6/21/23, 6:59 PM
Terms of Use - MailerLite
Terms of Use
These MailerLite Terms of Use (“Terms”) are entered into by and between the MailerLite
entity set forth below ("MailerLite") and the entity or person accessing any Services
("Customer" or "you").
The purpose of these Terms is to introduce the basic terms and conditions of our
services offered through our website and mobile application. MailerLite is a service that
provides clients with a means to collect email addresses and to create, send and track
email promotions (“Service”) and other services pursuant to any order confirmations,
ordering documents or online registration ("Order Form").
As used in these Terms, "MailerLite" means:
(a) MailerLite Limited, an Irish registered company at Ground Floor, 71 Lower Baggot
Street, Dublin 2, D02 P593, Ireland, if the Customer's billing address on the applicable
Order Form is located in the EEA, UK and Switzerland; or
(b) MailerLite, Inc., a Delaware corporation at 548 Market St, PMB 98174, San
Francisco, CA 94104-5401, United States, if the Customer's billing address on the
applicable Order Form is located anywhere else in the world.
BY INDICATING YOUR ACCEPTANCE OF THESE TERMS OR ACCESSING OR
USING ANY MAILERLITE SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL
TERMS AND CONDITIONS CONTAINED OR REFERENCED TO IN THESE TERMS. IF
YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
1. Acceptance of Terms
1.1. To use our Service you must:
be at least sixteen years old,
provide accurate contact and billing information,
agree with these Terms, Anti-Spam Policy and DPA, which form part of these
Terms.
1.2. By signing up, using the site or mobile app, you accept these terms and conditions
and warrant that you meet all the requirements listed in this document, and that you
https://www.mailerlite.com/legal/terms-of-service
1/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
won’t use the Service in a way that violates any laws or regulations.
2. General rules
2.1. You must follow these rules:
You are not allowed to send unsolicited email "spam". Please read our Anti-Spam
Policy for more information;
Your email lists must be permission-based subscriptions;
Your use of our Service have to comply with all applicable laws and regulations;
You are not allowed to use our tracking/campaign preview links when sending
emails with other services than ours;
If you are accessing or using the Services on behalf of your company, you
represent that you are authorized to accept these Terms on behalf of your company,
and all references to "you" or "Customer" reference your company;
You are not allowed to use offensive and abusive communication.
2.2. If you violate any of these rules, we may suspend or terminate your account.
3. Payment terms
3.1. Payment is not made until provision of Service. The payment period is one month
when you order a monthly plan or one year when the annual plan is ordered. Payment
methods are as follows:
For MailerLite Classic (if you signed up before April 2022): payment for the monthly
plan can be settled by credit card, and for the annual plan - by credit card or
Paypal. We do not accept American Express cards, cash, payment checks or any
other payment methods.
For new MailerLite (if you signed up from April 2022): payment for both monthly and
annual plans can be settled only by credit card. We do not accept cash, payment
checks or any other payment methods.
3.2. MailerLite Classic monthly plans and new MailerLite annual and monthly plans
renew automatically, unless you choose to cancel it. You can cancel any time on the
Plan and Billing page within your Account Settings. If you exceed your subscriber quota
or monthly email limits, you will be charged automatically to upgrade to the
corresponding tier.
https://www.mailerlite.com/legal/terms-of-service
2/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
3.3. There is an option to switch between monthly and annual plans. If you have a
monthly plan, you can switch to an annual plan at any time. If you want to switch from an
annual plan to a monthly plan, you can only switch to the same or a higher monthly plan.
You cannot switch plans if your current plan is expired, or if it expires in less than 2 days.
You also cannot switch plans if you have already done so within the last 2 days.
3.4. The rates for Service and additional services provided by us are listed
at www.mailerlite.com/pricing. Prices do not include VAT or other taxes of any kind. We
may modify or change our fees and pricing at any time.
4. Communications
4.1. You acknowledge and agree that MailerLite may occasionally send you
communications regarding your account or the Service via email.
4.2. Communication with MailerLite must be conducted in the English language only. If
you provide official letters or documents to MailerLite, MailerLite reserves the right to
request that you translate them to the English language.
4.3. Communication between MailerLite and the Customer shall be mutual, appropriate
and respectful.
4.4. MailerLite provides customer support via email and live chat only to paid Customers.
All Customers (Paid and Free) can access the Customer Self-Service Center for support.
5. Accounts, passwords and security
5.1. You must be a registered user to access the Service. After creating a MailerLite
account, you’ll need to complete two steps to validate your account: (i) Complete your
profile; (ii) Request approval.
5.2. If you comply with our rules then we will approve your account and you’ll receive an
email notification. If something looks suspicious then you might receive a disapproval
email.
5.3. We keep the right at any time to perform your subscribers list review / past
campaign performance prior to a full purchased limit approval to be able to analyse your
deliverability results and make sure it fully complies with our Anti-Spam
Policy requirements.
5.4. You are responsible for keeping your password secure. You will be solely
responsible and liable for any activity that occurs under your username.
5.5. MailerLite reserves the right, at its sole discretion, to delete your disapproved
account without notifying you.
https://www.mailerlite.com/legal/terms-of-service
3/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
5.6. MailerLite reserves the right to access your account to provide support, manage
settings, or test it to ensure the functionality and features of MailerLite Services.
5.7. If your account is inactive for 2 years or more, MailerLite reserves the right to
permanently delete your account with all its data, including your list of subscribers and
your content. In case MailerLite decides to delete your account, you will be informed via
email. You will then be given 30 days to export the data or reactivate your account before
the account is permanently deleted.
6. Appropriate email practices
6.1. All email lists contained and sent to using Service must be permission-based
subscriptions. It is absolutely not acceptable or allowable to use a list that has been
purchased, rented or in any way acquired from a third-party.
6.2. MailerLite reserves the right to terminate any account that it finds in violation of its
Terms of Use by receiving abuse complaints higher than allowed, without refund.
7. Consent
7.1. Emails are only sent to recipients who have given their consent to receive these
emails according to applicable laws and regulations (e. g. General Data Protection
Regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of natural persons with regard to the processing of
personal data); or according to section 7, paragraph 2, number 3 UWG (Act Against
Unfair Competition) - (opt in) - or have a business relationship with the advertiser, and
the conditions according to article 13 section 2 of the European Parliament and Council
Directive 2002/58/EU on Privacy and Electronic Communication are met, and etc.).
7.2. Consent to receive advertisements through email has to be given separately. The
recipient must either click/mark a box or otherwise give a comparatively clear declaration
of consent to receive advertisements via email. This declaration may not be part of other
declarations (such as agreeing to terms and conditions).
7.3. The recipients must give their consent actively through a conscious act. Preclicked/pre-marked boxes may not be used.
7.4. The option to revoke consent at any time with future effect must be clearly and
explicitly indicated at the time of obtaining consent. This must also contain information as
to how consent may be revoked and with whom. The option to revoke consent may not
be more complicated than the obtaining of the consent. Revoked consent must be
implemented after five (5) working days at the latest.
8. Email format
https://www.mailerlite.com/legal/terms-of-service
4/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
8.1. The contracting entity - that means the contracting partner of the sender of an
advertisement must be clearly recognizable. Every sent email shall contain an easily
noticeable ‘about us’; either in the text or through a direct link. It must be complete to the
extent permitted by applicable law. The ‘about us’ section shall contain the following
information:
Name and address of the sender, for legal entities in addition to name and address
the legal form of the entity, authorized representative and the Commercial Registry,
Association Registry, Partnership Registry or Cooperative Society Registry they are
registered with, as well the appropriate registration number.
Contact information, at least a valid telephone number or an electronic contact
form, as well as email address.
If there is a value added tax identification number according to section 27a of the
value added tax act or a business identification number according to section 139c
of the tax code, this number shall be provided. Further reaching information
obligations, for example according to section 5, paragraph 1 of the Telemedia Act
(Telemediengesetz–TMG) remain untouched.
Each newsletter must contain an unsubscribe link with an option to withdraw
permission to send any further newsletters. In all cases, unsubscribe links must be
clear and visible for all your subscribers. Cancellation must be possible for the
subscriber, without having to know access data (such as their login/password).
Exceptions may be admissible in single cases as special cases occur in the
administration of the offering party. Cancellations must be processed promptly.
Neither the sender nor the commercial character of the message may be obscured
or concealed in the header or the subject header of the email. Obscuring or
concealing is taking place when the header and subject header are composed in
such a way that the recipient cannot get any or can get only misleading information
about the actual identity of the sender or the commercial nature of the message
before the message is opened and read.
The sender must remove email addresses from the active mailing list after three
hard bounces.
The customer has to name a contact (name/phone number/e-mail address) for
complaints. Response time for complaints must not exceed 24 hours on business
days.
When using email addresses that the sender or his/her customers received from
third parties, the sender or his/her customer is obligated to make sure before the
advertisement action is taken that only recipients who have given their consent
according to these criteria are emailed; a consent that not only refers to mailings
sent by a third party but also by the sender himself or the sender’s customer.
https://www.mailerlite.com/legal/terms-of-service
5/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
The retrieval of address data for third parties (such as through co-sponsoring)
should be transparent to the user. More so, address data retrieved in such a way
should only be used for a mailing if: a) the companies for which the address data is
generated were named individually, transparently and categorized by industry; b)
users were able to easily access the list of companies; c) the number of companies
or persons for whom the address data was collected is reduced in a way that
excludes the forwarding of user data to an unreasonably large circle of third parties
and that allows the user to easily comprehend the consequences and the extent of
his consent as well to easily control the legal handling of his data.
8.2. For clarification purposes we would like to point out that the companies for which the
address data is generated may not forward this address data to third parties without a
special consent from the user to do so.
9. Appropriate content
9.1. We only allow you to send relevant content which is requested by subscribers, and
which corresponds to the CAN-SPAM Act. You cannot send:
pornography, escort;
affiliate marketing, pyramid schemes, multi-level-marketing (MLM) ;
"get rich quick";
forex, loan or quick credit services ;
gambling or betting ;
weight loss material ;
mobile unlocking services, IPTV content;
content for buying, selling or sharing followers or likes for a social media platform;
content for selling or buying email lists, or offer illegal goods and services.
You are also not allowed to send content: that encourages discrimination, bullying or
actions that could impose a health risk, such as anti-vaccination material. Moreover, you
are not allowed to send misleading content about products, services, or other information
- such as by hiding or excluding content, or by presenting it in an unclear, unintelligible,
or ambiguous way.
9.2. You can send newsletters using MailerLite only if the content is created by you or
you have the right to use it. You represent and warrant that you either own or have
permission to use all of the material, content, data, and information, including your
personal information and the personal information of others, you submit to MailerLite in
the course of using the Service.
https://www.mailerlite.com/legal/terms-of-service
6/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
9.3. MailerLite reserves the right, at its sole discretion, to decide whether the content is
inappropriate and cancel your account.
10. Website Builder
10.1. With our additional Website Builder services you can create websites from your
MailerLite account. By using the Website Builder feature, you accept the terms and
conditions below and warrant that you meet all the requirements listed in this section and
that you won’t use this service in a way that violates any laws or regulations:
You’re responsible for the content you publish through MailerLite’s Website Builder.
These types of sites are not allowed: adult (involving nudity in a sexual context,
pornography or other); copyrighted content that you do not own the rights to;
content that promotes violence or incites hatred against certain individuals or
groups, such as race, religion, ethnicity, gender, sexual orientation or other; a site
meant to trick users into providing their username and password; scams (pyramid
schemes, MLM, "Get Rich Quick", Forex, weight loss material or other dubious
schemes); a site that is used for IPTV content; a site that is used for buying, selling
or sharing followers or likes for a social media platform; sites that offer or sell items
or services that are illegal (weapons, counterfeit, stolen, fraudulent, infringing,
violate rights of privacy/publicity or offensive, escort services, gambling, mobile
unlocking services or other illegal goods and services); any other content which
may be illegal under the laws. This list is a quick reference and is not meant to be
complete.
You are responsible for the personal data protection of your website users. If
applicable law requires, you must have a privacy policy, cookie statement and
security statement on your website, provide appropriate notice and receive all
consents and rights necessary under data protection laws to process your website
user’s personal data.
MailerLite may review the content from your website to ensure compliance with
these terms.
MailerLite reserves the right to terminate any account that it finds in violation of its
terms, without refund.
In no event shall MailerLite be liable or responsible in any way in relation to your
website content or relationship with your website users, including your collection of
personal information.
11. Affiliate Marketing and Affiliate Links
https://www.mailerlite.com/legal/terms-of-service
7/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
11.1. Affiliate Marketing and Affiliate Links are two different things. Affiliate Marketing is
prohibited in MailerLite, but Affiliate Links are fine in most cases.
Affiliate Marketing (Prohibited) - is a type of business where you earn a commission
by promoting other company’s products. We don’t allow this activity, because
there’s no direct relationship between you and your subscribers. You are not
allowed to send unrelated offers to your subscribers or pretend to be another brand.
Affiliate Links (Allowed) - is a way to recommend product or service to your
subscribers in your campaigns. Advertisement for another company (Affiliate Link)
can only appear under your branding and be clearly presented as a special offer
from another company. Moreover, the offer has to be related to your content and
meet subscriber expectations. You are not allowed to send emails with links to
content that is prohibited in our Terms of Use. Campaigns with blacklisted links will
be stopped automatically and we may be forced to close the account permanently.
12. Multiple account abuse
12.1. Creating multiple accounts with overlapping uses (similar email content, same
links) or in order to evade the permanent suspension of a separate account is strictly
forbidden.
13. Limitation of Liability
13.1. In no event shall MailerLite be liable or responsible in any way in relation to the
contents and use of, or differently in connection with this website or mobile app, or for
any indirect, special, incidental or consequential damages (including but not limited to
loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss
of reputation or goodwill, loss of contracts or business relationships, or loss and/or
corruption of information or data) whether in an action in contract, equity or otherwise,
arising out of or in any way connected with the use of or inability to use this site or
mobile app or the materials therein or resulting from unauthorized access to or alteration
of data. We won’t be held liable for any delays or failure in performance of any part of the
Service if it is prevented or delayed in performing those obligations by an event of force
majeure circumstances.
14. Termination of Service
14.1. The term of Service will continue for as long as you have a MailerLite account or
until you or we terminate it.
14.2. We reserve the right to terminate your account or limit your use of the Services at
any time with or without cause. If we decide to terminate your account you will receive
https://www.mailerlite.com/legal/terms-of-service
8/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
termination notice with further instructions.
14.3. You also have the option of canceling your account at any time without penalty. In
the event of account cancellation you will lose all data related to your account.
14.4. We reserve the right to terminate our Services if your account is inactive for 2 years
or more as per section 5.7. of these Terms.
15. Refunds
15.1. We are required to provide a refund only if we terminate our Services to you
without cause before the end of a year for which you have paid. There is no other
circumstance in which you will be entitled to a refund from us, including:
We do not provide refunds if your account is suspended because of violation of
our Anti-Spam Policy or these Terms. We do not refund monthly/yearly plans (incl.
upgrades) if it turns out that you’re sending (or were going to send) newsletters a)
without having permission from your subscribers, and/or b) with prohibited content
as per section 9 of these Terms.
We do not refund any unused or partially used plans (monthly or yearly) when you
did not use or partially used the Services, and/or forgot to cancel your plan, and/or if
you canceled immediately after your credit card was charged for the new billing
period. A refund will not be applied if you purchased a wrong monthly/yearly plan
(even by mistake), and/or decided to cancel your subscription after the purchase
because of functionality.
We treat all customers equally, so we don’t make exceptions to this policy.
15.2. We may, at our sole discretion, offer refunds in other situations in accordance with
the requirements we post on the website or in the mobile app, which may be changed
from time to time. In any case, the refund can only be made within 30 days from the last
transaction date.
15.3. If you are an individual and you use MailerLite services not for your trade,
business, craft or profession purposes, you have a right to request a refund within 14
calendar days from the day of agreeing with MailerLite’s terms. If you breach MailerLite’s
terms and your account is suspended or terminated, the refund option is not applicable.
16. Subscribers
16.1. The number of subscribers is limited, emails are unlimited for some plans. If you
exceed your subscriber limit, the following rules apply:
https://www.mailerlite.com/legal/terms-of-service
9/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
For new MailerLite: If you import a list of subscribers that exceed your subscriber
limit, you will be automatically upgraded to a higher tier plan.
For MailerLite Classic: You can add new subscribers to your account without
upgrading the plan, but you can't send newsletters to them unless you upgrade.
16.2. You may not cheat by deleting subscribers and uploading new ones in order to
send newsletters to more unique users than your plan allows.
16.3. If you create new API key through your account you must ensure that the
subscribers are collected in accordance with the industry best practice and requirements
set out in these Terms and Anti-Spam Policy. You are responsible for preventing any type
of abuse when collecting new subscribers through your own generated API key.
17. Account Disputes
17.1. In the event of internal disputes involving MailerLite accounts, you shall resolve the
matter directly with the other party. You shall not request access to or information about
an account that you do not have access to.
17.2. MailerLite reserves the right to suspend any account associated with the dispute to
protect the security and privacy of the data held within the account until the dispute is
properly resolved. Please note that we will request a copy of the court decision or other
legitimate document in order to suspend the account.
17.3. MailerLite shall not investigate repetitive requests related to the account dispute
unless a new significant basis is provided and/or there are convincing arguments that
MailerLite’s previous actions were incorrect.
18. Conditions
18.1. We may modify or terminate our services at anytime, for any reason, and without
notice. We reserve the right to modify these Terms of Use at any time without notice.
Please review these Terms of Use on occasion as they may change in the future. We
may, but have no obligation to, remove accounts and content containing what we
determine as unlawful, offensive, threatening, defamatory, obscene or otherwise
objectionable material. We will remove content that violates any party’s intellectual
property or these Terms of Use.
19. Intellectual property
19.1. MailerLite claims no intellectual property rights over the material you provide to the
Service. You acknowledge that MailerLite owns all right, title and interest in and to the
Service, including without limitation all intellectual property rights, and such rights are
https://www.mailerlite.com/legal/terms-of-service
10/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
protected by international intellectual property laws. You agree that you will not copy,
reproduce, alter, modify, or create derivative works from the Service.
20. Refer a friend
20.1. All MailerLite customers have a Refer-a-friend dashboard, which allows you to
invite other people to sign up for MailerLite and get a designated credit.
20.2. When a new user visits MailerLite website via your Refer a friend link and signs up
(within 30 days from the first visit) our system instantly identifies your referral. The user
will get a designated credit immediately and you will be rewarded with a credit as soon
as he or she upgrades.
20.3. Credits will automatically be applied when you buy or upgrade your MailerLite plan.
Up to 50% of the total cost can be covered by credits. The other 50% has to be paid in
real money. If your credits exceed the limit, they will be saved to be applied to the next
payment.
20.4. Credits cannot be exchanged for real money.
21. Free trial
21.1. All new free accounts get a 30-day free trial to our premium features.
21.2. Once you upgrade to a paid plan, your free trial will end.
22. Privacy
22.1. At MailerLite, protecting your privacy and the privacy of anyone receiving your
email is very important. Please read our Privacy Policy, Security Statement and Cookie
Policy to know more about how we process and protect personal data in accordance
with good industry practice.
23. Data Processing Addendum
23.1. If you share with us personal data of your clients, Data Processing Addendum is
applied to you.
23.2. Data Processing Addendum is an integral part of Terms of Use and can be
found here.
24. Changes
https://www.mailerlite.com/legal/terms-of-service
11/12
6/21/23, 6:59 PM
Terms of Use - MailerLite
24.1. MailerLite reserves the right to change these Terms of Use at any time. If we
decide to change this document, we will post changes on this page. All changes are
effective immediately upon posting and we suggest that you check these Terms of Use
periodically.
25. Miscellaneous provision
25.1. These Terms of Use shall be governed and construed in accordance with
governing law and jurisdiction of the place of the MailerLite entity applicable to the
country of the Customer's billing address.
25.2. These Terms of Use will begin upon when you become our client and will continue
unless terminated hereunder.
Last updated on May 5, 2023
https://www.mailerlite.com/legal/terms-of-service
12/12