T&C

1. Acceptance of Terms

By creating an account, using the Service, or otherwise accessing MailerSpot, you agree to comply with these Terms. NexOra Enterprise Solutions FZC reserves the right to amend these Terms at any time without notice, and your continued use of the Service constitutes acceptance of any changes.

2. Eligibility

To use MailerSpot, you must be at least 18 years old and fully able and competent to enter into a binding contract. Users are solely responsible for ensuring they meet these requirements, and MailerSpot reserves the right to terminate any account that does not comply.

3. User Account Obligations

You agree to provide accurate, complete, and current information when registering for an account and to keep this information updated. You are solely responsible for all activity under your account, including safeguarding your login credentials. MailerSpot will not be liable for any loss, damage, or unauthorized access arising from the user’s failure to secure account credentials.

4. Prohibited Conduct and Content

Strict Prohibited Use Policy: Users agree to use MailerSpot only in accordance with applicable laws and regulations and to avoid any prohibited activities, including but not limited to:

• Sending unsolicited or spam emails;
• Collecting, using, or sharing data without valid consent;
• Using misleading, deceptive, or fraudulent information in any email content;
• Violating any intellectual property rights;
• Uploading harmful or illegal content (e.g., malware, copyrighted material, or discriminatory content).

User Liability: Users are fully responsible for all content sent through the Service, and MailerSpot is not liable for any prohibited conduct by users. MailerSpot may, at its sole discretion, suspend or terminate accounts without notice if prohibited activity is suspected or confirmed.

5. License and Intellectual Property

All content and services provided through MailerSpot are the exclusive property of NexOra Enterprise Solutions FZC and are protected by intellectual property laws. Users are granted a limited, revocable license to use the Service solely for internal business purposes. Users may not copy, modify, distribute, or publicly display any part of the Service without prior written consent from MailerSpot.

Termination of License: NexOra Enterprise Solutions FZC reserves the right to revoke this license at any time and for any reason without notice.

6. Subscriber Data Responsibilities

User Accountability: Users are entirely responsible for ensuring that all data uploaded to MailerSpot complies with applicable privacy laws, including obtaining explicit consent from subscribers before sending marketing emails. MailerSpot will not be liable for any breaches of data protection or privacy laws committed by users.

Data Collection: By using the Service, you agree to MailerSpot’s collection, use, and storage of data as outlined in the Privacy Policy. Users grant MailerSpot a license to access and process data as necessary to provide the Service.

7. Fees, Billing, and Refunds

Non-Refundable Fees: All fees for MailerSpot services are non-refundable, including charges for unused portions of a subscription term, unless explicitly stated otherwise by MailerSpot. Users are responsible for all fees due, and MailerSpot is not liable for any payment issues (e.g., failed transactions, bank errors, or payment disputes).

MailerSpot is not responsible for ensuring the continuity of service if payment information is not kept current.

7.1 Billing and Renewal Terms

• Automatic Billing: Payments are due in advance at the start of each billing cycle and will automatically renew until canceled by the user. Users are responsible for maintaining accurate billing information to avoid service interruptions.
• Late Fees MailerSpot reserves the right to charge late fees for unpaid balances.
• No Refunds: MailerSpot does not provide refunds for any unused period if a subscription is canceled mid-cycle or if a subscription is terminated for violation of these Terms.

7.2 Subscription Cancellation

Upon cancellation, the account remains active until the end of the current billing cycle. No partial refunds will be issued for any unused period.

8. Free Trials and Promotional Offers

MailerSpot may offer free trials or promotions at its sole discretion. Upon expiration of the trial period, users will be automatically billed according to the plan selected at sign-up. If valid payment information is not on file, MailerSpot reserves the right to deactivate or restrict the account. MailerSpot may modify or terminate any promotions without notice.

Automatic Billing Post-Trial

By signing up for a trial period, users agree that MailerSpot will automatically bill the selected subscription plan fee at the end of the trial period unless the user cancels before the trial expires.

Trial Notifications

MailerSpot may, but is not required to, send reminders toward the end of the trial period. Users are responsible for tracking trial periods and managing their subscription settings.

9. Limitation of Liability

Maximum Liability: To the fullest extent permitted by law, MailerSpot, NexOra Enterprise Solutions FZC, and its affiliates will not be liable for any indirect, incidental, punitive, or consequential damages, including lost profits, data, or goodwill. In no event shall our total liability exceed the fees paid by the user in the three (3) months preceding the claim.

No Liability for Non-Delivery or Spam Issues: MailerSpot will not be responsible for any emails that fail to send, are delayed, or are marked as spam/junk by the recipient’s email provider. The Service is provided “as is,” and users acknowledge the inherent variability in email delivery.

10. Disclaimer of Warranties

As-Is Service: MailerSpot provides the Service "as is" and "as available," without any warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. MailerSpot does not guarantee that the Service will be error-free, secure, or uninterrupted, nor that all emails will reach their intended recipients.

11. Termination of Account and Service

Immediate Termination Rights: MailerSpot may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including but not limited to breach of these Terms. MailerSpot reserves the right to determine account violations at its sole discretion.

User Data After Termination: Upon termination, MailerSpot may delete all user data associated with the account without liability to the user. Users are responsible for backing up all data before canceling or ending their account, as MailerSpot is not responsible for retained or recoverable data post-termination.

12. Indemnification

Full Indemnification by User: Users agree to indemnify, defend, and hold harmless MailerSpot, NexOra Enterprise Solutions FZC, and its affiliates, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

• User’s use or misuse of the Service;
• Content uploaded or sent through the Service;
• Violations of any laws or third-party rights.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Arab Emirates (UAE), without regard to its conflict of laws principles. Users agree to submit to the exclusive jurisdiction of the UAE courts for any disputes arising out of or in connection with these Terms or the Service.

14. Dispute Resolution

If a dispute arises, users agree to resolve it informally by contacting MailerSpot support. If the issue cannot be resolved informally, the dispute shall be resolved by binding arbitration in the UAE, with each party bearing its own costs.

15. Service Modifications and Termination

Right to Modify or Terminate: MailerSpot reserves the right to change, suspend, or terminate any aspect of the Service at any time without prior notice or liability. MailerSpot is not obligated to provide continued support for any discontinued Service.

16. Contact Information

For questions or concerns regarding these Terms, please contact us at:

• MailerSpot (operated by NexOra Enterprise Solutions FZC)
• Email: inf@mailerspot.com

This policy explicitly details the user’s responsibilities for billing accuracy, payment continuity, and timely subscription management. It also clarifies MailerSpot’s position on refunds, liability limitations, and termination rights.