your credentials.

17. Modifications to Terms

Mailscale reserves the right to update these Terms at any time. Material changes will be communicated via email or platform notification at least 14 days before the effective date. Continued use of the service after the effective date constitutes acceptance of the modified Terms. If you do not agree, your sole remedy is to cancel before changes take effect.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in f ull force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any written agreements executed between you and Mailscale, constitute the entire agreement between you and Mailscale regarding the use of our services. These Terms supersede any prior agreements, representations, or understandings, whether written or oral.

20. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal proceedings not subject to binding arbitration shall be brought exclusively in the state or federal courts located in Delaware.

21. Contact

Mailscale Email: support@mailscale.ai
Website: https://mailscale.ai