Terms of service.

By using Minutemailer or signing up for an account, you're agreeing to these Terms. This is a legal agreement.

In short

🚯 You may not use Minutemailer to send what is considered as spam.
❤️ You have the right to your own data and can terminate your account at any time you choose to.
💾 Your data is safe with us and we follow the European Data Protection Regulation (GDPR).

Introduction

Minutemailer (or the “Service”) is a marketing service offered through minutemailer.com (or the “Website”) that allows you to create, send and manage email newsletters (each message is called an “Email”) to individual recipients as well as posting content to social media. Minutemailer is owned and operated by Minutemailer AB (VAT no SE556986503201), a Swedish corporation. As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms”) define the terms and conditions under which you’re allowed to use Minutemailer and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

1. Account

Eligibility

In order to use Minutemailer, you must:

be at least eighteen (18) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information.

By using Minutemailer, you represent and warrant that you meet all the requirements listed above, and that you won’t use Minutemailer in a way that violates any laws or regulations. Minutemailer may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term

The Term begins when you sign up for Minutemailer. Clicking the button and entering your email address means that you’ve officially “signed” the Terms. If you sign up for Minutemailer on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Closing Your Account

You or Minutemailer may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your Emails from our Website.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within seven (7) days, the new Terms will be effective immediately and apply to any continued or new use of Minutemailer. We may change the Website, the Service, or any features of the Service at any time.

Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

2. Payment

Credit cards

As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

Changes

We may change our fees at any time by posting new prices to our Website and/or sending you a notification by email.

3. Rules and abuse

General Rules

You promise to follow these rules:

You won’t send Spam! In short, spam is “unsolicited bulk Email.”
You won’t use purchased, rented, or third-party lists of email addresses.
You won’t violate our Acceptable Use Policy, which is part of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account.

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Minutemailer user, we want to hear about it. If you think anyone has created material that violates any copyrights, then you may notify us.

Bandwidth Abuse/Throttling

You may only use our bandwidth for your Minutemailer emails. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns (like a website).

4. Liability

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of availability of the service, exact conformity in terms of data or time indications or suitability for a particular purpose.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

5. Acceptable use policy

Prohibited Content

Please don’t use Minutemailer to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

Pornography or other sexually explicit Emails.
Emails offering to sell illegal goods or services.
Emails that violate CAN-SPAM laws.

Due to a high level of deliverability risk we can’t (with some exceptions) allow businesses that offer these types of services, products, or content:

Escort and dating services
Work from home, make money online, and lead generation opportunities
Gambling services or products
Multi-level marketing
Affiliate marketing
Credit repair and get out of debt opportunities
List brokers or list rental services
Selling “Likes” or followers for a social media platform
Sale, transaction, exchange, storage, marketing or production of cryptocurrencies, virtual currencies and ICOs.

Prohibited Actions

We work hard to keep our system clean, but we count on our customers to pitch in too. You may not:

Send spam. In short, spam is "unsolicited bulk Email".
Put into your Email any material that wasn’t created by you, provided for you to use, or that would violate anyone's rights. That includes text, photos, graphics, and other content.
Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
Share your password.
Use any of the software on our Website, or downloaded from the Website, to create a competing product.
Try to hide the unsubscribe link or in other ways try to prevent contacts to unsubscribe.
Upload or send to purchased lists, rented lists, or third-party lists of any kind.

6. Privacy policy

Questions & Concerns

If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter, please use our chat to send us a message. You may also contact us by postal mail or email at:

Minutemailer AB
Attn. Data Protection Officer
support@minutemailer.com
Mor Wingmarks gränd 4
129 41 Hägersten
Sweden

Company register: Bolagsverket
Authorized representative: Oskar Glauser
VAT registration number: SE556986503201

Information We Collect

Information You Provide to Us: When you register to use the Services, communicate with our customer service team, or send us an email, you’re giving us information that we collect. That information may include your IP address, name, physical address, email address, phone number, credit card information, and other demographic information. By giving us this information, you consent to your information being collected, used, disclosed, and stored by us.
List and Email Information: When you add a contact List or create an Email with the Service, we have access to the data on your list and the information in your Email.
Information from your Use of the Service: We may get information about how and when you use the Services. This information may include your IP address, time, date, browser used, and actions taken by you within the application.

Use and Disclosure of Your Personal Information

We may use and disclose your Personal Information only as follows:

To promote use of our Services. For example, if you use any of our Services, and we think you might benefit from using another Service we offer, we may send you an email telling you about it.
To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.
To send you System Alert Messages. For example, we may let you know about temporary or permanent changes to our Services, like planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.
To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.
To provide customer support.
To protect the rights and safety of our Members and third parties, as well as our own.
To meet legal requirements like complying with court orders and valid subpoenas.
To support and improve the Services we offer. This includes adding features that compare Members Emails.
To communicate with you about your account for informational, not promotional, reasons.
To transfer your information in the case of a sale, merger, consolidation, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy.

Your Contacts

Your contacts are stored on a secure server. We don’t, under any circumstances, sell your contacts, contact people on your lists, market to your contacts, steal your contacts, or share your contacts with any other party, unless it’s required by law. If some of your contacts complains or contacts us, we may then contact that person.

7. Compliance

We Operate in the European Union

Our servers and offices are located in the EU, so your information may be transferred to, stored, or processed in the EU. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the EU and those third parties with whom we share it as described in this policy.

Disclaimers

Minutemailer is not responsible for the behavior of any advertisers, linked websites, or other Members. Minutemailer and its employees cannot be held responsible for the behaviour, views or actions of its users and their content.

8. Personal data assistant agreement

Addition to the current terms of use between you ("Personal Data Controller") and Minutemailer AB ("Personal Data Assistant") regarding the processing of the Personal Data Controller's personal data. This Personal Data Assistant Agreement is hereinafter referred to as the "Assistant Agreement". In cases where there are contradictions between the Terms of Use and the Assistant Agreement, the terms of use take precedence.

General

The Personal Data Assistant undertakes to process personal data in accordance with the terms of use, the Personal Data Officer's instructions and the General Data Protection Regulation (EU) 2016/679 ("GDPR").

Control of the Personal Data Controller

The personal data assistant and persons hired by him, may only process personal data in accordance with the terms of use or such instructions given by the Personal Data Controller. If the Personal Data Assistant considers that the instructions are insufficient for this agreement to be fulfilled, the Personal Data Assistant shall without delay inform the Personal Data Officer of this and await further instructions from the Personal Data Officer.

The person responsible for personal data has the right, at his own expense, to check that the personal data assistant complies with the conditions. The personal data assistant is obliged to provide the support required to perform such a check. If the Data Controller finds serious deficiencies or violations, the Data Controller has the right to terminate this agreement with immediate effect.

Transfer to third country

The personal data assistant shall process personal data within, and on devices that are physically located within, the EU / EEA or a third country that is considered to be adequately protected by the European Commission.

Request from authorities

If a subscriber, the Data Inspectorate, the Privacy Protection Authority or any third party requests information about the processing of personal data from the Personal Data Assistant, the Personal Data Assistant shall refer the request to the Personal Data Officer. The Personal Data Assistant does not have the right to disclose personal data or information about the processing of personal data unless required by law or expressly instructed by the Personal Data Officer.

The personal data assistant shall without delay inform the Personal Data Officer of any inquiries or other contacts with the Data Protection Authority, or any other authority that affects or may affect the processing of personal data. The Personal Data Assistant has no right to represent or act on behalf of the Data Protection Officer in relation to the subscriber, the Data Inspectorate, the Privacy Protection Authority, any other authority or any third party.

The Personal Data Assistant shall, for a reasonable fee, assist the Personal Data Officer in presenting information that has been requested by the Data Inspectorate, the Privacy Protection Authority, another authority or the data subject.

Security

The personal data assistant shall take appropriate technical and organizational measures to protect the personal data from unauthorized access, destruction, loss or alteration. The measures shall be appropriate with respect to (a) available technology, (b) costs, (c) specific risks associated with the processing and (d) the sensitivity of the personal data.

For this purpose, the personal data assistant shall comply with the Data Inspectorate's instructions, in particular the Data Inspectorate's general advice on security for personal data.

The personal data assistant shall take appropriate technical and practical measures to enable the investigation of possible and suspected security breaches regarding personal data, such as unauthorized access, destruction, loss or alteration.

Personal data assistant guarantees that everyone who has access to personal data is bound by confidentiality. For the avoidance of doubt, such confidentiality shall also apply in contacts with authorities and data subjects.

Assistants

The Personal Data Assistant shall have the right to use subcontractors for the processing of personal data ("Sub-Assistant"), provided that the Sub-Assistants are bound by at least the same commitments and obligations towards the Personal Data Officer as the Personal Data Assistant in accordance with this Agreement. The Personal Data Assistant is fully responsible to the Personal Data Officer for the Assistant's documents and handling of personal data.

Deletion of personal data

The Personal Data Assistant and its Assistants shall, in accordance with the Personal Data Officer's decision on deletion of personal data, completely or partially delete such personal data from which medium they are stored, so that the personal data can not be recreated or ensure that they are anonymised in such a way that connect to an individual. The deletion or anonymisation must be completed within ninety (90) days after the Personal Data Officer's decision on deletion of personal data.

The Personal Data Officer and the Personal Data Assistant agree that the Personal Data Assistant and all Sub-Assistants shall, after completion of processing, either return all transferred personal data, including copies, to the Personal Data Officer or delete them in accordance with the above paragraph.

Upon request, the Personal Data Assistant shall certify in writing (e-mail or written notice in the service) that such return and / or deletion or anonymisation has been completed or, where applicable, the time frame within which such action will be performed.

Responsibility

The person responsible for personal data is responsible for ensuring that processing takes place in accordance with the legislation in force at any given time.

The Personal Data Assistant shall be responsible for any damage caused to the Personal Data Officer, if the processing of personal data has taken place in violation of the Personal Data Officer's instructions, this agreement or the Terms of Use. However, the personal data assistant's liability shall be subject to the same restrictions as stated in the Terms of Use.

Terms and notice

This agreement shall apply during the time the Personal Data Assistant processes personal data for the Personal Data Officer.

The Parties agree and agree that if the Legislation or applicable government directives change significantly, the terms of this Assistant Agreement shall be adjusted so that they correspond as far as possible to the principles the Parties originally intended when this Assistant Agreement was entered into.

Disputes and applicable laws

The agreement shall be interpreted in accordance with and regulated by Swedish law.

Any dispute arising from or relating to this agreement shall be decided in a Swedish court, with the Stockholm District Court being the first instance.