1. Acceptance of Terms
By accessing or using the MailOdds commerce platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.
These Terms constitute a legally binding agreement between you ("User", "Merchant", "you", or "your") and MailOdds B.V. ("Company", "we", "our", or "us"), a company registered in Amsterdam, The Netherlands (KvK 99761246, VAT NL005409648B63).
If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Service Description
MailOdds is a global commerce platform with visitor intelligence built in. We operate across the European Union, the United States, and the Asia-Pacific region, and the Service is increasingly operable by software agents through standard protocols (such as MCP and OID4AC). The Service includes, depending on the plan and features you enable:
- Storefront: hosted catalog, checkout, product reviews, promotions, returns and refunds, and custom domains
- Payments: order and payout processing through our payment partner (Stripe), including Stripe Connect payouts to merchants
- Owned messaging: email campaigns and transactional email, plus SMS and RCS sending, from your own sending identities
- Visitor intelligence: cross-device identity resolution, intent classification, and heat/risk scoring used to power recommendations, attribution, and audience targeting
- Email validation: single and bulk verification of address validity and deliverability
- Deliverability: authentication (SPF/DKIM/DMARC) tooling, reputation monitoring, suppression management, and inbound handling of bounces, complaints, and replies
- Campaigns and automation: audience segmentation, multi-step flows, and reporting across channels
- APIs, SDKs, and agent interfaces: REST API, official SDKs, webhooks, and agent-operable endpoints
Not every capability is available on every plan or in every region, and some features depend on third-party integrations you choose to connect. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.
3. Account Registration
To use the Service, you must:
- Create an account with accurate and complete information
- Be at least 18 years old or the age of majority in your jurisdiction
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Usage, Quotas & Limits
Your use of the Service is subject to the rate limits and quotas associated with your subscription plan. These apply across the platform, not only to validation, and include (depending on the feature):
- Validation: monthly validation volume and per-second request limits, per plan
- Storefront and catalog: product, order, and sync-operation limits, and API rate limits for catalog and order endpoints
- Messaging: email, SMS, and RCS sending volumes and throughput, subject to channel-level fair-use and carrier or provider constraints
- Webhooks and events: event-delivery throughput and retry limits
Representative validation tiers: Free (50 validations/month, 10 req/s), Pro (25,000/month, 100 req/s), Business (100,000/month, 200 req/s), Enterprise (1,000,000/month, 500 req/s). Current limits for all features are shown on the pricing page and in your dashboard.
Hard Limits: When you reach a metered quota (for example, your monthly validation allowance), the corresponding API requests will return an HTTP 402 error and no additional charge is incurred for that request. Sending and commerce features may instead be subject to usage-based fees as described in Section 5. Upgrade your plan to raise your limits.
You agree to:
- Not exceed your plan's rate limits or quotas
- Not share your API keys or access credentials with unauthorized parties
- Not attempt to circumvent usage limits, metering, or security measures
- Keep your API keys and credentials confidential and secure
5. Payment & Commerce Fees
Paid subscriptions are billed in advance on a monthly or annual basis. By subscribing to a paid plan, you agree to:
- Pay all fees associated with your selected plan
- Provide accurate billing information
- Authorize us to charge your payment method
Commerce and usage-based fees. In addition to subscription fees, the Service may carry platform fees and usage-based charges, including storefront transaction or platform fees on orders processed through your store, and metered charges for messaging (email, SMS, RCS) and other consumption-based features. Applicable fees are disclosed on the pricing page and in your dashboard before you incur them.
Payment processing. Payments and merchant payouts are processed by our payment partner, Stripe (Stripe Payments Europe, Ltd. and its affiliates), as a separate payment service provider. Card payments are handled by Stripe under its own terms; we do not store full card numbers. Your use of payment and payout features is also subject to Stripe's Connected Account and services agreements, and you are responsible for keeping your connected payout account in good standing.
Refund Policy: We offer a 14-day money-back guarantee on subscription fees for first-time subscribers. After 14 days, subscription fees are non-refundable except as required by law. Usage-based and commerce fees already incurred (for example, messages sent or processing fees on completed orders) are non-refundable. You may cancel your subscription at any time; cancellation takes effect at the end of your current billing period. Refunds to your own end customers for store orders are governed by your storefront and returns policy, not this clause.
All prices are in Euros (EUR) unless otherwise stated. Prices exclude applicable VAT, which will be added where required.
6. Prohibited Uses
You may not use the Service to:
- Validate, message, or otherwise process contact details obtained without a proper lawful basis and, where required, prior consent (for example, a valid opt-in for marketing email, SMS, or RCS)
- Send spam or unsolicited communications, or send to recipients who have not given the consent required by applicable law (such as ePrivacy/the Telecommunicatiewet in the EU or the TCPA/CAN-SPAM in the US)
- Harvest or collect email addresses, phone numbers, or visitor data for malicious purposes
- Scrape, crawl, or bulk-extract catalog, pricing, review, or storefront content from MailOdds or from another merchant's storefront
- Abuse returns, refunds, chargebacks, or promotions, including coordinated refund fraud, friendly-fraud chargebacks, or promotion stacking against the intended terms
- Deploy bots or automation to evade fraud, rate, or abuse controls, including fake-order, fake-account, or fake-review generation
- Clone, impersonate, or mirror a MailOdds storefront, brand, or merchant, or pass off another merchant's store as your own
- Violate any applicable laws or regulations
- Interfere with or disrupt the Service or servers
- Attempt to gain unauthorized access to any systems or to another merchant's data
- Reverse engineer, decompile, or disassemble the Service
- Resell or redistribute the Service without authorization
You are responsible for ensuring you hold the consent and lawful basis required for the messages you send and the data you process through the Service; a lawful basis to process data does not by itself satisfy a separate consent requirement to send marketing messages. Violation of these prohibitions may result in immediate termination of your account without refund.
7. Availability & Regions
We operate the platform across multiple regions (the European Union, the United States, and the Asia-Pacific region) and aim for high availability, with planned maintenance communicated where practical. Any committed service levels (uptime targets, support response times, and remedies such as service credits) apply only where set out in a written service-level agreement (SLA) or an Enterprise order form; absent such an agreement, the Service is provided on the "as is" / "as available" basis described in Section 8.
Data location. Core platform data is hosted in the EU. To deliver region-specific commerce, sending, and intelligence, and to operate optional integrations you enable, data may be processed in the EU/EEA, the United States, or other regions. Where we transfer personal data outside the EEA, we rely on an appropriate transfer mechanism (for example, an EU adequacy decision, the EU-US Data Privacy Framework, or Standard Contractual Clauses). See Section 11 and our Privacy Policy for details.
8. Intellectual Property
The Service, including its software, design, logos, and documentation, is the exclusive property of MailOdds and is protected by intellectual property laws.
We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. This license does not include the right to:
- Modify or create derivative works of the Service
- Use our trademarks without written permission
- Copy or distribute any part of the Service
9. Disclaimers & Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
- The Service will be uninterrupted or error-free
- Validation results, intent or risk scores, or deliverability outcomes will be 100% accurate
- Messages will be delivered or accepted by every recipient mailbox, carrier, or network
- The Service will meet all your requirements
While we strive for high accuracy, email validation, visitor intelligence (including intent and risk scoring), and message deliverability are inherently probabilistic and depend on factors outside our control (for example, server and mailbox configurations, catch-all domains, carrier behaviour, and third-party integrations). Scores and predictions are decision-support signals, not guarantees, and you remain responsible for how you act on them.
10. Limitation of Liability
To the maximum extent permitted by applicable law, MailOdds shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to your use of the Service.
Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
These limitations apply regardless of the legal theory on which the claim is based and even if we have been advised of the possibility of such damages.
11. Termination
You may terminate your account at any time through your dashboard settings or by contacting us.
We may terminate or suspend your account immediately, without prior notice, if you:
- Violate these Terms
- Engage in fraudulent or illegal activity
- Fail to pay applicable fees
- Abuse the Service or our systems
Upon termination, your right to use the Service ceases immediately. We may retain your data as required by law or for legitimate business purposes.
12. Data Processing
MailOdds determines its role under the General Data Protection Regulation (EU 2016/679) per processing activity, not per company. Different parts of the Service have different roles.
Where we act as processor (verwerker). When we process personal data on your behalf and on your documented instructions, MailOdds acts as a data processor and you remain the controller (verwerkingsverantwoordelijke). This covers, for example, your storefront orders and customer records, returns and dispute evidence, contact and subscriber lists, email and SMS/RCS campaign delivery, inbound processing (bounces, complaints, replies), and email validation. You are responsible for having a lawful basis for the data you process and, where required, the consent needed to send marketing messages through those channels.
Where we act as controller (verwerkingsverantwoordelijke). For our own purposes, MailOdds is an independent controller. This includes account and billing data, product analytics and fraud or abuse prevention, support, and our visitor intelligence (cross-device identity resolution, intent classification, and heat/risk scoring), which is our own product capability rather than an activity we perform solely on your instruction. We process visitor intelligence on the basis of legitimate interest (Art. 6(1)(f)), subject to a documented balancing test and an opt-out, and we honour objections to direct marketing and requests for human review of automated scoring.
Payments. Our payment partner, Stripe, acts as an independent controller for cardholder data and maintains its own PCI DSS compliance; MailOdds does not store full card numbers.
Our Data Processing Agreement governs the processing we perform on your behalf and forms an integral part of these Terms. Our current list of sub-processors is available at /legal/sub-processors, and our Privacy Policy describes the data we process as a controller, the legal bases, retention, and international-transfer mechanisms.
13. Governing Law & Disputes
These Terms are governed by the laws of The Netherlands, without regard to conflict of law principles.
Any disputes arising from these Terms or the Service shall be resolved exclusively by the competent courts of Amsterdam, The Netherlands.
If you are a consumer residing in the European Union, you may also have rights under the laws of your country of residence, and you may address complaints to the European Online Dispute Resolution platform at https://ec.europa.eu/odr.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, for significant changes, by sending an email to your registered address.
Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.
15. Contact
If you have questions about these Terms, please contact us:
- Entity: MailOdds B.V. (KvK 99761246, VAT NL005409648B63)
- Email: legal@mailodds.com
- Address: Nassaukade 51-2, 1052CN Amsterdam, The Netherlands
For general support inquiries, please contact support@mailodds.com.