General Terms of Service - Email Marketing - SMTP services - Mailjet

General Terms of Service

as of February 16, 2015


THESE GENERAL TERMS AND CONDITIONS OF SERVICE (the “Terms”) are a legal and binding agreement between you and Mailjet SAS, a French corporation (“Mailjet” or “we”), governing your use of Mailjet’s website (the “Site”) and or the emailing services and related services that Mailjet provides from time to time (collectively the “Services”) through the Site or its mobile applications (“Apps”) available on iOS and Android platforms, if any.



These Terms are in addition to your obligations and rights under our Privacy Policy and the Mailjet Sending Policy (ex. Anti-Spam Policy). For the avoidance of doubt, in the event of a conflict between the Terms and the Privacy Policy, or other terms and conditions posted on the Site, these Terms control. If you are using our Services on behalf of a business, that business accepts these terms. If you are unsure of your rights and obligations under the Terms, please contact us at

Modification of these Terms. Mailjet reserves the right to change these Terms from time to time at its sole discretion by posting on the Website or by providing any other notice, such change, update, addition, and your rights under these Terms will be subject to the most current version of these Terms posted on this page at the time of your use. If you do not agree with the Terms, do not use this Site, register for an Account or request Services.


Article 1. Definitions

Each capitalized term in the Agreement, whether used in the General Terms and Conditions, the Special Terms and Conditions or in any document that is part of the Agreement shall have the meaning given below unless otherwise expressly stated.

“Assistance Services” means any consulting services, development if any, configuration and settings assistance provided by Service Provider in order to allow Customer to access and use the E-mailing Service, including integration of an API into its own website or implementation of an “SMTP in” protocol for e-mail transfers. Assistance Services includeConsulting Services, Audit and On-boarding services.

“Data” means Customer’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Customer and Service Provider, and which may be intended for third parties, through the E-mailing Service access and use rights.

“E-mailing Service” means the Mailjet™ externalized application solution that is hosted on the servers that Service Provider designates and that Customer may execute remotely. The E-mailing Service offers various features, including management of emailing campaigns with real-time monitoring of sent e-mail deliverability, newsletter creation and sending, or sending and managing, transactional e-mails. Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the E-mailing Service and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, Mailjet may, at any time, discontinue providing a platform deemed obsolete and migrate services to a new infrastructure; in which case, Mailjet will endeavor to inform you as early as possible and invite You to migrate your account to the new infrastructure, under conditions about which You will be notified.

“Intellectual Property Right” means any patent, patent application, copyright, moral right, trade name, trademark, service mark, trade secret, and any application or right to apply for registration thereof, internet domain names, logos, designs, slogans, and general intangibles of a similar nature, computer software programs or applications, tangible or intangible proprietary information, know-how, proprietary processes, formulas, algorithms, or any other intellectual property right, whether registered or unregistered, and whether first created before or after the Effective Date of the Agreement.

“Operating Policies” means the operational rules, guidelines and processes followed by Service Provider in the operation of the E-mailing Service, and with which Customer’s compliance is also required in some cases. These Operating Policies are comprised of the Privacy Policy, Service Level Agreement (SLA), and Mailjet Sending Policy (also “Anti-Spam Policy”), as updated from time to time, and are incorporated herein.

“Site” means the web pages associated with the technological features of the E-mailing Service (“Technology Features”) described in the E-mailing Service Documentation that can be accessed by and configured for and/or by Customer, especially the “Admin” interface, in accordance with the Agreement and the Documentation.


Article 2. Support and Service Levels

2.1 We shall use reasonable commercial efforts, in accordance with customary state of the art principles, to ensure that e-mails sent by You are properly routed to their recipients’ electronic mailboxes. To this end, We shall provide You with an online automatic monitoring service, enabling You to update and modify your mailing lists and emailing campaigns in real time. You may also subscribe to additional recommended services in order to improve the E-mailing Service. Such additional services shall be invoiced separately and shall be provided only after your prior acceptance of a quotation.

2.2 Support and Service Levels

We shall provide second level support for the E-mailing Service (hereinafter “Support”), consisting of (i) responding to the Administrator’s requests for information and support in connection with use of the E-mailing Service, it being agreed that only the Administrator may contact/access the Support service, or (ii) resolving anomalies arising from use of the E-mailing Service that the Administrator has not been able to fix despite its best first level support efforts.

You shall be responsible for appointing an administrator (hereinafter “Administrator”) from among your employees, who shall be in charge of collecting information and assistance requests from your users and for trying to respond to them. We reserve the right to invoice You for any request for first level assistance (such as an anomaly due to an incorrect configuration or due to your technical environment).

Support access conditions and service levels commitments are detailed in the Service Level Agreement (SLA).


Article 3. Use of the E-mailing Service

You acknowledge that You read our Operational Policies, as well as the technical and functional specifications of the E-mailing Service, and that You subscribe to the Service in full knowledge of the terms and conditions.

You undertake to use the documentation information solely for your own needs or the needs of your contracting entity.

You shall comply with the terms and use restrictions, if any, set out in these General Terms and Conditions, and You shall be responsible for ensuring that your users also comply with said terms and use restrictions.

Customer shall not interfere with or disrupt operation of the E-mailing Service and shall comply with the Documentation for access to and use of this Service.

Caution: As a Direct Mailjet Subscriber, You subscribe to the Services in Your name and on Your behalf, and You are not entitled to send via our Services promotional emails for a third-party, nor to assign the use of all or part of the Services to your own customers, even for free; in this context, we draw Your attention on the fact that one single domain must not include more than two (2) master accounts; for any specific need, please address a detailed request to our support:

As an Indirect Mailjet Subscriber, You subscribe to the Services in Your name but behalf of your own customers with the objective of managing Mailjet for and/or reselling Mailjet to your clients. If you feel you fit this usage type and/or are an agency please contact our Partnership team:


Article 4. Credentials

When You create Your account, You undertake to share the information required to process your orders as requested on line, especially and without limitation your surname, first name (or corporate name of your company), address, phone number and valid email. These data shall be processed in accordance with our Privacy Policy. You are liable for the consequences of false or inaccurate information you would have shared with us.

You shall keep confidential and secure all credentials, User IDs and passwords associated with the master account and any attached sub-accounts, whether such credentials have been granted by Us or by Yourself and (ii) to immediately notify Us of any unauthorized use of the master account or any of its attached sub-accounts, or of any theft or loss of credentials allowing access to these accounts. Each account is personal and can only be accessed and used by You or the users duly authorized by You if You are a company. You recognize and acknowledge that You may be liable for any unlawful, wrongful or fraudulent use of the master account or any of its attached sub-accounts, and You guarantee Us against any action or claim arising from such a use.


Article 5. Intellectual Property – E-mailing Service Access and Use Rights

5.1 Trademarks and Service Marks. Mailjet and all collateral trade names and marks referenced on the Site, without limitation, are among the registered trademarks of Service Provider, its affiliates and/or licensors. You are not allowed to use any such trademarks without Service Provider’s express written agreement. All Site content, including graphics, logos, page headers, icons, and service names are the property of Service Provider and its affiliates. Other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Service Provider. Any images of persons or personalities contained on the Site are not an indication or endorsement of Service Provider or any particular product unless otherwise indicated. Service Provider reserves all rights not expressly granted herein.

5.2 Copyrights. Service Provide and its affiliates are the sole and exclusive copyright holder of the Site. Copyright law protects all content and design of the Site, including any and all collateral materials relating thereto. You are not allowed to use any such website content or design without Service Provider’s express written agreement. You may not use, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of our platform. Any activity that infringes terms of this Agreement violates copyright law and will be prosecuted according to the current applicable law.

5.3 Subject to full payment of all fees when due, Service Provider grants Customer a limited, non-exclusive, non-transferable, personal and temporary right to access and use the E-mailing Service. This grant of rights shall not be deemed an assignment to Customer of any of Service Provider’s intellectual property rights to the E-mailing Service or any of its components.

5.4 Mailjet expressly reserves the exclusive right to act in order to adapt, arrange and/or modify any of the components of the E-mailing Service and, in particular, to correct any errors within it. All intellectual property rights or other property rights to the results, if any, of all work and services provided by Service Provider in the course of the performance of this Agreement and of the Assistance Services in particular, as well as to any associated documentation and to all or any part of any copy of the results of such work and services, or the derivatives, enhancements or modifications thereof (hereinafter collectively referred to as “Work Product”) are and shall remain the sole property of Service Provider. To the extent the Work Product is deemed to be owned by the Customer, the Customer hereby agrees and covenants to assign and transfer and, to the extent any such assignment cannot be made at present, will assign and transfer, to Service Provider and its successors and assigns, all its right, title and interest in all Work Product. It is agreed that such assignment will occur at the time the Work Product is completed, and shall apply worldwide, for the duration of the corresponding rights. At any time or from time to time after the date hereof, the Customer agrees to cooperate with Service Provider, and at the request of Service Provider, to execute and deliver document necessary to consummate this Work Product assignment.


Article 6. Data – Customer Content – Spamming

6.1 Data

Vis-à-vis the Parties, the Data used, issued, processed, hosted, safeguarded or stored by Mailjet on behalf of Customer or at Customer’s request are and shall remain Customer’s property. Mailjet is nonetheless authorized to use the Data in order to check the quality of Customer’s good practices; allow use of the E-mailing Service; internally monitor and enhance the E-mailing Service; analyze Customer’s use of the E-mailing Service, in terms of volume and history; analyze and communicate statistics to its various customers about overall use of the E-mailing Service, provided the information disclosed (i) is aggregated with Service Provider’s other customers’ data and (ii) and is made anonymous in order that no customer may be directly or indirectly identified.

You undertake to comply with the legislation and regulations applicable to the processing of personal data in the country where they are collected, including, if applicable, Directive EC/95/46.

To this end, You shall be responsible for carrying out all mandatory reporting formalities.

You are hereby advised that, unless an agreement has been signed by the Parties to this end, the E-mailing Service shall not be used to process sensitive personal data, especially personal data of a medical nature or pertaining to health conditions.

You are hereby also informed that the Data, including personal data, that You transfer to Us when using the E-mailing Service may, depending on the geographical location of users, cross borders as they are routed to the servers that host the E-mailing Service and store the Data. You undertake to inform the relevant personal data owners and to obtain any required prior consent.

6.2 Content

You shall be solely liable (i) for any Data, information or content, in particular the content of e-mails and newsletters sent by You through the E-mailing Service, including if such content is provided by a third party, such as an SMTP relay or via the routing of an entire infrastructure (hereinafter collectively referred to as “Content”), and (ii) for the Content’s compliance with the regulations in force, in accordance with article 7.

You acknowledge and warrant that the Content, whether in whole or in part, shall in no event:
(a) infringe, misappropriate or violate any right, especially any intellectual property right, of any third party whatsoever;
(b) contain any virus or program designed to cause damage, intercept or misappropriate any system, data or personal data in a fraudulent manner;
(c) contain any unlawful, bullying, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature or any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation ;
(d) contain any content which may subject to any rules and regulations promulgated under the U.S. Export Administration Act of 1979 (as amended from time to time) or the U.S. Arms Export Administration Act of 1976 (as amended from time to time);
(e) contain any person’s social security number, individually identifiable health or health insurance information, bank account information or credit card information;
(f) be false, misleading or inaccurate;
or (g) be in breach with our Mailjet Sending Policy.

You undertake not to use the Site and E-mailing Service in a manner that may lead to any civil or criminal action whatsoever, and shall indemnify and hold Us harmless from any action on such grounds.

You acknowledge that We have the right, but not the obligation, to monitor the E-mailing Service and any data submitted to the E-mailing Service. To comply with legal obligations in this respect, We may take any actions (including removing content or denying routing of certain data and e-mails) We reasonably believe are necessary to prevent unlawful activity in connection with the E-mailing Service.

You expressly acknowledge and agree that Mailjet shall not be liable for any loss or destruction of the Content, including the Data, and that You shall be responsible for ensuring that You have proper backups thereof.

6.3. Anti-spam

You undertake to comply (i) with all applicable laws (federal, country or otherwise) that govern marketing email, including without limitation, the US CAN-SPAM Act of 2003 and all other anti-spam laws and with (ii) the commitments set out in our Mailjet Sending Policy (or Anti-Spam Policy) and, in particular, You acknowledge that You have been informed that in the event of breach of the provisions of this Anti-Spam Policy, in particular if e-mails are sent to recipients who did not specifically ask to receive such e-mails or if We receive an unusual number of complaints, We shall be entitled to terminate Your subscription and/or close the master account or any associated sub-account, in which case You shall not be entitled to claim any refund or compensation.

Some internet service providers (“ISP”) may suspend the routing of e-mails from certain addresses if they detect or suspect any dishonest or illegal behavior (“blacklisting”). If Your account is blacklisted by an ISP, We shall use commercially reasonable efforts to attempt to reestablish communication with such ISP, and You agree to pay for services We may be required to perform for this purpose.


Article 7. Compliance with the Law

You (i) shall comply with all laws and regulations in force that are applicable in any country from which You access the Site and/or use the E-mailing Service, as well as in any country to which You send e-mails, and (ii) shall indemnify and hold Us harmless from any action brought against Us, judgment entered against Us or loss We may sustain due to Your non-compliance with applicable laws and regulations.

Furthermore, You agree to reimburse Us for any action or formality We may be required to carry out to comply with a legal demand or request from an administrative or judicial authority.

In the event You become aware of a violation by any third party of any provision of these General terms of use or of any law or regulation and, in particular, if You become aware of a security breach by a third party or discover a security breach, You shall immediately notify Us by any means, including by sending an e-mail to


Article 8. Subscriptions – Financial Terms

We offer free subscriptions and paid subscriptions, with or without commitment.

Free subscriptions are available to everyone and are subject to use restrictions (maximum daily and monthly sending of emails, maximum number of contacts in Your list); these use restrictions are set forth at the following address:

You can find the fees of our monthly subscriptions on Our Site, at the following address:

Your subscription shall be due and payable each month in advance from the date of Your subscription or the date of Your first subscription to a paid Subscription.

Payment may be done by credit card or direct debit.

You authorize Mailjet to charge the credit card or bank account You provide to Us for any and all costs and amounts that You owe Us for the Services.

Mailjet reserves the right to change the Services subscriptions fees by notifying You by e-mail with at least a thirty (30)-day notice. If you do not accept the new fees We will have notified to You, You shall cease all use of the Service on or before the last day of the monthly period already paid at the date of the notification and terminate Your subscription. For annual subscriptions, the fees applicable are the ones in force on the date of your order; the new fees will be applicable to You only on the renewal date of your subscription.

You agree to not seek Mailjet’s liability and to not dispute the payment for the sending of Your, even in case any of them are blocked by a third party and do not reach their recipient as You would have desired (for instance in the context of an anti-spam policy).

When You subscribe to a paid subscription with a minimum fixed-term commitment (usually 12 months), the financial conditions that are applicable to You (fees, schedule and payment terms) are set forth on the purchase order and / or special terms signed by you. Fees for the E-mailing Service consist of a fixed fee (“Minimum Annual Fee”) and a variable fee (“Variable Fee”), if any, depending on the volume of e-mails processed on behalf of Customer. Unless otherwise stated, the Minimum Annual Fee is non-cancelable and non-refundable for any reason whatsoever.

The subscription fees do not include the cost of equipment, telecommunications and Internet access enabling use of the E-mailing Service, the costs of which shall be borne by You.

Assistance Services Fees, if any, are specified on the purchase order and / or special terms. They do not cover, and You agree to separately reimburse Us for all out-of-pocket expenses incurred by Us in connection with the Assistance Services including: (i) travel expenses, including airfare, car rental and travel time exceeding four hours per week; (ii) accommodation expenses, including the cost of hotels; (iii) meal expenses, including breakfast, lunch, and dinner; (iv) translation and/or interpretation services; (v) costs of materials. Assistance Services Fees shall be invoiced when the purchase order is signed. They are non-cancelable and non-refundable.

Invoices are expressed in euros and excluding taxes; they are payable net and without discount and on receipt (unless otherwise stated on the invoice), preferably by bank transfer to the account number provided on the invoices.

In the event of non-compliance with the payment terms, We may immediately and after giving notice, temporarily suspend access to and use of the E-mailing Service and/or terminate the subscription.

All amounts payable are quoted excluding taxes. You shall pay any and all taxes imposed by any government on the amounts payable for the Services, or reimburse Us in the event we have paid such amounts, for which You are personally responsible.


Article 9. Term – Withdrawal – Termination and deletion of accounts

If You are a consumer, in accordance with the EU Directive 2011/83/UE, You are entitled to withdraw Your subscription within seven (7) days from the date of subscription to the Services. However, this right of withdrawal can not be exercised if You already started to use the Services.

Free subscriptions and paid subscription without commitment are concluded without any fixed-term and are automatically renewed from month to month subject, subject to the full payment in advance of the monthly subscription fee if any. You may at any time terminate Your free or without commitment subscription. We nevertheless draw Your attention on the fact that Mailjet shall not reimburse You the unused fees paid for a started month, even prorate; it is then Your responsibility to anticipate the termination of Your subscription to make it effective at the most convenient time.

When You subscribe to a paid subscription with a fixed-term commitment, each of the Parties (You as well as Us) may terminate at the end of each term (anniversary date), with a one-month notice. In the absence of such a termination, the contract between us shall be automatically renewed for the same term, and You shall be invoiced each month of a minimum amount equal to the amount billed for the last month of the initial term (Emailing Service and recurring Assistance Services if any) according to the initial schedule payment not including overruning.

Each Party may also terminate this Agreement in advance in the event the other Party materially breaches the Agreement and fails to cure such material breach within thirty (30) calendar days after receipt of a notice of such breach, sent by certified mail, return receipt requested, (ten (10) days in the event of Customer’s non-payment). Notwithstanding the foregoing, termination may be immediate in the event of Customer’s non-compliance with the Anti-Spam Policy in accordance with provisions of Article 6.4, in the event of a breach of the laws and regulations, in the event of a breach or attempted breach of the security of the Site, or in the event of fraud or attempted fraud in connection with use of the Site or the E-mailing Service.

Should Your e-mail sending practices not comply with the provisions under the Mailjet Sending Policy, Mailjet may decide to temporarily “limit sendings” on Your Account, which means that your daily and total e-mails dispatches will be limited and You will need to take the necessary measures to have your practices comply with the Mailjet Sending Policy before Mailjet can lift the Temporary Sending Limit and allow you to send the desired e-mail volumes. Temporary Sending Limit subsequent to a breach of your contractual obligations means You will remain liable for the payment of the amounts contractually due during the period of sending limit despite the limitation on your e-mail sending options and no refund will be made.

Mailjet may terminate your Account and the performance of Services at its sole discretion:
(a) at any time and for any legitimate reason for a free subscription provided reasonable notice is given; or
(b) after You have been notified by Mailjet following any breach of laws or regulations or these Terms and Conditions, including and without limitation, if payment or part payment of any sum due by You is not received, in the event of a payment incident, when using the Services to send e-mails that do not comply with Mailjet Sending Policy, in the event of a breach or attempted breach of the Website security, or in the event of fraud or attempted fraud when using the Website.

Upon expiration or termination of Your account for any reason whatsoever, all amounts still owed by You, if any, shall become due and payable immediately. We won’t refund any prepaid fees and to charge Customer the full amount that Service Provider would have been entitled to charge Customer for the remaining term until the end of the initial term.

You shall also return to Us any copy of documents (whether hard copy or electronic) owned by Us that may be in Your possession. You are advised that as of the effective termination date of Your account, You will cease to have access to Your account and to the data stored therein, subject to the provisions of the Our Privacy Policy and the law.


Article 10. Warranties

Mailjet makes all commercially reasonable efforts to deliver a functional Service and substantially compliant with its documentation and SLA, but does not guarantee an error- or “bug”-free service. If You notice a non-compliance, you must notify Mailjet as soon as possible and Mailjet undertakes to make every commercially reasonable effort to remedy the non-compliance, as this is your only recourse.

Mailjet also ensures that the Support Services will be provided, where appropriate, according to the description given in the Special Conditions or the purchase order signed by You and proper codes of practice, as the Service Provider is only bound by an obligation of means in this instance.

You declare, warrant and agree, in Mailjet’s favor, that: (1) You have the right and authority to subscribe and use the Services on the one hand, and accept these Terms and Conditions on the other hand, and if you accept this agreement on behalf of a corporation or other entity, to link the company or other entity hereunder; (2) You have the right and executing authority of your obligations under these Terms and Conditions; and (3) all data, information or content that You provide for Mailjet in the context of your access to the Website and use of the Services is accurate and up-to-date.

Furthermore You acknowledge that Mailjet does not control the transfer of data via the internet, and cannot be held responsible for delays or delivery problems arising from internet.


Article 11. Third Party Claims

11.1 We agree to (i) defend You, at our own expense,, and (ii) pay all damages resulting from any claim initiated by a third party and asserted against You on the grounds that the E-mailing Service, when used in accordance with the provisions of these Terms of Use, infringes any French patent, copyright, trade secret, or other proprietary right, provided that You: (a) promptly notify us, in writing, and no later than within ten (10) days following receipt of any claim; (b) allow us to control and direct the investigation, preparation, defense We shall not be liable for any settlement We do not approve in writing in advance.

In the event notice of an infringement claim is received from a third party, We may, in our sole discretion and at our option, (a) procure for You the right to continue to use the E-mailing Service, or (b) replace or modify the E-mailing Service to make it non-infringing. If We determine that it is not commercially reasonable to perform either of these alternatives, You shall cease to access and use the E-mailing Service upon our written request. We shall then refund You the Fees paid in advance, prorated over the period during which the E-mailing Service is not usable. THIS ARTICLE 11.1 STATES MAILJET’S ENTIRE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ALLEGATIONS THEREOF BY A THIRD PARTY.

11.2 You shall defend and pay us all damages, including damages resulting from any claim initiated by a third party and asserted against us on the grounds of the use of the Site or the E-mailing Service or any breach of these Terms of Use, provided that We (a) promptly notify You, in writing, of such claim; (b) allow You to control and direct the investigation, preparation, defense and settlement of the claim; and (c) assist and fully cooperate in the defense thereof. You agree to pay any damages or other remedy awarded against us (or agreed to in a settlement by You) resulting from the Claim, including any costs and attorneys’ fees awarded. You shall not be responsible for any settlement You do not approve in writing in advance.


Article 12. Limitation of Liability

The Website may include links to other websites or other Internet sources. Insofar as We cannot control these sites and external sources, Mailjet cannot be held responsible for the availability of such external websites or sources, and may not be held liable in any way for the content, advertising, products, services or other materials on or available from such external websites or sources. In addition, Mailjet cannot be held responsible for the behavior of other users, nor for any proven or alleged damage or loss subsequent to or in connection with access to, use of or the fact of having trusted the content, goods or services available on such external sites or sources.

Mailjet will be freed from the performance of Services, following an event of Force Majeure.

Furthermore, for maintenance reasons, Mailjet may suspend access to the Services; in such cases, Mailjet will endeavor to forewarn You and to keep the length of the interruption to a minimum.


In all cases, Mailjet’s total liability is limited, all damage combined, to the amount paid by You to Mailjet, if any, for use of the Website and Services during the twelve (12) months preceding the date on which the damage occurred. This limitation does not apply to damage due to bodily injury (including death) or to willful misconduct or gross negligence.

You acknowledge that You have subscribed the services with knowledge of (i) the risks related to them and (ii) the level of risk accepted by You. The prices applicable have been agreed upon in consideration of this clause, which is integral to the economic balance of the Agreement.


Article 13. Force Majeure

13.1 Mailjet shall not be responsible for any default or delay due to causes beyond its control including, without limitation, strikes, lock outs, shut down of internet connections by Internet provider, cyber-attacks on the Site.

13.2 If a Force Majeure event occurs, this Agreement shall be automatically suspended during the time the force majeure event continues, and neither Party shall be liable to the other for non-performance or delay in the performance of a required obligation due to the force majeure event, provided the non-performing Party gives prompt written notice of its inability to perform specified obligations due to the force majeure event and uses reasonable efforts to resume its performance of its obligations as soon as possible. It is agreed that the other Party may, during the time the force majeure event continues, similarly suspend performance of its obligations until such time as the non-performing Party resumes performance of its obligations. The Parties shall meet in order to jointly determine the conditions for resuming performance of the Agreement as soon as possible. If a force majeure event continues for a period of sixty (60) days, the Agreement may be terminated by either Party, by giving notice by certified mail, return receipt requested, effective immediately, if the Impacted Obligations are material obligations under the Agreement. Notwithstanding the foregoing, in no event shall a force majeure event excuse or delay a Party’s obligations with respect to confidentiality or Intellectual Property Rights.


Article 14. Confidentiality – Personal data

14.1 Your personal data are processed in accordance with our Privacy Policy.

14.2 Moreover, each Party undertakes to treat as confidential, and to not reproduce or disclose, other than for the sole purposes of performing the Agreement, the information and documents disclosed by a Party (“Disclosing Party”) to the other (“Receiving Party”) during the performance of this Agreement or prior to its signature, and which, (i) because of their technical, commercial or financial content should be kept confidential or because they contain elements that have not publicly disclosed and/or are purely personal to the relevant Party, (ii) or have been identified in writing, at the time of disclosure, as confidential and/or proprietary (collectively “Confidential Information”). Confidential Information shall include, but is not limited to, the provisions of this Agreement (but not its existence), commercial secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, bug reports, analysis and performance information, electronic documents, and other technical, commercial, marketing and financial information, as well as any plans and data.

The Receiving Party shall use the same degree of care to protect the confidentiality of the Disclosing Party’s Confidential Information that the Receiving Party uses to protect and keep confidential its own Confidential Information of a similar nature, but in no event less than reasonable care. However, Service Provider may disclose Customer’s Confidential Information to its own third party providers solely to the extent necessary to provide products or services under the Agreement, provided that Service Provider has a confidentiality agreement in place with such third party provider that protects such Confidential Information in a manner no less protective than the Agreement.

Both parties acknowledge that any breach of its obligations with respect to Confidential Information may cause the other party irreparable injury for which there are inadequate remedies at law, and that the Disclosing Party shall be entitled to seek equitable relief in addition to all other remedies available to it. Customer shall not disclose to a third party the results of any performance tests conducted on the E-mailing Service, without the prior written consent of Service Provider.

Confidential Information shall not include information that (i) is or becomes publicly available through no act or omission of the Receiving Party; (ii) was in the Receiving Party ‘s lawful possession prior to the disclosure and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party; (iii) is lawfully disclosed to the Receiving Party by a third party without restriction on the Receiving Party’s disclosure, and the Receiving Party was not aware that the information was the confidential information of the Disclosing Party; or (iv) is independently developed by the Receiving Party without breaching this Agreement. The Receiving Party may disclose Confidential Information of the Disclosing Party as needed to comply with a court order, subpoena, or other government demand (provided that the Receiving Party first notifies the Disclosing Party and gives the Disclosing Party the opportunity to challenge such court order, subpoena, or government demand).

14.3 Notwithstanding the provisions of Section 15.1, the Parties agree that commercial references of one party, such as the Parties’ names, trademarks, domain names and other distinctive signs, shall not be treated as Confidential Information by the other party, provided no changes are made thereto that might adversely affect the first party. In particular, each Party shall be entitled to mention the other Party’s name and provide an objective description of the nature of the services that are the subject of the Agreement in its lists of references and in proposals made to prospects and clients, interviews with third parties, communications to its staff, internal management forecasts, annual reports to shareholders, and in cases where required by legal, statutory or accounting provisions.


Article 15. Miscellaneous

15.1 Transfer of the Agreement – Change of Control

For the avoidance of doubt, it is hereby reiterated that Customer has a personal, temporary, non-transferable and non-exclusive right to access and use the E-mailing Service.

Under these conditions, it is expressly agreed that Customer shall not transfer the Agreement or any right derived from the access and use of the E-mailing Service to a third party, whether by a contribution, assignment, concession, merger, demerger, loan or otherwise, including without consideration, or within the group to which Customer belongs, without Service Provider’s prior written agreement.

15.2 Subcontracting

Service Provider reserves the right to use the subcontractor(s) of its choice to provide the services in connection with the Services, and shall remain liable to Customer for the performance thereof in accordance with the terms and conditions and subject to the reservations stipulated in this Agreement.

15.3 Entire Agreement

These Terms of Use, including the Operational Policies along with any purchase order and/or special conditions, constitute the entirety of the commitments between You and us. It establishes all of the Parties’ rights and obligations and supersedes all prior oral or written commitments that directly or indirectly concern the subject matter of the agreement between us. This agreement binding us may only be modified by a written amendment which is signed and designated as such by both parties (You and us).

15.4 Severability

If any one of the provisions of the Agreement is deemed void under any legal principle, law or regulation, or is invalidated by a court decision, it shall be severed from the Agreement, but the other provisions of the Agreement shall remain in full force and effect.

15.5 Forbearance

Unless otherwise specified in the Agreement, a Party’s forbearance in not requiring the enforcement of any clause of the Agreement shall not under any circumstances be deemed a waiver of such Party’s rights under such clause.

15.6 Third Party Websites

The E-mailing Service, as well as Service Provider’s Site, may include links to other websites or internet sources. These linked websites and sources are not under the control of Service Provider, and Service Provider cannot be held liable for their content, advertising, products, services or any other material available on or from these linked websites or sources. Service Provider provides links only as a convenience, and such inclusion of any link does not imply that Service Provider endorses the linked websites or any part of their content. Such linked websites may impose on Customer terms and conditions applicable to Customer and the website owner and/or fees for use of such website. Service Provider shall not be held liable for other users’ actions nor for any damage or proven or alleged consequential losses in connection with the access to, use of or reliance in the content, products or services available on third party websites or external sources.

15.7 Governing Law – Jurisdiction

These Terms of Use are subject to French law. Failing amicable settlement, any difficulties related to their interpretation or validation, and any dispute between us will be the exclusive jurisdiction (i) of the court in the defendant’s city if You are a consumer, or otherwise (ii) the Paris courts, particularly if you are a legal entity, notwithstanding multiple defendants or third party claim.



Mailjet Inc
13-13bis, Rue de l’Aubrac –75012 Paris
Capital: 69.239,95€
RCS: Paris 524 536 992 00042
VAT: FR 675 245 369 92
Publishing Director: Alexis Renard

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2 Rue Kellermann, 59100 Roubaix
0899 49 87 65

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