Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By creating a MergeMail account or using any part of the service, you agree to be bound by these Terms of Service ("Terms"). If you are using MergeMail on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the service.

2. Service Description

MergeMail is a web-based platform that enables users to send personalized bulk email campaigns with per-recipient document attachments. The service includes spreadsheet parsing, document generation (DOCX and PDF), mail merge, SMTP relay, campaign management, and a credit-based billing system.

We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice. Planned maintenance will be announced via the dashboard.

3. User Obligations

You agree to:

  • Provide accurate account information and keep it up to date.
  • Keep your account credentials confidential and notify us immediately of any unauthorized access.
  • Use the service only for lawful purposes and in compliance with our Acceptable Use Policy.
  • Obtain all necessary consents from email recipients before sending them messages through MergeMail.
  • Comply with applicable email regulations, including the Nigerian Communications Commission (NCC) Spam Regulations and the CAN-SPAM Act where applicable.
  • Not attempt to circumvent security controls, abuse the credit system, or reverse-engineer the platform.

4. Credits & Payments

  • Credits are purchased in advance using Paystack payment processing in Nigerian Naira (NGN).
  • 1 credit equals 1 email successfully dispatched to an SMTP server.
  • Credits do not expire and are not subject to monthly renewal.
  • Credits are non-refundable except where an email delivery failure occurs — in which case the credit is automatically returned to your wallet.
  • We reserve the right to change credit package pricing with 14 days' notice. Previously purchased credits are not affected by price changes.
  • Failed payments do not grant credits. You are responsible for ensuring your payment method is valid.

5. Intellectual Property

The MergeMail platform, including all software, design, trademarks, and documentation, is owned by MergeMail and protected by Nigerian and international intellectual property law. You may not copy, modify, distribute, or create derivative works of the platform without written permission.

You retain full ownership of all content you upload to MergeMail, including spreadsheets, document templates, and generated documents. By uploading content, you grant MergeMail a limited, non-exclusive, revocable license to process that content solely for the purpose of delivering the service.

6. Privacy

Our collection and use of personal data is governed by the Privacy Policy, which forms part of these Terms.

7. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the service will be uninterrupted, error-free, or that emails will be delivered to every recipient (delivery depends on factors outside our control, including recipient mail servers and SMTP configuration).

8. Limitation of Liability

To the maximum extent permitted by Nigerian law, MergeMail's total liability to you for any claim arising out of or relating to these Terms or the service shall not exceed the amount you paid to MergeMail in the 12 months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

9. Termination

You may close your account at any time from the account settings page. Upon closure, your data will be deleted within 90 days, except where retention is required by law.

We may suspend or terminate your account immediately if you violate these Terms or the Acceptable Use Policy, with or without notice. Accounts terminated for abuse forfeit any remaining credits.

10. Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Lagos State, Nigeria.

11. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via dashboard notification at least 14 days before they take effect. Continued use of the service after that date constitutes acceptance of the updated Terms.

12. Contact

For questions about these Terms, contact us at legal@mergemail.app or via the contact form.