These Terms and Conditions ("Terms") govern your access to and use of the MailBrain platform and services operated by Rishu ("Company", "we", "us") at mailbrain.co.in. By accessing or using MailBrain, you agree to be bound by these Terms. If you do not agree, do not use our Service.
1. Acceptance of Terms
By creating an account or using any part of the MailBrain Service, you represent that you are at least 18 years old, have the legal capacity to enter into a binding contract, and agree to these Terms and our Privacy Policy. If you use MailBrain on behalf of an organisation, you represent that you have authority to bind that organisation.
2. Description of Service
MailBrain provides an AI-powered email intelligence platform that includes email prioritisation, summarisation, smart reply drafting, sentiment analysis, analytics, and related features ("Service"). The Service is provided on a subscription basis (including a free tier) as described on our pricing page.
3. Account Registration and Security
- You must provide accurate and complete registration information.
- You are responsible for maintaining the confidentiality of your account credentials.
- You agree to notify us immediately of any unauthorised use of your account.
- We are not liable for losses resulting from unauthorised use of your account.
- You may not share accounts or transfer access to third parties.
4. Subscription and Billing
4.1 Free Tier
The Starter plan is free subject to the usage limits described on the pricing page. We reserve the right to modify free tier limits with 30 days' notice.
4.2 Paid Plans
Paid subscriptions are billed monthly or annually in advance. Prices are listed in INR inclusive of applicable taxes. We may modify pricing with 30 days' notice to existing subscribers.
4.3 Refunds
Paid plans are non-refundable except as required by applicable law or where expressly stated. If you believe you were charged in error, contact us within 7 days of the charge at rishu@mailbrain.co.in.
4.4 Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You retain access to paid features until the period ends.
5. Acceptable Use
You agree not to use MailBrain to:
- Send spam, phishing emails, or unsolicited bulk messages.
- Violate any applicable law or regulation, including data protection laws.
- Infringe the intellectual property rights of any third party.
- Transmit malware, viruses, or malicious code.
- Attempt to gain unauthorised access to our systems or other users' accounts.
- Reverse engineer, decompile, or disassemble any part of the Service.
- Use the Service for any illegal, harmful, or fraudulent purpose.
We reserve the right to suspend or terminate accounts that violate these provisions.
6. Intellectual Property
MailBrain and its original content, features, and functionality are and will remain the exclusive property of the Company. Our trademarks and trade dress may not be used without our prior written consent. You retain ownership of your email data and any content you create using the Service.
7. Privacy and Data
Your use of the Service is also governed by our Privacy Policy, incorporated herein by reference. By connecting your email account, you grant MailBrain a limited, revocable licence to access and process your email data solely for the purpose of providing the Service features you have requested.
8. Third-Party Services
MailBrain may integrate with third-party services (Gmail, Outlook, payment processors, AI providers). These integrations are subject to the respective third-party terms of service. We are not responsible for the practices of third-party services.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AI-GENERATED SUMMARIES AND REPLIES ARE SUGGESTIONS ONLY — YOU ARE RESPONSIBLE FOR REVIEWING AND APPROVING ALL COMMUNICATIONS SENT FROM YOUR ACCOUNT.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAILBRAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL) ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify and hold harmless MailBrain and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with reasonable notice except in cases of serious breach. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (intellectual property, disclaimer, limitation of liability) shall survive.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Ranchi, Jharkhand, India. We encourage you to contact us first at rishu@mailbrain.co.in to resolve disputes amicably.
14. Changes to Terms
We may modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or Service notification. Your continued use after the effective date of changes constitutes acceptance of the revised Terms.
15. Contact
For questions about these Terms, please contact:
Rishu — Founder & CEO, MailBrain
Email: rishu@mailbrain.co.in
Phone: +91 99558 91152
Address: Flat 302, Sai Kripa Apartments, Circular Road, Lalpur, Ranchi, Jharkhand 834001, India