AI Policy

1. Current Status: AI Not Active

2. Introduction & Policy Purpose

2.1 Purpose. This AI Policy ("AI Policy") sets out Mailxify's principles, commitments, and rules governing the use of artificial intelligence and machine learning technologies within the Mailxify platform. It is published in advance of AI feature activation to:

• Provide Users with advance transparency about how AI features will work and what data they will process;
• Establish Mailxify's binding product policy commitments regarding AI data use;
• Define Users' responsibilities when using AI-assisted features; and
• Describe the limitations and risks inherent in AI-generated content, particularly in the context of email marketing and outreach.

2.2 Scope. This AI Policy applies to all AI and machine learning features that may be introduced into the Mailxify Service. It does not apply to: (a) non-AI automated processes within the Service (such as Personalization Variable substitution, which is deterministic and rule-based, not AI); or (b) third-party AI tools that Users independently use outside the Service and whose outputs they paste into Campaign templates (for which the User is wholly responsible).

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

2.4 Regulatory Context. AI-related regulations are evolving globally. In India, the Ministry of Electronics and Information Technology (MeitY) and the Telecom Regulatory Authority of India (TRAI) have published advisories and are developing frameworks relating to AI use. The Digital Personal Data Protection Act, 2023 applies to the processing of personal data by AI systems to the same extent as to any other processing. Mailxify will monitor and comply with applicable AI-related regulatory developments.

3. Intended AI Features (Future)

3.1 Mailxify intends to introduce the following optional AI-assisted features in future versions of the Service. These features are not currently available and their introduction will be communicated to Users in advance:

• AI Campaign Writer: An optional AI-powered tool that generates Campaign email drafts based on a brief description of your outreach goal, your product/service, and your target audience. The AI will generate a suggested subject line and email body as a starting point for editing.
• AI Message Rewriter: An optional tool that suggests improvements to an existing Campaign draft, including suggestions for clarity, tone, brevity, or persuasiveness.
• AI Subject Line Suggestions: An optional tool that suggests alternative subject lines for a Campaign based on the email body content.
• AI Personalization Enhancement (Future, Conditional): The potential future ability to generate dynamic, personalized content that varies between Recipients based on their Contact field data. This feature would require explicit, informed User consent before any Recipient personal data is used in AI prompts, given the more direct involvement of third-party personal data.
• AI Follow-Up Generation (Future, Conditional): AI-suggested follow-up email text based on the initial Campaign and configurable outcome scenarios (e.g., no reply scenario). Subject to the same consent framework as AI Personalization Enhancement.

3.2 Optional Nature. All AI features will be opt-in for individual Campaign use. No AI processing will occur unless a User explicitly activates the relevant AI feature for a specific Campaign or draft. The Service will remain fully functional without using any AI features.

4. How AI Processing Would Work

4.1 Technical Architecture (Intended). When an AI feature is activated by a User:

• The User's input (the "prompt") — which may consist of a brief description, the current email draft, or a segment of Campaign content — will be transmitted from Mailxify's server to a third-party AI language model provider's API;
• The AI provider's model will process the input and return a generated output (the "completion") to Mailxify's server;
• Mailxify's server will display the completion to the User in the Campaign editor for review and editing before any transmission to Recipients;
• The AI output is presented as a suggestion only. No AI-generated content will be transmitted to any Recipient without the User's explicit review and authorization.

4.2 User Review is Mandatory. The AI-generate-and-review workflow is non-negotiable. Mailxify's intended AI architecture does not support "auto-send" of AI-generated content. The User must explicitly approve and optionally edit the AI-generated content before it is included in any Campaign Message.

4.3 AI Provider. Mailxify has not yet selected an AI language model provider. The provider(s) selected will be disclosed in an updated version of this Policy and the Subprocessors list before any AI feature is activated. Provider selection will be conditioned on meeting the data protection requirements described in Sections 5 and 6.

5. Data Use & AI Provider Selection

5.1 Input Data Categories. Depending on the specific AI feature used, the following types of data may be transmitted to an AI provider's API:

• AI Campaign Writer, Rewriter, Subject Line Suggestions: The Campaign draft text, subject line, a brief description provided by the User, and general context (e.g., the type of product/service being promoted). No Recipient personal data is involved in these features.
• AI Personalization Enhancement (Future, Conditional): May involve limited Recipient personal data (e.g., first name, company name, job title from Contact fields) if the User explicitly activates this feature and consents to the use of Recipient data in AI prompts. Before this feature is activated, Mailxify will: (a) obtain specific User consent; (b) provide updated Privacy Policy disclosure; and (c) ensure the AI provider agreement includes appropriate protections for Recipient personal data.

5.2 Data Minimisation in AI Prompts. Mailxify will design AI features to transmit the minimum amount of data to the AI provider necessary to produce a useful output. Full Recipient contact records will not be included in AI prompts where a summary or anonymized version is sufficient.

5.3 Provider Selection Criteria. AI provider(s) will be selected based on, inter alia:

• The provider's contractual commitment to not use customer data to train, fine-tune, or otherwise improve their foundational AI models (a mandatory requirement — see Section 6);
• The provider's data residency options and their ability to process data in a region consistent with applicable data transfer requirements;
• The provider's security posture and the existence of appropriate data processing agreements;
• The provider's published privacy policy and API data retention practices;
• The provider's compliance with applicable AI regulatory guidance (including any MeitY advisories and DPDPA requirements).

5.4 No Sale of AI Input/Output Data. Mailxify does not sell, license, or otherwise commercialize data transmitted to or received from AI providers to or for any third party.

6. No Training Commitment

6.1 Binding Commitment. Mailxify makes a binding product policy commitment that User Content and Recipient personal data submitted to AI features within the Mailxify platform will not be used to train, fine-tune, improve, or evaluate any foundational AI model or machine learning system, whether operated by Mailxify or by any AI provider.

6.2 Provider Contractual Requirement. This commitment will be given practical effect through Mailxify's agreements with AI providers. Specifically:

• Mailxify will only engage AI providers that contractually prohibit the use of API input data for model training purposes;
• The prohibition on training will be a condition precedent to provider engagement — Mailxify will not engage any AI provider that does not make this commitment; and
• Where an AI provider modifies its data use policy in a manner that conflicts with this commitment, Mailxify will: (a) notify Users of the change; (b) provide Users with the opportunity to disable AI features before the change takes effect; and (c) if the provider cannot be required to maintain the no-training commitment, seek an alternative provider.

6.3 Scope of Commitment. This no-training commitment applies to:

• Campaign draft text submitted to AI features;
• User-provided prompts and context descriptions;
• Recipient personal data included in AI prompts (where this feature is activated); and
• AI-generated completions returned by the provider.

It does not affect the use of genuinely anonymized or aggregated data for purposes such as system performance monitoring or reliability assessment, provided such data cannot be reasonably re-identified.

7. User Responsibility & Content

7.1 User Review Obligation. You are responsible for reviewing all AI-generated content before including it in any Campaign Message. You must not rely solely on AI-generated content without exercising your own editorial judgment. In particular, you must verify:

• The factual accuracy of any claims made in AI-generated text about your product, service, company, or the Recipient's situation;
• The appropriateness of the tone, language, and claims for your specific audience;
• That the AI-generated text does not contain false, misleading, defamatory, or otherwise prohibited content;
• That the AI-generated text complies with the Acceptable Use Policy, Anti-Spam Policy, and Terms of Service; and
• That any personalization generated by AI is correctly targeted and would not embarrass or harm the Recipient if delivered.

7.2 Responsibility for Transmitted Content. You, as the User, are solely responsible for the content of every Message transmitted through the Service, including content that was initially generated by an AI feature. The fact that content was generated by AI does not reduce, transfer, or excuse your legal or contractual responsibility for that content.

7.3 No Mailxify Liability for AI Output Content. Mailxify is not responsible for the accuracy, truthfulness, appropriateness, or legal compliance of AI-generated content, nor for any loss, harm, or legal liability arising from your use of AI-generated Campaign content.

8. Prohibited AI Inputs

8.1 The following categories of content must not be entered into any AI feature prompt or input field:

• Special category personal data: Health information, financial account details, biometric data, political or religious beliefs, sexual orientation data, or any other sensitive personal data category as defined under the Digital Personal Data Protection Act, 2023 or the IT (SPDI) Rules, 2011;
• Passwords or security credentials: Never enter Account passwords, API keys, OAuth tokens, or any authentication credentials into an AI input;
• Third-party confidential information: Confidential business information of third parties (e.g., client trade secrets) that you are not authorized to process through a third-party AI provider;
• Minors' personal data: Any personal data of individuals under 18 years of age;
• Government-issued identification numbers: Aadhaar numbers, PAN numbers, passport numbers, or any other national identification numbers of any person;
• Payment card or banking data: Credit/debit card numbers, bank account numbers, IFSC codes, or any financial credential; or
• Legally privileged content: Communications or documents subject to legal professional privilege or similar confidentiality protections.

8.2 Entry of prohibited content into an AI feature is a violation of this AI Policy and may constitute a breach of applicable data protection law. Mailxify is not liable for consequences arising from your entry of prohibited content into an AI feature.

9. AI Accuracy & No Guarantee

9.1 AI Hallucination Risk. Large language models are known to generate plausible-sounding but factually incorrect, misleading, or fabricated content — a phenomenon known as "hallucination". AI-generated Campaign content may contain:

• Factual errors about your product, company, or the Recipient's situation;
• Fabricated statistics, studies, endorsements, or quotes;
• Incorrect personalization that attributes characteristics or statements to a Recipient that are inaccurate;
• Legal claims or product claims that are unsupported, exaggerated, or non-compliant with applicable advertising standards; or
• Inappropriate tone or content for your specific audience or context.

9.2 No Accuracy Warranty. Mailxify provides NO warranty, representation, or guarantee that AI-generated content is accurate, complete, appropriate, or fit for any particular purpose. Mailxify expressly disclaims all liability for the accuracy of AI-generated content and for any consequences of relying on unreviewed AI-generated content.

9.3 Mandatory Factual Verification. Before including AI-generated factual claims, statistics, or endorsements in a Campaign Message, you must independently verify those claims from primary sources. Transmitting Campaign Messages containing false or misleading factual claims may violate the Consumer Protection Act, 2019, applicable advertising standards, and/or the Mailxify Acceptable Use Policy.

10. AI Input & Output Retention

10.1 Mailxify does not currently retain AI prompts or AI-generated outputs beyond the duration of a user's active browser session. AI-generated content that a User selects and saves into a Campaign draft is retained as part of that Campaign draft (subject to Campaign data retention rules), not as a separate AI-generated artifact.

10.2 AI providers will typically have their own data retention practices, which govern how long prompt data and output data are retained on their servers before deletion. Mailxify will select providers with short data retention windows (24 hours or less for API data) and will disclose the specific retention window of the selected provider in an updated version of this Policy and the Privacy Policy before any AI feature is activated.

10.3 AI input and output data will not be retained by Mailxify or by any AI provider for longer than necessary for the purpose of generating the relevant output, subject to any applicable legal retention obligations.

11. Intellectual Property & AI Outputs

11.1 Ownership of AI Output. The legal status of AI-generated content under intellectual property law is evolving and varies by jurisdiction. Under Indian copyright law (Copyright Act, 1957), copyright protection generally requires a human author. AI-generated content may or may not be independently protectable by copyright.

11.2 Mailxify's Position. To the extent that any intellectual property rights subsist in AI-generated content produced through Mailxify's AI features: (a) Mailxify does not assert ownership over AI-generated content produced using your inputs; and (b) you should not assume that AI-generated content is free from third-party IP claims — AI models trained on third-party copyrighted content may, in some cases, generate outputs that incorporate elements of training data.

11.3 User's Responsibility. You are responsible for reviewing AI-generated content for potential third-party intellectual property issues before transmitting it in a Campaign. Mailxify accepts no liability for third-party IP claims arising from AI-generated content included in your Campaigns.

12. AI Abuse & Suspension

12.1 Mailxify may suspend or restrict access to AI features in the following circumstances:

• Use of AI features to generate Spam, phishing content, malware distribution content, or any other content prohibited by the Acceptable Use Policy;
• Intentional entry of prohibited inputs (including personal data of third parties) into AI prompts;
• Attempts to use AI features to generate deceptive, fraudulent, or defamatory content;
• Attempts to "jailbreak" the AI model or elicit outputs that violate the AI provider's own usage policies;
• Use of AI features at a volume or frequency that constitutes abuse of the AI API;
• Any violation of this AI Policy, the Acceptable Use Policy, or the Terms of Service in connection with AI feature use.

12.2 AI feature abuse may also constitute a violation of the Acceptable Use Policy and may result in Account suspension or termination as described in that Policy and the Terms of Service.

13. Policy Updates on AI Activation

13.1 Before any AI feature is activated in the Service, Mailxify will:

• Provide registered Users with advance notice of at least fourteen (14) days;
• Publish an updated version of this AI Policy disclosing the specific AI provider(s), the data processed, the applicable retention periods, and any other material details;
• Update the Privacy Policy to reflect AI processing activities;
• Update the Subprocessors list to include the AI provider(s); and
• Where required by Applicable Law, obtain fresh User consent for any AI processing that involves personal data.

13.2 Users who do not wish to use AI features may continue using the Service without those features. AI features will be optional.

14. General Provisions

14.1 Amendments. Mailxify may amend this AI Policy at any time. Material amendments, including any amendments related to the activation of AI features, will be communicated to registered Users with advance notice in accordance with Section 13.

14.2 Governing Law. This AI Policy is governed by the laws of India. All disputes arising out of or in connection with this Policy are subject to the dispute resolution provisions of the Terms of Service.

14.3 Interaction with Other Policies. This AI Policy supplements and does not replace the Terms of Service, Acceptable Use Policy, or Privacy Policy. Users must comply with all applicable policies when using any AI feature. In the event of any conflict, the Terms of Service shall prevail.