Terms of Service

1. Acceptance of Terms

By accessing or using MixMailer ("Service"), operated by MixMailer, LLC ("MixMailer," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

2. Description of Service

MixMailer is a platform that helps YouTube creators monetize their channels through automated newsletters, lead magnets, paid digital products, revenue attribution tracking, and content intelligence tools. The Service includes the websites at mixmailer.com and mixmailer.app, and all associated features, tools, and communications.

3. Eligibility

You must be at least 18 years old to use the Service. By using MixMailer, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Notify us immediately of any unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

5. YouTube API Services

The Service uses YouTube API Services to access your channel and video data.

6. Subscriptions and Payments

Pricing

MixMailer offers usage-based subscription plans priced according to your email subscriber count. Current pricing is available at mixmailer.com/pricing. We reserve the right to change pricing with 30 days' notice to existing subscribers.

Founding Creator Program

The Founding Creator program is a limited offering with its own pricing structure and included benefits as described on the Founding Creator sales page. Founding Creator terms, including the duration of included access, are specified at the time of purchase.

Billing

Subscription fees are billed monthly through Stripe. Payment is due at the beginning of each billing cycle. For Founding Creator payment plans, installments are billed on a recurring monthly schedule as agreed at checkout.

Failed Payments

If a payment fails, we will attempt to process the charge according to Stripe's retry schedule. If payment is not successfully collected after multiple attempts, we may suspend your account until payment is received. During suspension, newsletters will not be sent, tracking links will not redirect, and subscriber-facing features will be inactive.

Refunds

Subscription fees are non-refundable except as required by applicable law. If you believe you have been charged in error, contact us at billing@mixmailer.com within 30 days of the charge.

Plan Changes

Your subscription plan adjusts automatically as your email subscriber count changes. If your subscriber count exceeds your current plan's limit, your plan will be upgraded and billed at the new rate for the next billing cycle. Downgrades take effect at the start of your next billing cycle.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Send spam, unsolicited messages, or misleading content through the Service.
• Upload, distribute, or transmit malware, viruses, or other harmful code.
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Interfere with or disrupt the Service or servers connected to the Service.
• Scrape, crawl, or use automated means to access the Service beyond what we expressly permit.
• Resell, sublicense, or redistribute the Service without our written consent.
• Use the Service to collect or harvest personal information about others without their consent.
• Send content through the Service that is defamatory, obscene, hateful, or promotes violence or discrimination.
• Violate the intellectual property rights of any third party.
• Misrepresent your identity or affiliation with any person or organization.

We reserve the right to suspend or terminate your account for violation of these provisions.

8. Creator Content and Subscriber Data

Your Content

You retain all ownership rights to your YouTube videos, lead magnets, paid products, and other content you create or provide through the Service ("Creator Content"). By using the Service, you grant MixMailer a limited, non-exclusive, worldwide license to use, reproduce, process, and display your Creator Content solely for the purpose of providing and improving the Service.

Subscriber Data

Email subscriber data collected through your use of the Service belongs to you. You are responsible for:

• Complying with all applicable email marketing laws, including CAN-SPAM, GDPR, and CASL.
• Ensuring that subscribers have given appropriate consent to receive communications.
• Honoring unsubscribe requests, which MixMailer processes automatically.
• Not importing purchased, rented, or scraped email lists into the Service.

If your account is terminated, you may request an export of your subscriber data within 30 days.

Newsletter Content

Newsletters generated by MixMailer's AI are derived from your Creator Content. You are responsible for reviewing and approving newsletter content before it is sent. MixMailer is not liable for the accuracy, completeness, or appropriateness of AI-generated content.

9. Paid Products and Transactions

If you sell paid digital products through the Service, payments are processed by Stripe. MixMailer facilitates the transaction but is not a party to the sale between you and your subscribers. You are responsible for:

• Delivering the products described in your listings.
• Handling customer inquiries related to your products.
• Complying with all applicable consumer protection laws.
• Reporting and paying any applicable taxes on your sales.

MixMailer is not responsible for disputes between creators and their subscribers regarding paid products.

10. Intellectual Property

MixMailer's IP

The Service, including its design, features, code, documentation, logos, and trademarks, is owned by MixMailer, LLC and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our written consent.

Feedback

If you provide suggestions, feature requests, or other feedback about the Service, you grant us a perpetual, irrevocable, non-exclusive, royalty-free license to use and incorporate that feedback into the Service without obligation to you.

11. Third-Party Services

The Service integrates with third-party services including YouTube, Stripe, Resend, and others. Your use of these services is subject to their respective terms and privacy policies. MixMailer is not responsible for the availability, accuracy, or practices of third-party services.

12. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, deploy updates, or experience outages. We will make reasonable efforts to notify you of planned downtime in advance.

13. Limitation of Liability

To the maximum extent permitted by applicable law:

• MixMailer is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.
• We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• MixMailer shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, or business opportunities.
• Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to MixMailer in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless MixMailer, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your Creator Content or paid products.
• Your violation of any third-party rights.

15. Termination

By You

You may cancel your subscription and close your account at any time through your MixMailer dashboard or by contacting us at support@mixmailer.com. Cancellation takes effect at the end of your current billing cycle. You remain responsible for any outstanding charges.

By Us

We may suspend or terminate your account at any time for:

• Violation of these Terms.
• Non-payment of fees.
• Conduct that we determine, in our sole discretion, is harmful to the Service, other users, or third parties.
• Extended periods of inactivity (12 months or more).

We will make reasonable efforts to notify you before termination, except in cases of severe violations.

Effect of Termination

Upon termination:

• Your access to the Service will cease.
• Newsletters will no longer be sent on your behalf.
• Tracking links will stop redirecting.
• You may request an export of your subscriber data within 30 days.
• Any outstanding payment obligations remain due.
• Provisions that by their nature should survive termination (including Sections 8, 10, 13, 14, and 16) will survive.

16. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to conflict of law principles.

Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@mixmailer.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Deschutes County, Oregon. The arbitrator's decision shall be final and binding.

Class Action Waiver

You agree to resolve disputes with MixMailer on an individual basis and waive any right to participate in a class action, class arbitration, or representative proceeding.

17. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and MixMailer regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
• Notices: We may send notices to you via email to the address associated with your account. You may send notices to us at legal@mixmailer.com.

18. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website, updating the "Last Updated" date, and sending a notification to your account email. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and close your account.

Contact Us

If you have questions about these Terms, contact us at:

MixMailer, LLC
Email: legal@mixmailer.com