Acceptable Use Policy

1. Introduction & Purpose

1.1 This Acceptable Use Policy ("AUP") sets out the rules and standards governing all use of the Mailxify platform and services. It applies to every User, regardless of account type, plan, or geographic location.

1.2 This AUP is incorporated into and forms part of the Mailxify Terms of Service. Capitalized terms used in this AUP and not defined herein have the meanings given to them in the Terms of Service. In the event of any conflict between this AUP and the Terms of Service, the Terms of Service shall prevail.

1.3 Purpose. The purposes of this AUP are to:

• Protect Recipients from unsolicited, deceptive, harmful, or unlawful communications;
• Protect the integrity and reputation of email infrastructure shared by all users of the Service;
• Ensure Mailxify's compliance with applicable anti-spam, consumer protection, and data protection law;
• Prevent misuse of the Service for fraudulent, abusive, or unlawful purposes; and
• Maintain Mailxify as a platform exclusively for legitimate, consent-based outreach.

1.4 By using the Service, you agree to be bound by this AUP and to ensure that any Member of your Workspace also complies with it. The Workspace Owner is responsible for the compliance of all Members within their Workspace.

2. Key Definitions

For the purposes of this AUP:

• "Bulk Sending" means the transmission of Messages to a large number of Recipients in an automated or semi-automated manner, typically without individualized, one-to-one interaction.
• "Cold Outreach" means unsolicited commercial communication sent to Recipients who have no prior direct relationship with the sender in respect of the subject matter of the communication. Cold outreach is permissible under this AUP only where a specific lawful basis exists under applicable law, and only where the content is professional, honest, and contains a functional unsubscribe mechanism.
• "Consent" means verifiable, specific, informed, and freely given agreement by a Recipient to receive commercial communications from you on the relevant subject matter. Consent must be obtained before uploading a Recipient's data into the Service for the purpose of Campaign sending.
• "Hard Bounce" means a permanent delivery failure resulting from a non-existent, deactivated, or blocked email address.
• "Soft Bounce" means a temporary delivery failure resulting from conditions such as a full inbox, a temporarily unavailable server, or a message size limit.
• "Spam" means any unsolicited bulk electronic commercial communication, regardless of volume, frequency, or content, sent without a valid legal basis, or in violation of applicable anti-spam law, this AUP, or the Mailxify Anti-Spam Policy.
• "Suppression List" means a Workspace-maintained record of email addresses to which further Campaign Messages must not be sent, including addresses where the Recipient has unsubscribed, complained, or otherwise requested cessation of communications.

3. Permitted Use

3.1 Mailxify is designed for legitimate, professional B2B outreach and sales engagement. The following uses are consistent with this AUP, subject to all other conditions:

• Sending personalized, professional outreach messages to identified business decision-makers or prospects where you have a genuine professional interest in contacting them and where a lawful basis for doing so exists;
• Following up with existing clients, partners, or contacts in respect of a prior business relationship;
• Sending Campaign sequences to individuals who have explicitly opted in to receive communications from you;
• Outreach in connection with your own legitimate business products, services, or professional activities.

3.2 Even for permitted uses, the following minimum requirements must be met for every Campaign:

• Every Message must include an accurate "From" sender name and email address;
• Every Message must include a functional unsubscribe mechanism;
• Every Message must have an honest, non-deceptive subject line;
• Your Suppression List must be actively maintained; and
• You must honor opt-out requests within twenty-four (24) hours of receipt.

4. Spam & Unsolicited Messaging — Absolute Prohibition

4.1 The transmission of Spam through the Service is strictly and absolutely prohibited. The prohibition on Spam is non-negotiable and not subject to any exception based on volume, content, industry, or claimed business purpose.

4.2 What constitutes Spam for this purpose:

• Any bulk commercial communication sent without the specific, verifiable prior consent of each Recipient;
• Any commercial communication to a Recipient who has already unsubscribed or requested cessation of contact from you;
• Any communication to addresses harvested from websites, social media, public directories, or databases without specific consent for marketing contact;
• Any communication to a purchased, rented, or otherwise third-party-provided list of email addresses;
• Any communication that uses misleading subject lines to induce opening (regardless of subsequent content);
• Any message that disguises its commercial nature;
• Any message that violates applicable anti-spam laws in the Recipient's jurisdiction.

4.3 "Opt-out" basis is insufficient. Under Indian law and under this AUP, transmitting a commercial communication and relying on the Recipient's failure to opt-out as evidence of consent is not a lawful basis for sending. You must have affirmative, prior consent or another recognized lawful basis for each communication.

4.4 Volume does not determine Spam status. A single unsolicited commercial message can constitute Spam for the purposes of this AUP. Spam is defined by the absence of lawful basis, not by volume.

5. Recipient List Standards

5.1 Lawful Sourcing Required. Every Recipient in your Contact list must have been sourced through a lawful and ethical means. The following sources are absolutely prohibited:

• Purchased Lists: Email lists acquired from third-party data vendors, whether described as "opt-in", "GDPR-compliant", "verified", or any other characterization. Third-party opt-in does not constitute consent for your specific communications.
• Rented or Leased Lists: Lists borrowed, rented, or accessed from third parties on a temporary basis.
• Scraped Data: Email addresses extracted from websites, social media profiles (including LinkedIn, Facebook, Twitter, or any professional network), public directories, forum posts, or any online source, without the individual's specific consent to commercial email from you.
• Harvested Data: Email addresses collected through automated scraping tools, email harvesting software, or bot-based collection regardless of source.
• Appended Data: Email addresses appended to your customer database from a third-party data enrichment service without the specific consent of the added individuals.
• Shared or Co-registered Lists: Lists generated through list co-registration arrangements where a Recipient's consent was to receive communications from an unnamed third party or a broad category of senders.

5.2 Permitted Sourcing. The following sourcing approaches are consistent with this AUP:

• Contacts who have explicitly subscribed to receive communications from you via a form, event registration, or direct request;
• Existing clients or customers with whom you have a current or recent business relationship in respect of the subject matter of the communication;
• Individuals who have provided their business contact details in a professional context (e.g., a business card, LinkedIn connection, or a conference) where there is a genuine professional interest alignment, subject to applicable law.

5.3 List Hygiene. You are required to maintain clean, current Contact lists. Specifically:

• You must promptly remove hard-bounced addresses from future sending;
• You must promptly add to your Suppression List any address that generates an unsubscribe request or spam complaint;
• You must not attempt to validate email addresses by sending bulk "test" messages to large numbers of unverified addresses;
• High bounce rates (above 5%) or high complaint rates (above 0.30%) may trigger an account review and suspension of sending access pending investigation.

5.4 Re-Engagement. You may not re-add to active sending lists an address that has been placed on your Suppression List, unless the Recipient has affirmatively and specifically re-consented to receive further communications from you after the suppression event.

6. Prohibited Message Content

6.1 You shall not use the Service to transmit Messages that contain, promote, link to, or otherwise involve:

• Malicious Code: Viruses, worms, Trojan horses, ransomware, spyware, adware, rootkits, keyloggers, or any other malicious software or code designed to damage, disrupt, access, or monitor computer systems without authorization;
• Phishing: Content designed to deceive Recipients into disclosing passwords, payment credentials, personal identification numbers, bank account details, government identification numbers, or other sensitive credentials by falsely impersonating a trusted entity;
• Fraudulent Schemes: Advance fee fraud (e.g., "419" or "Nigerian Prince" schemes), lottery or prize scams, investment fraud, Ponzi schemes, or any other financial fraud;
• Counterfeit Goods: Promotion or sale of counterfeit, fake, or infringing goods or services;
• Illegal Products or Services: Promotion, sale, or facilitation of any product or service that is illegal in the Recipient's jurisdiction;
• Harassment: Content that is threatening, menacing, abusive, harassing, stalking, or designed to intimidate or distress any individual;
• Hate Speech: Content that promotes, glorifies, or incites discrimination, violence, or hostility against any person or group based on race, religion, ethnicity, nationality, gender, sexual orientation, disability, or any other protected characteristic;
• Defamatory Content: Untrue statements of fact that damage the reputation of an identifiable living person or existing organization;
• Sexually Explicit Content: Explicit adult or pornographic content sent to Recipients without verifiable age verification and specific consent;
• Content Harmful to Minors: Any content that exploits, endangers, or harms minors; or
• Misinformation in Health/Safety Contexts: False or misleading medical, health, or safety claims that could endanger Recipients or the public.

7. Sender Identity & Accuracy

7.1 You must not use the Service to:

• Forge, spoof, or misrepresent the "From" sender name or email address in any Message;
• Impersonate any individual, company, brand, government body, or other entity in your sender identity;
• Use a "From" address from a domain you do not own or are not authorized to send from;
• Use misleading or deceptive subject lines designed to falsely suggest the Message is a personal reply, a package notification, an account notice, or any other type of message other than what it actually is;
• Use misleading preview text or snippet content that contradicts the actual content of the Message;
• Make false or unsubstantiated claims about your product's features, performance, certifications, or legal compliance status in Campaign Messages; or
• Misrepresent your relationship with the Recipient (e.g., falsely claiming a prior introduction or referral).

7.2 Messages transmitted through the Service will be sent using your own Gmail or Google Workspace sending identity (when Gmail Integration is active). The "From" name associated with your Messages must be your actual name, the name of your business, or a name genuinely associated with you that Recipients would recognize as legitimate. Generic or deceptive sender names (e.g., "Support Team", "No Reply") are discouraged and, where deceptive, prohibited.

8. Technical Abuse & System Integrity

8.1 You shall not engage in any of the following technical abuse activities:

• Unauthorized Access: Attempting to access the Service, other Users' Accounts, the database, underlying infrastructure, or any connected Third-Party Service without authorization;
• Credential Attacks: Using automated credential-stuffing, brute-force, or password-spraying attacks against the Service or any other system accessible through the Service;
• DoS/DDoS Attacks: Sending unusually high volumes of requests to the Service or to any email server in a manner that constitutes a denial of service attack;
• Rate Limit Circumvention: Attempting to bypass, route around, or defeat the sending rate limits, daily sending caps, or other technical controls imposed by Mailxify or by the integrated Gmail/Google Workspace provider;
• Suppression Bypass: Attempting to bypass, circumvent, or defeat the Suppression List enforcement mechanism, including by re-uploading suppressed addresses under different field names, email aliases, or modified formats;
• Account Farming: Creating multiple Accounts or Workspaces for the purpose of exceeding free-tier limits, circumventing sending caps, or evading enforcement actions taken on other Accounts;
• Automated Abuse: Using bots, scripts, or automated tools to interact with the Service in a manner not authorized by the Service's documented API and UI;
• Reverse Engineering: Attempting to decompile, reverse engineer, disassemble, or extract source code from the Service;
• Web Scraping: Using automated tools to scrape, extract, or harvest any data from the Service, including other Users' data or platform metadata; or
• Provider Limit Circumvention: Attempting to exceed the daily sending volume limits set by Google for Gmail/Workspace accounts by creating multiple connected accounts, by rotating between accounts, or by any other method designed to artificially inflate available sending capacity.

9. Intellectual Property Violations

9.1 You shall not use the Service to transmit or promote content that:

• Infringes the copyright, trade mark, patent, design right, or any other Intellectual Property Right of any third party;
• Uses third-party trade marks, brand names, or logos in a manner that is unauthorized by the rights holder and that is likely to cause confusion;
• Reproduces or distributes copyrighted works (e.g., publications, music, software, artwork) without authorization from the rights holder or reliance on a lawful exception; or
• Uses Mailxify's own brand, trade marks, or copyrighted materials in an unauthorized manner, including misrepresenting your product as affiliated with, endorsed by, or part of Mailxify.

9.2 If Mailxify receives a credible copyright infringement notice (including a claim under the Copyright Act, 1957 or analogous legislation) relating to content you have transmitted through the Service, Mailxify may: (a) notify you of the claim; (b) suspend the relevant Campaign pending your response; and (c) if the claim is substantiated or uncontested, permanently remove the offending content and take appropriate enforcement action.

10. Privacy & Data Protection Violations

10.1 You shall not use the Service to process the personal data of Recipients in a manner that violates applicable data protection law. This includes but is not limited to:

• Processing special categories of personal data (e.g., health, financial, political, religious, biometric data) of Recipients without explicit, specific consent and a clear lawful basis;
• Uploading Contact data obtained through unlawful means, including data purchased from brokers without evidence of each individual's specific consent;
• Processing the personal data of minors (persons under 18 years of age) without appropriate parental consent, where required by applicable law;
• Transmitting personal data of Recipients to jurisdictions subject to sanctions or embargo restrictions;
• Using the Service to collect personal data from Recipients without providing them with appropriate privacy notice; or
• Re-using or re-processing Recipient data for purposes that are incompatible with the original purpose of collection and for which no new lawful basis exists.

11. Unlawful & Harmful Content

11.1 You shall not use the Service in connection with any activity that is unlawful under Applicable Law or the laws applicable to your Recipients' jurisdictions. Without limiting the generality of the foregoing, the following activities are expressly prohibited:

• Transmitting communications that constitute an offence under the Indian Penal Code, 1860 or the Bharatiya Nyaya Sanhita, 2023, including offences of cheating, extortion, defamation, obscenity, or threats;
• Transmitting communications that violate the Information Technology Act, 2000, including transmitting obscene content, content harmful to national security, or unauthorized access to systems;
• Transmitting communications that violate the Consumer Protection Act, 2019, including unfair trade practices or misleading advertisements;
• Facilitating, promoting, or engaging in human trafficking, forced labour, or any other crime against persons;
• Promoting or facilitating gambling, lotteries, or prize schemes that are prohibited by applicable law;
• Transmitting communications that constitute terrorism financing, or that promote, glorify, or recruit for terrorist activity, extremist ideology, or violent separatism;
• Circumventing export controls or sanctions by transmitting to embargoed jurisdictions or sanctioned parties; or
• Any other use that is prohibited by Applicable Law.

12. Investigation, Enforcement & Appeals

12.1 Monitoring. Mailxify may monitor usage patterns, bounce rates, complaint rates, and other signals to detect potential violations of this AUP. Mailxify does not routinely review the content of individual Messages; however, in the context of a specific abuse complaint or investigation, Mailxify reserves the right to review Campaign templates and Message content.

12.2 Complaint Handling. When Mailxify receives a credible complaint or identifies a pattern of concern, Mailxify will:

• Initiate an internal investigation;
• Where appropriate, suspend the relevant Campaign or the Account's sending access pending investigation;
• Notify the Account holder of the investigation and request a response within a specified timeframe (typically 48–72 hours); and
• Make a determination based on the available evidence.

12.3 Evidence Requests. As part of an investigation, Mailxify may require you to provide: (a) evidence of your lawful basis for contacting specific Recipients; (b) documentation of your consent collection process; (c) the specific source of the Contact data used in the Campaign; or (d) any other information relevant to the investigation. Failure to respond to an evidence request within 48 hours will be treated as non-cooperation and may result in enforcement action.

12.4 Graduated Enforcement. Depending on the nature and severity of a violation, Mailxify may apply graduated enforcement measures, including:

• Warning: Written notice identifying the concern and required corrective action, with a specified remediation deadline;
• Campaign Throttling: Temporary reduction of sending volume limits pending remediation;
• Temporary Suspension: Suspension of Campaign sending access for a defined period while investigation is completed;
• Permanent Suspension: Indefinite suspension of sending access pending resolution of serious violations;
• Account Termination: Permanent closure of the Account and all associated Workspaces; or
• Legal Referral: Where violations may constitute criminal offences under Applicable Law, Mailxify reserves the right to refer the matter to appropriate law enforcement or regulatory authorities.

12.5 Appeals. If your Account is suspended or terminated under this AUP and you believe the action was taken in error, you may appeal the decision by contacting support.mailxify@gmail.com within fourteen (14) days of the suspension or termination notice, providing your grounds for appeal and any supporting evidence. Mailxify will review the appeal and provide a written determination within fourteen (14) days of receiving a complete appeal submission. Mailxify's determination on an appeal is final.

12.6 Immediate Enforcement. Where a violation involves Spam, fraud, phishing, malware, child safety, or any activity that presents an immediate and serious risk to Recipients, other Users, or the Service's infrastructure, Mailxify may take immediate enforcement action (including Account termination) without prior warning or opportunity to appeal.

13. Consequences of Violation

13.1 Violation of this AUP may result in any or all of the following, at Mailxify's sole discretion:

• Suspension or permanent termination of your Account and all associated Workspaces;
• Forfeiture of any prepaid Subscription Fees without refund (to the extent permitted by Applicable Law);
• Reporting of your activities to relevant regulatory authorities, law enforcement agencies, or affected third-party platforms (including Google);
• Civil claims by Mailxify for damages resulting from your violation, including costs of investigation, remediation, and reputational harm to Mailxify's sending infrastructure; and
• Preservation and disclosure of evidence of your violation to competent authorities pursuant to a lawful order.

13.2 Mailxify's exercise of any enforcement right under this AUP is without prejudice to any other right or remedy available to Mailxify at law or in equity. Enforcement rights are cumulative.

14. Reporting Abuse

14.1 If you have received an email sent through the Mailxify platform that you believe violates this AUP, or if you are aware of any Account on the Service engaging in abusive practices, please report it via our Abuse Report form at /abuse. Please include as much detail as possible, including the full email headers if you are reporting a suspected spam or phishing message.

14.2 Mailxify will review all credible abuse reports and take appropriate enforcement action. Mailxify will acknowledge receipt of your report but may not be able to disclose the outcome of an investigation due to confidentiality obligations.

15. General Provisions

15.1 Amendments. Mailxify may amend this AUP at any time. Material amendments will be communicated to registered Users with reasonable prior notice. Your continued use of the Service after an amendment takes effect constitutes acceptance of the amended AUP.

15.2 Governing Law. This AUP is governed by the laws of India. Any dispute arising out of or in connection with this AUP shall be subject to the dispute resolution provisions of the Terms of Service.

15.3 No Waiver. Mailxify's failure to enforce any provision of this AUP in any specific instance shall not constitute a waiver of its right to enforce that provision or any other provision in any future instance.

15.4 Interaction with Terms. This AUP supplements and does not replace the Terms of Service. In the event of any inconsistency, the Terms of Service shall prevail.