Terms of Service

1) Acceptance

By creating an account or using Mail Opened at https://mailopened.com, you agree to these Terms and to our Privacy Policy, Cookie Policy, Acceptable Use Policy, and any Data Processing Addendum (together, the “Agreement”).

2) Service Description

Mail Opened provides email analytics such as pixel-based open tracking and link click tracking, along with dashboards, exports, and APIs. We may improve, change, or discontinue features with reasonable notice.

3) Accounts

You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. If you register on behalf of an organization, you confirm you have authority to bind it.

4) Your Responsibilities

You will: obtain all required consents and provide clear disclosures about tracking to your recipients; comply with laws (e.g., CASL, GDPR/UK GDPR, ePrivacy, CAN-SPAM, CCPA/CPRA); honor unsubscribe/opt-out; and not use the Service for unlawful monitoring or harassment.

5) Prohibited Uses

• Sending or facilitating spam, deceptive or malicious activity.
• Tracking minors or special-category data without a lawful basis.
• Reverse engineering, attempting to breach, probe, or overload the Service.
• Data scraping beyond permitted APIs or disclosed purposes.

6) Customer Data & License

You retain rights to your recipient lists, messages, and analytics (“Customer Data”). You grant us a non-exclusive license to process Customer Data solely to provide, secure, and maintain the Service per the Agreement.

7) Data Roles

You are typically the controller/business for recipient data; we act as your processor/service provider. See the DPA for details.

8) Subprocessors

We use vetted third-party subprocessors (hosting, email delivery, support). We maintain a public list and notify of material changes per the DPA. See Subprocessors.

9) Fees & Taxes

Fees (if applicable) are shown on our pricing/checkout pages. Charges recur each billing period. Taxes are additional unless stated otherwise.

10) Refunds

Except where required by law or our Refund Policy, fees are non-refundable. Downgrades take effect in the next cycle. See Refund Policy.

11) SLA & Support

We target commercially reasonable uptime and support. Maintenance windows are scheduled and announced when possible. Any credits are described in the SLA.

12) Confidentiality

Each party will protect the other’s non-public information using reasonable safeguards.

13) Security

We use industry-standard safeguards (e.g., TLS, Argon2id password hashing, role-based access). See our Security Statement.

14) Disclaimers

The Service is provided “as is.” Certain clients (e.g., Apple Mail Privacy Protection) can inflate open counts; metrics are indicative, not guaranteed.

15) Limitation of Liability

No indirect or consequential damages. Our total liability is limited to fees paid in the 12 months preceding the claim, to the maximum extent permitted by law.

16) Indemnity

You will indemnify us for claims arising from your unlawful emailing, lack of consent, or regulatory non-compliance.

17) Termination

Either party may terminate for convenience with notice, or for cause upon an uncured breach. Upon termination, we delete or return Customer Data per the Retention Policy and DPA.

18) Governing Law & Venue

Please customize this section. Example: “These Terms are governed by the laws of Ontario, Canada; the courts of Toronto, Ontario have exclusive jurisdiction.”

19) Changes

We may update these Terms with notice. Continued use after the effective date constitutes acceptance.