Terms of Service

1. Provider and scope

Mailactor is operated by devsub GmbH, c/o Quartier22, Bautzner Str. 22, 01099 Dresden, Germany, represented by Maurice Ihl ("Mailactor", "we", or "us").

The service is offered only to entrepreneurs, companies, and other organisations acting in the course of their commercial or independent professional activity. It is not offered to consumers. A person accepting an agreement for an organisation confirms that they are authorised to bind it.

Any individually agreed onboarding terms or order take precedence over these Terms. Product documentation and the acceptable-use rules form part of the agreed service to the extent referenced during onboarding.

2. The service

Mailactor provides API-first managed email inboxes that software agents and applications can use to send, receive, organise, and reply to email. Available features, sending limits, domains, retention settings, and support arrangements are those agreed during onboarding or documented for the customer's account.

Access is currently invite-only and provided as a private beta. We may improve or change beta functionality as the product develops. We will give reasonable notice where a material change is likely to substantially impair an agreed use, unless an urgent security, legal, or deliverability issue requires faster action.

3. Customer responsibilities

The customer is responsible for use of its organisation, inboxes, credentials, integrations, and configured webhook destinations. It must keep API keys and webhook secrets confidential, apply appropriate access controls, and promptly report suspected compromise.

The customer must provide accurate onboarding information and use only sender identities and domains it is authorised to use. It must ensure that its instructions, email content, recipient selection, and handling of replies comply with applicable law and do not infringe third-party rights.

4. Acceptable use

Mailactor may be used only for transactional or conversational email to recipients who reasonably expect the message and within assigned volume, rate, and warm-up limits. The customer must process replies, complaints, and opt-out signals appropriate to its use case.

The customer must not use Mailactor for purchased, rented, or scraped lists; unsolicited bulk marketing; phishing, credential theft, impersonation, or fraud; malware; harassment or unlawful content; privacy violations or excessive collection of personal data; evasion of complaints or opt-outs; circumvention of platform safeguards; or resale, account sharing, or third-party sending access without our written approval.

5. Customer data and data protection

The customer retains its rights in data and content submitted to the service. It grants us the limited rights necessary to operate, secure, and support the service and to follow its lawful instructions.

For personal data in customer-directed email workflows, the customer is normally the controller and devsub GmbH acts as processor. The parties must put an agreement meeting Article 28 GDPR in place before using the service for production processing of personal data. We act as an independent controller for limited business contact, security, abuse-prevention, and compliance processing described in our Privacy Notice.

6. Intellectual property

We and our licensors retain all rights in Mailactor, its software, documentation, branding, and improvements. Subject to the applicable agreement, we grant the customer a limited, non-exclusive, non-transferable right to use the service for its internal business purposes during the agreement term. This does not permit copying, reverse engineering, or making the service available to third parties except where mandatory law permits it or we agree otherwise in writing.

7. Fees

Fees, payment dates, taxes, and usage allowances apply only if agreed in an order or onboarding agreement. No payment obligation arises from visiting this website or sending an access enquiry.

8. Availability and beta operation

Unless an individual agreement states otherwise, no service level is guaranteed. Email delivery depends on recipient providers, DNS, networks, and other systems outside our control, so we do not promise delivery, inbox placement, or uninterrupted availability. We maintain the service with reasonable professional care and may perform maintenance or take proportionate measures needed to protect its security, integrity, and deliverability.

9. Suspension and termination

We may throttle or temporarily suspend affected access where reasonably necessary to investigate or contain abuse, a security or privacy risk, material non-payment, or a threat to deliverability. We will take the customer's legitimate interests into account and, where appropriate, provide notice and an opportunity to remedy the issue.

Unless an individual agreement sets a different term, either party may end private-beta access on reasonable notice. Either party may terminate immediately for good cause, including a material breach not cured within a reasonable period where cure is possible. On termination, access ends and customer data is deleted in accordance with the agreed retention settings, our deletion process, and any overriding legal obligations.

10. Liability

We are liable without limitation for intent and gross negligence; for injury to life, body, or health; under the German Product Liability Act; and where we have given a guarantee or fraudulently concealed a defect.

For slight negligence, we are liable only for breach of an essential contractual obligation whose performance makes proper execution of the agreement possible and on which the customer may ordinarily rely. In that case, liability is limited to the foreseeable damage typical for this kind of agreement. These limitations also apply for the benefit of our legal representatives and agents. Mandatory statutory liability remains unaffected.

11. Changes to these Terms

Changes apply to an existing agreement only where agreed with the customer or where the agreement provides a lawful change mechanism. We will communicate proposed material changes in text form with reasonable notice. An individual agreement may set a different process.

12. Governing law and venue

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the courts in Dresden have exclusive jurisdiction to the extent permitted by law. Mandatory places of jurisdiction remain unaffected.

13. Contact

Contact us at hello@mailactor.com. Further provider information is available in the Imprint.