Terms of sale and use

1. Purpose

Mailcheer is an online email marketing service (SaaS) allowing its customers to manage contact lists, design and send email campaigns, and track their results. The service is published by GAM Communication LLC (a limited liability company incorporated under the laws of the State of Wyoming, United States), 1309 Coffeen Avenue, STE 1200, Sheridan, WY 82801, United States — hereinafter referred to as "Mailcheer" or "the publisher".

These terms and conditions (hereinafter "TC") apply to all use of the service, accessible at mailcheer.com. They take precedence over any other document. The service is intended for professionals (companies, sole traders, associations); consumer protection provisions apply only to customers who qualify as consumers.

2. Account creation

• Access to the service requires creating an account with a valid email address. You commit to providing accurate information and keeping it up to date.
• You are responsible for the confidentiality of your credentials and for all activity carried out from your account. Notify us without delay in the event of unauthorized use.
• An account belongs to a single organization; members you invite act under your responsibility.
• Mailcheer may refuse or close an account created in breach of these TC, in particular for fraudulent use or in violation of article 5.

3. Plans, pricing and billing

• The service is offered on several plans described on the Pricing page. Each plan defines a sending volume, a number of contacts, and features.
• Displayed prices are those applicable when you subscribe to a paid plan, and become contractual at that point. Prices are in euros, excluding tax. As the publisher is based in the United States, any applicable tax depends on your country and status (a professional with a valid VAT number is generally subject to the reverse charge mechanism); the exact amount and applicable note appear on the invoice.
• Subscriptions are billed in advance, on a monthly or annual basis depending on your choice, and renewed automatically until cancellation.
• Payments are processed by Stripe, by payment card. Mailcheer stores no card data. Invoices are available in your customer area.
• In the event of a payment failure, we will notify you; if not resolved within 15 days, the account may be downgraded or suspended until payment is made.
• Any price change will be announced at least 30 days before it takes effect; you remain free to cancel before that date.

4. Quotas and limits

Each plan includes limits (emails per month, number of contacts, members, sending domains). When a limit is reached, additional sends are suspended until the period renews or until you upgrade to a higher plan, which you may do at any time. Mailcheer may apply technical rate limits to protect the deliverability of all its customers.

5. Acceptable use and anti-spam

Sending reputation is shared among all Mailcheer customers. You therefore commit to strictly respecting the following rules:

• Mandatory consent. You may only send emails to people who have explicitly consented (opt-in) or with whom you have an existing customer relationship, in compliance with the GDPR and Article L.34-5 of the Code des postes et des communications électroniques.
• No purchased, rented or collected lists without consent (scraping, directories, third-party lists).
• Clear identification of the sender and a working unsubscribe link in every email; unsubscribes are honored without delay.
• No unlawful, misleading, defamatory or rights-infringing content; no impersonation or phishing.
• No attempt to circumvent quotas, compromise the service or disrupt its operation.

Mailcheer monitors deliverability indicators (bounces, complaints, unsubscribes). In the event of non-compliance or abnormal rates, we may immediately suspend sending or the account, without notice or refund, and then contact you to review the situation. You remain solely responsible for the content of your emails and the lawfulness of your lists.

6. Mailcheer's commitments

• Provide the service with due care and in accordance with best practices, and ensure its availability to the extent reasonably possible (best-efforts obligation). Scheduled maintenance will be announced in advance where possible.
• Process your data and that of your contacts in accordance with our privacy policy, acting as data processor for your subscribers' data.
• Allow you to export your contacts and campaigns at any time.

7. Intellectual property

Mailcheer grants you a right to use the service, personal, non-exclusive and non-transferable, for the duration of your subscription. The service, its interface, its trademark and its code remain the property of the publisher. Content you create or import (emails, images, lists) remains your property; you authorize us solely to host and process it in order to provide the service.

8. Duration and termination

• You may cancel at any time from your customer area. The cancellation takes effect at the end of the period already paid for; no started period will be refunded, unless otherwise required by law.
• Mailcheer may terminate an account in the event of a serious breach of these TC, after notification remaining without effect for 15 days — or immediately in the event of a breach of article 5.
• When the account is closed, your data is deleted according to the periods indicated in the privacy policy. Remember to export your contacts beforehand.

9. Liability

Mailcheer shall not be held liable for indirect damages (loss of revenue, customers, data attributable to the customer, reputational harm), nor for the consequences of classification as spam by recipients' email providers, over which the publisher has no control. In any event, Mailcheer's liability is limited to the amounts paid by the customer over the twelve preceding months.

You indemnify Mailcheer against any third-party claim arising from the content of your emails or the origin of your contact lists.

10. Amendments to these terms

Mailcheer may amend these TC. Substantial changes will be notified to you by email at least 30 days before they take effect; continued use of the service constitutes acceptance. The version in force is always the one published on this page.

11. Applicable law and disputes

These TC are governed by French law. This is a choice made by the publisher, permitted by the European regulation on the law applicable to contracts (Rome I); it cannot deprive you of the protection afforded by the mandatory provisions of the country where you reside. In the event of a dispute, an amicable resolution will be sought first by writing to [email protected]. If no agreement is reached, the dispute shall fall under the jurisdiction of the competent courts under ordinary law: no clause herein requires you to appear before any particular court, and if you reside in the European Union you retain the option to bring proceedings in the courts of your country where the law permits.