Publication Date: March 7, 2025
By accessing or using any services on or through Mailaway, you undertake these Terms and Conditions (the “Terms”).
These Terms constitute a business-to-business contract, and consumer protection laws shall not apply to these Terms or any relations between the User and Mailaway.
Subject to these Terms, by accepting these Terms of Mailaway (the “Service”), you become a user (the “User”) of the Service. The Service is provided and operated by UAB Sellfy, registration number 302673703, Pramonės g. 97, Vilnius, Lithuania (“Sellfy”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
By subscribing to any Service, you must accept the Terms before your subscription is confirmed.
"Service" refers to the Mailaway email marketing platform, including all software, applications, tools, and associated content provided by UAB Sellfy.
"User" refers to any individual or entity who accesses or uses the Service.
"Content" refers to any emails, messages, materials, or other data uploaded, sent, or managed through the Service.
By accepting these Terms, you warrant and represent the following:
Mailaway reserves the right to suspend or terminate your account at its discretion if any of these obligations are breached.
You are solely responsible for all activity conducted under your account. The Company shall not be liable for unauthorized access resulting from your failure to maintain security over your credentials.
You retain full ownership of your email lists and subscriber data. The Company does not claim any rights over your data except as necessary to provide the Service.
You must ensure that all email recipients have provided valid consent in accordance with applicable laws, including:
The Company reserves the right to suspend or terminate accounts that engage in unsolicited mass emails (spam) or violate our Anti-Spam Policy.
The Service is offered only as a paid subscription with monthly or annual billing cycles. All subscriptions auto-renew unless canceled before the renewal date. Fees are subject to change, and Mailaway will notify you in advance of any fee modifications.
All payments are non-refundable, including for unused portions of the subscription period.
If a payment fails or a subscription expires, your account will be restricted from sending emails. User data will be retained for 30 days following expiration. If the account is not renewed, all data will be permanently deleted.
You may cancel your subscription at any time through your account settings or by contacting Mailaway support.
The Company may suspend or terminate accounts without prior notice if:
Your data will be stored for up to 30 days after your subscription expires. After this period, your data will be deleted unless required by law to be retained.
The fees listed on the Service pricing page exclude all applicable taxes and government-imposed charges unless explicitly stated otherwise.
Users are solely responsible for determining, collecting, reporting, and remitting any taxes associated with their business activities, including those related to sales, digital services, or goods they offer through their own platforms. The Company assumes no responsibility for tax compliance or obligations related to the User’s business operations.
MAILAWAY PROVIDE THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. MAILAWAY, ITS SUPPLIERS, AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES.
BY ACCEPTING TO THESE TERMS, THE USER EXPRESSLY AGREES THAT THIS SECTION 8 IS AN ESSENTIAL ELEMENT OF THESE TERMS AND THAT, IF SUCH SECTION IS ABSENT, THE ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
IN NO EVENT SHALL MAILAWAY, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE.SELLFY, ITS SUPPLIERS, AND SERVICE PROVIDERS, CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, TO THE USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES THE USER HAS PAID TO SELLFY FOR THE SERVICES DURING ONE (1) YEAR IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE.
By entering into these Terms, the User undertakes to indemnify and hold harmless Mailaway, its employees, shareholders, directors, its suppliers and service providers, from any and all losses, damages, fines, penalties, governmental regulatory enforcement actions, and other costs (including reasonable attorney’s fees and expenses) finally awarded or agreed to in connection with the adjudication or settlement of any claim, administrative proceeding, cause of action or lawsuit, resulting from any actions or failure to act, violation of these Terms, legal provisions, accident, incident, or mishap occurring anywhere for whatever cause, performed by or connected with the User.
These Terms, the entering into the Terms, the termination of the Terms, etc., are governed by the laws of the Republic of Lithuania. Any and all claims, legal proceedings, or litigation, arising in connection with the Service or these Terms shall be brought solely in the Republic of Lithuania, and the User consents to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
The failure of Mailaway to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material, e.g. the amendment of the Fee, we shall notify the User via email associated with the User’s Mailaway account in advance, before reasonable term of time. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised Terms.
If any provision of these Terms is/becomes invalid in accordance with the applicable mandatory legal provisions, this shall not cause invalidity of this contract and the entire Terms, and Mailaway shall immediately, after having discovered such incompliance, replace the void provision with the valid one. If you have questions about these Terms or the Service, please contact us at contact@mailaway.com.