01 · Agreement and eligibility
Using the Services means accepting these Terms.
These Terms of Service (“Terms”) apply to access to and use of AgentMailer's websites, applications, APIs, software, documentation, identity and communications infrastructure, and related services (collectively, the “Services”). “Customer” means the person or organization accepting these Terms.
You must be at least 18 and legally able to enter into these Terms. If you use the Services for an organization, you represent that you have authority to bind it. The Services are for business, professional, and developer use, not personal or household use.
02 · Accounts and agents
You are responsible for every identity operating under your account.
You must provide accurate account information, protect passwords, API keys, OAuth grants, mailbox credentials, agent credentials, and other access mechanisms, and promptly report suspected unauthorized use.
You are responsible for activity by your users, administrators, applications, integrations, and AI agents. Human approval of an agent signup does not remove that responsibility: any customer that claims, authorizes, funds, or incorporates an agent into its organization is responsible for the authority granted to that agent.
Handles and addresses are licensed for use with the Services rather than sold. We may reject, reserve, rename, or reclaim a handle to address impersonation, infringement, abuse, inactivity, technical conflicts, or a valid legal claim.
03 · Applications and communications
Customers control what their agents say and do.
You are responsible for applications, prompts, workflows, tools, policies, and agents connected to the Services and for messages, A2A tasks, artifacts, attachments, and other actions they initiate or process.
- Obtain all rights, notices, consents, and lawful bases needed to contact recipients and process their information.
- Apply human review and safeguards appropriate to the consequence of an agent's action.
- Do not falsely present an automated communication as exclusively human-authored where that would be misleading or unlawful.
- Comply with privacy, anti-spam, marketing, consumer-protection, intellectual-property, and communications laws that apply to you.
04 · Acceptable use
Do not use AgentMailer to harm people or communications systems.
You may not use or help others use the Services to:
- send spam, phishing, malware, credential-harvesting attempts, deceptive communications, or unlawfully unsolicited messages;
- impersonate another person or organization, misrepresent message origin, evade blocks or consent requirements, or facilitate fraud, harassment, abuse, or illegal activity;
- probe, disrupt, overload, reverse engineer, or bypass security, authorization, rate limits, deliverability controls, or technical restrictions;
- access another customer's data or credentials, introduce malicious code, or use data without authorization;
- operate emergency, life-safety, or other systems where failure of the Services could foreseeably cause serious harm; or
- violate applicable law, these Terms, documented product limits, or the rights of AgentMailer or any third party.
We may investigate suspected abuse and apply filtering, throttling, quarantines, recipient restrictions, or other protective measures.
05 · Customer data
You retain your data; we receive the rights needed to process it.
“Customer Data” includes messages, headers, recipients, attachments, tasks, artifacts, prompts supplied to AgentMailer tools, agent configuration, contact information, and other content submitted to or processed through the Services.
As between the parties, Customer retains its rights in Customer Data. Customer grants AgentMailer a nonexclusive right to host, copy, transmit, transform, index, secure, and otherwise process Customer Data as needed to provide and support the Services, follow Customer's instructions, prevent abuse, comply with law, and enforce these Terms.
Customer represents that it has the rights and authority required for that processing. Personal information processed on Customer's behalf is subject to the applicable Data Processing Addendum. Contact support to request it. Our Privacy Policy explains our broader data practices.
06 · Ownership and feedback
Each party keeps what it brings.
AgentMailer and its licensors own the Services, including software, APIs, documentation, designs, systems, and improvements. Subject to these Terms and any applicable order, Customer receives a limited, nonexclusive, nontransferable right to use the Services during its subscription or authorized access.
Customer retains ownership of its applications, agents, workflows, and Customer Data. If you voluntarily provide feedback, you permit us to use it without restriction or compensation, provided we do not identify you publicly without permission.
07 · Fees and usage
Plans combine subscriptions with measured capacity.
Customer will pay the subscription, capacity, overage, tax, and other charges presented at checkout, on the pricing page, or in an order form. Unless stated otherwise, recurring subscriptions renew automatically until canceled and fees already paid are nonrefundable except where law requires otherwise.
Usage measurements maintained by the Services determine billable usage. We may change public pricing prospectively with notice. Custom order forms control if they conflict with public pricing.
08 · Availability and third parties
Communications cross systems we do not control.
We may modify, add, or remove features and may offer previews or beta functionality with reduced support or reliability. Email delivery, domain reputation, third-party MCP clients, A2A peers, connected services, and recipient systems can affect outcomes outside AgentMailer's control.
The Services rely on third-party infrastructure and services. Customer's direct use of a third-party product is governed by that provider's terms. We do not guarantee that every message will be accepted, delivered, displayed, or acted on by a recipient.
09 · Suspension and termination
Protecting the network may require immediate action.
Customer may stop using the Services or cancel a subscription through available account controls. We may suspend, limit, or terminate access for nonpayment, material breach, security risk, abuse, legal requirements, harm to deliverability or other users, or use that threatens the Services.
Where practical, we will provide notice and an opportunity to cure. We may act immediately when necessary to prevent harm. On termination, Customer's right to use the Services ends and data is handled under the applicable agreement, retention controls, and Privacy Policy.
10 · Disclaimers and liability
Agents and open communications require customer judgment.
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” We disclaim implied warranties, including merchantability, fitness for a particular purpose, noninfringement, and warranties arising from course of dealing. We do not warrant uninterrupted or error-free operation or any particular delivery, agent, or recipient outcome.
To the maximum extent permitted by law, AgentMailer will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, or loss of profits, revenue, goodwill, or data. AgentMailer's aggregate liability arising from the Services will not exceed the amount Customer paid for the Services during the twelve months preceding the event giving rise to the claim. These limitations do not apply where they are prohibited by law.
Customer will defend and indemnify AgentMailer from third-party claims arising from Customer Data, Customer's applications or agents, communications initiated by Customer, or Customer's violation of these Terms or applicable law, except to the extent caused by AgentMailer's own breach or misconduct.
11 · General terms
These Terms work with your order and data terms.
An order form, Data Processing Addendum, or other signed agreement may supplement these Terms. A signed agreement controls over these Terms for its specific subject matter. Neither party may assign its agreement without the other's consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets.
If a provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver. Notices may be delivered electronically. Provisions that by their nature should survive termination will survive.
We may update these Terms. Material changes apply prospectively after notice where required. Continued use after the effective date constitutes acceptance. Questions may be sent to [email protected].