Mailyard terms of service

These Terms of Service ("Terms") are an agreement between Mailyard, Inc. ("Mailyard," "we," "us") and the business or organization that uses our website or services ("Customer," "you"). They cover the mailyard.ai website, the Mailyard platform at app.mailyard.ai, our API, and Mailyard Managed, where we run campaigns for you (together, the "Services").

By creating an account, checking a box to accept these Terms, paying for the Services, or using them, you agree to these Terms and to our privacy policy. If you accept for a company, you confirm that you have authority to bind it, and "you" means that company.

Please read section 18 carefully. It requires disputes to be resolved by binding individual arbitration and waives your right to bring or join a class action.

1. Business use only

The Services are for businesses and organizations, for their own business purposes. You confirm that you are not using them as a consumer for personal, family or household purposes, and that you are at least 18 years old.

2. The Services

Mailyard helps businesses send personalized letters. Depending on what you use, the Services can include researching and verifying business mailing addresses for the people on your list, letter design and writing tools, printing and postage through our print-and-mail partners and the United States Postal Service, delivery tracking, QR-code and letter-page reporting, integrations, and an API. The features, plans and prices available to you are described in the product, on our pricing page and at checkout. Mailyard mails only to addresses in the United States, and the Services are intended for businesses that mail within the United States.

Address research is best effort. We use public sources, third-party data providers, automated systems, artificial intelligence and, for some work, human review. We do not promise that we will find an address for any particular person, that any share of your list will be mailable, or that an address we find is current or still used by that person.

Verification is not a delivery guarantee. We check addresses against USPS address standards before mailing, which gives each letter its best chance of reaching the right person. USPS handles final delivery, and a verified address does not guarantee that a letter will be delivered, delivered on a particular date, or read by the intended person.

We are not your lawyer. Mailyard does not give legal, regulatory, privacy, advertising, postal or other professional advice. Our involvement in a campaign, our tools, templates or suggestions, and any review we do before mailing do not mean the campaign is lawful or compliant.

3. Your account

You must give accurate account information and keep it current. You are responsible for your account, for keeping passwords and API keys secret, and for everything done by your team members or with your keys. Tell us at legal@mailyard.ai right away if you suspect unauthorized access.

4. You are the sender and you are responsible for your mail

The mail is yours. Every letter is sent on your behalf, for your business purposes, with your return address. You decide whom to mail and what to say. You are the sender and advertiser for all legal and postal purposes, and Mailyard acts only as your service provider.

You are responsible for your content. You are solely responsible for everything in and around your mail, including its copy, accuracy, claims, offers, promotions, discounts, pricing, testimonials, disclosures, images, logos, trademarks, links, QR-code destinations, landing pages and return address. This includes making sure that statements are true and not misleading, that you can substantiate any claim you make, that you honor every offer and promotion you send, and that each piece includes any disclosure the law requires.

Content we help create is still yours. This is true even when our AI tools, templates, sample copy or our team help draft, format or suggest content. Anything prepared with our help becomes your content when you approve it, save it or send it.

Proof approval is final. Before printing, we show you proofs and the people who will be mailed. Review them carefully. Approving a proof or releasing a campaign authorizes us to print and mail it as shown, and we are not responsible for errors that appear in, or are reasonably apparent from, what you approved. Any review we do before mailing checks data, formatting and deliverability. It is not a legal or content review, and you may not rely on it as one.

You are responsible for the decision to contact each recipient. This includes honoring do-not-mail requests and any suppression list your business or industry requires, and having the right, under the laws that apply to your mailing, to mail each recipient and to use the data you give us for that purpose.

5. Your data, lead data and AI

Your rights in your lists. You confirm that you own or have every right needed to give us the contact data and materials you upload or send through an integration, that you collected them lawfully, and that using them in the Services will not violate any law, contract or third party's rights.

How AI and research are used. To find and verify addresses and help you write letters, we use AI and automated systems to process public professional information (such as company, job title, business location and web or profile URLs), information you supply, and enrichment from third-party providers. Research results, enrichment and AI-written suggestions can be incomplete, outdated or wrong. We do not guarantee their accuracy, completeness or timeliness, and you are responsible for reviewing them before you act on them or mail.

Your compliance. You are responsible for complying with the privacy, marketing and other laws that apply to your campaigns and to your use of the information you receive from the Services, including U.S. state privacy laws such as the CCPA and, where they apply, laws such as the GDPR.

Controller and processor. For personal information you upload or that we process to run your campaigns, you are the business (or data controller) that decides why it is used, and we act as your service provider (or data processor) under applicable data protection laws, using it only to provide the Services to you and as described in our privacy policy.

Results are for your own use. You may use addresses, USPS verification results, confidence scores and other results from the Services only for your own lawful business purposes. You may not sell, license or otherwise provide them to anyone else, as a list, a data product or part of a service. Verification results and confidence scores describe an address when it was checked and do not guarantee that a letter will be delivered.

Data we do not accept. Do not upload or ask us to process health information (including information covered by HIPAA), payment card or bank account numbers, government identification numbers, information about anyone under 18, information about people outside the United States, information restricted by the Fair Credit Reporting Act, the Driver's Privacy Protection Act or similar laws, or other sensitive categories of data. We may delete such data and pause any campaign that includes it.

6. Acceptable use: nothing illegal or fraudulent

You may not use the Services to send, or attempt to send, mail or content that:

is illegal, or promotes illegal products, services or activity;
is fraudulent, a scam or a phishing attempt, including fake invoices, bills, renewal notices, checks, prize or refund notices, or requests for payment or personal information under false pretenses;
is false, misleading or deceptive, or makes claims you cannot substantiate;
impersonates any person or business, or imitates or implies affiliation with a government agency, court, bank, utility or other organization, including "official" or "urgent" seals, wording or designs that look like a government or legal notice;
contains sweepstakes, contests, lotteries or prize notices;
is defamatory, harassing, threatening, hateful, obscene or discriminatory;
infringes anyone's copyright, trademark, privacy, publicity or other rights;
concerns debt collection, credit, insurance, lending, healthcare, political campaigns, charitable solicitation or another regulated purpose, unless you have confirmed that the mail meets every rule for that purpose;
goes to anyone who has asked you not to contact them; or
violates any law, including postal, consumer protection, advertising, privacy, anti-spam, intellectual property and export laws.

You also may not try to access other customers' data or accounts, probe or interfere with the Services, exceed rate limits, reverse engineer the Services, use them to build a competing product, or resell them without our written permission.

You must also follow the content and mailing rules of our print-and-mail partners, which apply to every letter sent through Mailyard. We may pause sending while we or our partners look into a complaint about your mail. We may refuse, hold, pause or cancel any campaign or letter, and suspend any account, if we believe it may violate these Terms, the law, third parties' rights or our partners' requirements, or may expose Mailyard or others to legal, financial or reputational harm. We do not have to review every campaign, find every problem or explain every decision. We may report suspected fraud or illegal activity to the authorities and cooperate with their investigations, and we do not refund fees for campaigns stopped for fraud or illegal content.

7. Plans, credits, fees and refunds

Fees. You agree to pay the fees shown in the product, on our pricing page or at checkout when you buy. Fees are in U.S. dollars and do not include taxes, which you are responsible for. Payments are processed by our payment provider.

Subscriptions renew automatically. A monthly plan renews each month and charges your payment method until you cancel. You can cancel at any time in your billing settings, and cancellation takes effect at the end of the current billing period. We do not give refunds or credits for partial periods.

Research credits. Plans include research credits, as described on the pricing page. Credits have no cash value, cannot be transferred or exchanged for money, and end when your account closes.

Letters. Letters are billed separately, per letter, as shown before you pay. You can withdraw a scheduled campaign until it is released for printing. Once a campaign is released for printing or mailing, it cannot be recalled and its fees are non-refundable.

Managed campaigns. For Mailyard Managed, fees for research, creative and setup work are earned once that work begins and are non-refundable, and printing and postage costs are non-refundable once incurred or committed, unless your order says otherwise.

Our errors. If a letter is misprinted or misaddressed because of our error, and not because of your data, your instructions, an approved proof or a third party, your only remedy is, at our choice, reprinting the affected letters or refunding what you paid us for them. You must tell us about the error within 30 days after the letters were printed. After that, no reprint or refund is available.

Chargebacks. Please contact us at legal@mailyard.ai before disputing a charge. We may suspend accounts with disputed or failed payments and recover amounts owed, plus reasonable collection costs.

Price changes. We may change prices for future periods or purchases. We will tell you before a price change affects a subscription you already have.

8. Printing, postage and delivery

Letters are scheduled at least 24 hours ahead. Printing, postage and delivery are carried out by our print-and-mail partners and USPS. Delivery dates are estimates, not promises, and we are not responsible for postal delays, misdelivery, returned or lost mail, or other acts of third parties outside our reasonable control. Once a letter has been printed and handed to the postal service, its fees are not refunded if it arrives late, is returned or is not received.

9. QR codes, letter pages and reporting

Where you turn them on, letters can carry a unique QR code, and recipients can view their letter online. We record scans, views and clicks and report them to you. You are responsible for your landing pages, what they say, their privacy disclosures and any information you collect on them. Reporting may be incomplete, and delivery status may be estimated.

10. Third-party services and integrations

The Services work with tools such as Clay, CRMs and your own systems through CSV files, the API and webhooks. Your use of those tools is governed by their terms, and we are not responsible for them, for data they send us, or for what they do with data you send them.

11. Ownership and feedback

You keep ownership of your data, brand assets and content. You give us permission to use them to provide, secure and support the Services for you. We own the Services, including our software, website, templates, AI prompts, research methods, models and improvements, and nothing in these Terms transfers them to you. You may use letters created with the Services for your own business. We may collect and use usage data, and aggregated or de-identified data derived from the Services, to operate, secure, improve and develop our products and services, during and after these Terms, as long as it does not identify you, your users or any recipient. If you send us feedback, we may use it without obligation to you. We may name you as a customer, including with your logo, unless you ask us not to at legal@mailyard.ai.

12. Confidentiality

Each party will protect the other's non-public business information and use it only as needed under these Terms. Your contact lists and campaign results are your confidential information. This does not limit disclosures required by law, needed to enforce these Terms or protect rights and safety, or made to service providers, or to actual or potential acquirers, investors, lenders and their advisers, who are bound to protect the information.

13. Disclaimers

THE SERVICES AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, MAILYARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS AND UNINTERRUPTED OR ERROR-FREE OPERATION.

WE DO NOT PROMISE THE NUMBER OF ADDRESSES FOUND, ANY MATCH OR VERIFICATION RATE, THE ACCURACY OF ANY DATA OR AI OUTPUT, THAT ANY LETTER WILL BE DELIVERED OR DELIVERED ON A PARTICULAR DATE, THAT ANYONE WILL READ, SCAN OR RESPOND TO A LETTER, OR ANY MEETINGS, LEADS, SALES, REVENUE OR OTHER BUSINESS RESULT. ANY ESTIMATE, BENCHMARK OR EXAMPLE IS FOR INFORMATION ONLY.

14. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) MAILYARD AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, DATA, GOODWILL OR REPUTATION, EVEN IF ADVISED THEY WERE POSSIBLE; AND (B) MAILYARD'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID MAILYARD IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY TO EVERY THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT YOUR PAYMENT OR INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED.

15. Indemnification

You will defend, indemnify and hold harmless Mailyard and its owners, employees, contractors, affiliates and service providers from any third-party claim, government inquiry, loss, penalty, damage or expense, including reasonable attorneys' fees, arising from or relating to:

your mail, its content, claims, offers and promotions, and your landing pages;
your products, services and business;
the data you provide and your right to use it;
your decision to contact any recipient, and any complaint from a recipient;
your use of addresses or other results from the Services; or
your breach of these Terms or violation of any law or third party's rights.

We will tell you about a covered claim and let you control its defense, and we may take part with our own counsel at our own cost. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

16. Suspension and termination

You may stop using the Services and close your account at any time. We may suspend or end your access immediately for a breach of these Terms, non-payment, a chargeback, suspected fraud or illegal activity, a credible legal or regulatory concern, or recipient complaints. Sections that by their nature should continue after termination, including those on payment, your responsibility for your mail, data, ownership, confidentiality, disclaimers, liability, indemnification and disputes, continue to apply.

17. Using the website

Information on mailyard.ai describes Mailyard and may change. It is not an offer, a guarantee of results or professional advice, and examples use fictional people and companies. Do not copy substantial parts of the website, or overload or scrape it with automated requests. The website links to other sites, which we are not responsible for.

18. Disputes, arbitration and class action waiver

Talk to us first. Before starting a formal proceeding, the party with a claim will send the other a written description of it, to legal@mailyard.ai for Mailyard, and both parties will try in good faith to resolve it for 30 days.

Binding individual arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Services, including whether this section applies or is enforceable, will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, in Florida or by video conference. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court, and either party may ask a court for an injunction to protect its intellectual property, confidential information or the security of the Services.

Class action waiver. YOU AND MAILYARD EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR ARBITRATION. YOU WAIVE ANY RIGHT TO BRING, JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST MAILYARD. The arbitrator may not combine more than one party's claims or preside over any class or representative proceeding.

Jury waiver. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND MAILYARD EACH WAIVE ANY RIGHT TO A JURY TRIAL.

If the class action waiver is found unenforceable for a claim, that claim will be decided by a court and not in arbitration, and the rest of this section still applies to every other claim. Any claim must be brought within one year after it arises, or it is permanently barred.

19. Governing law

These Terms are governed by the Federal Arbitration Act and the laws of the State of Florida, without regard to conflict-of-law rules. Subject to section 18, the state and federal courts in Florida have exclusive jurisdiction, and both parties consent to them.

20. General

Changes. We may update these Terms by posting a new version on this page with a new date, and we will tell customers about material changes by email or in the product. Continuing to use the Services after a change takes effect means you accept it. A paid campaign is governed by the version in effect when you paid for it.

Entire agreement. These Terms, any order or checkout terms you accept, and our privacy policy are the entire agreement about the Services and replace any earlier discussions or purchase-order terms.

Other terms. You may not assign these Terms without our written consent. We may assign or transfer these Terms, and any data and rights under them, without your consent to an affiliate or in connection with a merger, acquisition, reorganization, change of control or sale of all or substantially all of our business, stock or assets. Neither party is liable for delays caused by events beyond its reasonable control, such as postal disruptions, carrier or supplier failures, or internet outages. If any provision is unenforceable, the rest remain in effect, and not enforcing a provision is not a waiver. You agree to receive notices electronically, at the email on your account. You confirm that you are not on a U.S. sanctions list and will not use the Services in violation of export or sanctions laws. There are no third-party beneficiaries of these Terms.

21. Contact

Questions about these Terms: legal@mailyard.ai. Mailyard, Inc.