Terms Of Service

Terms of Use Mailwarm is a service provided by COMUSE SAS ("The Company" or "Mailwarm"). The Company may revise these terms of use for its service at any time without notice. By using this service you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

COMUSE SAS is registered at 57 avenue de Bretagne, France (registration number: 849350780). Our technical infrastructure is provided by Amazon Web Service.

  1. Use License Permission is granted to temporarily download one copy of the materials (information or software) on The Company's service for personal use only (whether it be in the context of an individual or an organization). This is the grant of a license, not a transfer of title, and under this license you may not:

Modify or copy the materials; Attempt to decompile or reverse engineer any software contained on The Company's service; Remove any copyright or other proprietary notations from the materials; or Transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Company at any time.

  1. Disclaimer The materials on Mailwarm service are provided “as is”. The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Mailwarm does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet service or otherwise relating to such materials or on any sites linked to this site.

  2. Limitations In no event shall The Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Mailwarm's service, even if Mailwarm or a Mailwarm authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  3. Revisions and Errata The materials appearing on Mailwarm's service could include technical or contents errors. The Company does not warrant that any of the materials on its service are accurate, complete, or current. Mailwarm may make changes to the materials contained on its service at any time without notice. Mailwarm does not, however, make any commitment to update the materials.

  4. Service Mailwarm generates positive actions ("Interactions") between the User email accounts and Mailwarm's email accounts. These Interactions are based on sending emails from the User's SMTP ("Simple Mail Transfer Protocol") to Mailwarm's emails accounts and sending replies to the User as well as operating positive actions on User's emails, such as: marking the User emails as important or getting them out of the spam folder.

Mailwarm service is designed to raise the IP reputation of Users email account.

Nonetheless, the User is responsible of the use of Mailwarm services, especially the amount of Interactions that Mailwarm will generate, which also includes pre-filled values on Mailwarm web interface.

Mailwarm couldn't be held responsible for technical damages, such as domain getting blacklisted, or excessive interactions leading to legal or technical damages.

  1. Billing Mailwarm is offering paid services. Starter, Growth and Scale are Mailwarm subscription plans. Subscription plans may be subject to fees related to the number of Interactions generated. Plans offer and fees conditions are detailed on this webpage : https://www.mailwarm.com/pricing.

Fees are post-paid every 7th of the month. All Fees are non-refundable, i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval.

A trial period might be activated with a coupon-code. After the trial, the subscription is then considered as active and fees are applied.

Mailwarm also offers yearly payments. Switching to yearly payments can be done from the subscription tab in the dashboard. Yearly payments are non-refundable once paid.

If fees are not paid in the following 14 days, Supplier has the right to permanently delete the Account, including all Client Data therein.

When subscribing to Mailwarm service, or adding a payment method, the user must ensure the email address provided for the Mailwarm account is valid, able to receive emails from us, and emails we will deliver to that email inbox are read by the user (eg. paid invoices or unpaid invoice notifications).

The Mailwarm service shall be used by legal entities only (businesses and non-profits). It should not be purchased by private individuals.

By adding a payment method to their Mailwarm account, the user consents to be charged for any active subscription, as well as paid subscriptions coming out of trial period. We will automatically attempt to pay any past and present unpaid invoices on the user account when a new payment method is added, using that new payment method. No fees will be incurred for free subscriptions or trial periods even if a card is registered on the user account.

  1. Cancellation User can delete their account anytime by asking for their account cancellation at contact@mailwarm.com. Identity confirmation might be required.

  2. Service Terms of Use Modifications The Company may revise these terms of use for its service at any time without notice. By using this service you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  3. Governing Law Any claim relating to Mailwarm's service shall be governed by the laws of France without regard to its conflict of law provisions.

By using Mailwarm, you commit to use the service in accordance with these principles. On its side, The Company undertakes to provide a reliable service and comprehensive communication.

Privacy Policy Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

User data is safely stored in Europe. Mailwarm infrastructure is hosted in Ireland. User data is stored in our core infrastructure.

  1. Respect of Privacy Here's what we do to protect user privacy:

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information.

  1. GDPR Policy Mailwarm strictly implements the GDPR regulation, that aims at protecting user data and providing a right to modify and delete such data, as well as to consent to data collection.

Types of Personal Information collected : Name and email address : We collect your first and last name, email address, postal address, phone number and other similar data. Billing address: We collect your billing address and other informations related to your company in order to edit invoices. SMTP logins : We collect SMTP username, password, host, port and protocol to access your SMTP and be able to send emails. Mailwarm only sends email to its own email accounts. Payment information : We collect data necessary to process your payment such as your credit card, and the security code associated to it. These informations are encrypted and handled by our payment service provider : Stripe (www.stripe.com). Usage of products and services: We collect data about your activity on Mailwarm thanks to cookies in order to improve Mailwarm product. Device and browser information : We collect your device and browser information to help debugging and the product development.

Individual rights : Right to be informed: we clearly inform our Users about the use that will be made of their data Right of access: our users can access all their data, without restriction, from Mailwarm service Right of rectification: it's as simple as contacting us, we'll process all your rectification queries Right of erasure: it's as simple as contacting us, we'll process all your erasure queries Right to data portability: our users may contact us, anytime if they wish to get an export of their data Right to object: we handle all requests on this matter from our users

  1. Password privacy The User is responsible to keep his login and password secret, and store them in a safe place.

  2. Connexion privacy Operations between your computer and our servers are authenticated and encrypted thanks to SSL connection.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.