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) and individuals alike. If you use it as a consumer, article 12 gives you the additional rights that the law reserves for you, and prevails over the other articles in case of conflict.

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.
• Your API keys, your SMTP relay credentials and your inbound webhook addresses are secrets: whoever holds them can send emails on your behalf or add contacts to your lists. Keep them as you keep your credentials. A key can be revoked and an inbound webhook address replaced at any time from your workspace.
• An application you authorize to access your workspace acts on your behalf, with the permissions you grant it and under your responsibility; you can withdraw that access at any time. Contacts that an inbound webhook address or a connected CRM (HubSpot, Pipedrive) adds to your lists fall under article 5, as if you had imported them by hand. These tools fall under your own contracts with their providers: Mailcheer is responsible neither for how they work nor for what they do with the data you send them.

3. Plans, pricing and billing

• The service is offered on several plans described on the Pricing page. Each plan sets a monthly email volume, a number of members and sending domains, and a budget for the AI assistant. No plan limits the number of contacts.
• Displayed prices are those applicable when you subscribe to a paid plan, and become contractual at that point. Prices are in euros. The price shown is the price you pay: no tax is added at checkout. If you pay from a country outside the euro area, the payment page may show you the amount in your currency, converted by Stripe at the time of payment. A business established in the European Union with a valid VAT number accounts for VAT in its own country under the reverse charge mechanism.
• Subscriptions are billed every month, at the start of each monthly period, and renewed automatically from month to month until cancellation.
• Free week. The first time a workspace moves to a paid plan, its first 7 days are free. Your card is saved when you subscribe, but nothing is charged during those 7 days: the first charge takes place when they end, at the price of the chosen plan, then every month. If you cancel during the free week, from Settings → Billing, nothing is charged. A workspace benefits from the free week only once.
• 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, members, sending domains and a budget for the AI assistant. When the email limit is reached, additional sends are blocked 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. During their first seven days, new accounts also have a daily sending cap, described in the anti-abuse policy.

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.

To protect that reputation, Mailcheer reviews part of your sends, first by automated means, and may pause a send, suspend an account's sending or ban it. These checks, the conditions under which they apply and how to challenge a decision are described in the anti-abuse policy, which forms part of these TC.

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, except for the fight against abuse, for which Mailcheer acts as data controller.
• 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 and protect it against abuse.

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 (for consumers, see article 12).
• 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. A suspended or banned workspace cannot be deleted: it is kept for five years after the last suspension or ban decision, or until the end of a pending dispute, and then deleted.

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 contact@gam-communication.com. 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.

12. Consumer customers

This article applies if you take out a paid subscription as a consumer, that is, in a personal capacity, for purposes outside any trade, business, craft, profession or farming activity. It supplements the preceding articles and prevails over them in case of conflict.

12.1 Prices

The price shown is the price you pay: no tax is added at checkout.

12.2 Your right of withdrawal: 14 days

You may withdraw from your paid subscription, without giving any reason, within fourteen days of the day you took it out (Articles L221-18 et seq. of the French Consumer Code). The day of subscription does not count. If the last day falls on a Saturday, a Sunday or a public holiday, the period is extended to the next working day.

To withdraw, inform us of your decision before the end of this period by an unequivocal statement:

• online, with the “Withdraw from contract here” button on the Settings → Billing page of your workspace, available throughout the period;
• by email to contact@mailcheer.com;
• by post to GAM Communication LLC, 1309 Coffeen Avenue, STE 1200, Sheridan, WY 82801, United States.

You may use the withdrawal form set out in the annex, but you do not have to. It is enough that your message is sent before the period ends. We will acknowledge receipt of your withdrawal by email as soon as possible; if you use the online button, this acknowledgement includes the content of your statement and the date and time it was sent.

12.3 If your subscription started during the withdrawal period

Your paid subscription starts as soon as you subscribe, including during the free week provided for in article 3. At checkout, a tick box lets you expressly request that it start before the end of the withdrawal period, and acknowledge that you will lose this right once the contract has been fully performed (Article L221-25 of the French Consumer Code). The email confirming your subscription restates this request, with its date and time.

If you withdraw during the free week, nothing has been paid and nothing is owed or refunded: your subscription ends, and your workspace returns to the free Discovery plan.

If you then withdraw, you only owe us for the service provided up to the day you inform us of your decision, calculated pro rata to the time elapsed in the period paid for. We refund the rest. For example, over a 30-day period, if you inform us of your withdrawal 10 days after payment, you bear one third of the price of that period and we refund the other two thirds.

If we did not obtain this request, you owe us nothing and we refund you in full.

We refund you no later than fourteen days after being informed of your decision, using the payment method used for the purchase, at no cost to you (Article L221-24). Your paid subscription ends on the day we receive your decision: your workspace returns to the free Discovery plan, and your data remains yours. You can export it or close your account.

12.4 Legal guarantee of conformity

Mailcheer is a digital service supplied continuously: we are liable for any lack of conformity that appears during the whole term of your subscription (Article L224-25-12 of the French Consumer Code). To invoke the guarantee, write to us at contact@mailcheer.com. French law requires us to reproduce the following box; this is an English translation of the official model (annex to Article D. 211-4 of the French Consumer Code).

12.5 Changes to the service and to these terms

We develop Mailcheer to improve it, secure it and adapt it to mailbox providers' rules and to the law: this is the reason for updates that are not necessary to keep it in conformity (Article L224-25-26 of the French Consumer Code). They come at no extra cost to you. If one of them changes your access to the service or the way you use it, we will notify you by email reasonably in advance, stating its date and your right to refuse it. If its impact on you is more than minor, you may then end your subscription free of charge within thirty days, unless we offer to let you keep the service without that update.

Article 10 applies to you as follows: a price increase is announced at least 30 days in advance, and you may cancel free of charge before it applies (article 3); a technical change to the service that neither raises the price nor lowers its quality may apply without your consent; any other change affecting the term of your subscription or the characteristics of the service applies to you only if you accept it (Articles R212-1, 3°, and R212-4 of the French Consumer Code).

12.6 Liability

Article 9 does not limit your right to compensation: if Mailcheer fails to meet any of its obligations, you may obtain compensation for your loss under the conditions provided by law (Article R212-1, 6°, of the French Consumer Code).

12.7 Complaints

In the event of a dispute, first write to us at contact@mailcheer.com. We will reply in writing. You remain free to go to court directly (article 11).

Annex — Withdrawal form

This is the model set by law. You may copy it into an email or print it. So that we can find your subscription, include your account email address and the name of your workspace.