Mailgo is a product and service provided by LeadsNavi Pte. Ltd. These Terms of Service (hereinafter referred to as "Terms") are entered into by and between you (Contracting Companies and Users, as defined below) and LeadsNavi Pte. Ltd., an entity incorporated under the laws of Singapore (hereinafter referred to as "Mailgo", "we", "us" or "our"), in relation to Mailgo’s Services (as defined below).
a) "Agreement" means the Order, these Terms, the Data Processing Agreement (if applicable) and all and any specifications agreed upon (e.g., your selected Plan (as defined below)) between Mailgo and Contracting Company and their respective User(s).
b) "Contracting Company" means the party to whom Mailgo is to provide its services pursuant to the Order. If a Contracting Company includes more than one legal or natural person, the obligations imposed upon each shall be joint and several.
c) "Order" means any registration (either paid subscription or free trial), order confirmation or sign-up through a web interface indicating the services ordered, to be ordered or currently used by Contracting Company and respective User(s).
d) "Queries" means queries, searches, API-calls or any specific configuration Users employ within our Services in order to get Results. "Result" means any company data, contact information, other information or data provided by the Services as an outcome to a Query.
e) "Services" means the Mailgo web software and any services which Mailgo provides to Contracting Companies and Users, through its websites, interfaces (APIs), integrations and further internet based services.
f) "Sources" may include but are not limited to company websites, news portals, online media and public databases.
g) "User" means the natural person(s) who are using the Services after (i) either registering themselves as well as a Contracting Company, or (ii) being invited on behalf of or by a Contracting Company.
2.1 These Terms apply to all Services which Mailgo provides to Contracting Companies and Users. By purchasing, using or otherwise accessing any of the Services, you agree to be bound by the Agreement, and consent to entering into the Agreement electronically and to the electronic storage of the related records. If you do not agree to the Agreement, please do not use the Services.
2.2 Your access and use of the Services is also subject to Mailgo's Customer Privacy Notice, Platform Privacy Notice, Cookies Policy, and any other applicable privacy policies (collectively, "Policies"), as incorporated herein by reference. We may store, process, and transmit your data on servers outside of the region where you are located.
2.3 These Terms take effect the earlier of (a) the use or access of the Services, or (b) the execution of an Order and supersede all prior communications between you and Mailgo, unless expressly agreed otherwise in writing (text form sufficient).
2.4 The Services are offered for professional purposes only, i.e. for natural or legal persons who or which, when entering into a legal transaction, act in exercise of a business. You confirm that the use of the Services is intended for commercial or professional purposes only.
2.5 Mailgo does not accept any other terms (e.g., additional and ancillary provisions such as guarantee commitments, procurement terms or assurances) with regard to the provision of the Services, unless agreed in writing as duly executed by Mailgo.
3.1 Mailgo provides its Services to Contracting Companies and Users in accordance with the Agreement. The Services will be provided as they exist and may be updated and amended throughout the Term (as defined below in section 8).
3.2 You acknowledge and understand that the content and scope of Services and Results, including the selection of Sources, are subject to change and are expected to change over time. To improve the swiftness and efficiency of certain Services, Mailgo may expand, modify, or supplement its offering at any time and in Mailgo's sole discretion.
3.3 You acknowledge that all Results are compiled through automated systems at a large scale, and Mailgo does not have any influence on or control over the Results which are derived from Sources.
3.4 As Mailgo processes and delivers Results automatically without manual checks, you acknowledge that the Results may contain incorrect, harmful, illegal, offensive, or otherwise inappropriate or unsuitable texts, images, or works. Such content shall not be considered a defect of the Services.
3.5 Mailgo is entitled, in each case, to reject specific Queries or the display of certain Results if Mailgo cannot reasonably execute or display these for technical and/or legal reasons.
4.1 Subject to your compliance with the Agreement and applicable laws, Mailgo grants to the Contracting Company a non-exclusive, non-transferable license to use the Services in accordance with Agreement. The right of use shall mean the right to access and utilize the Services and Results in accordance with their intended purpose, in SaaS mode via a connection to an electronic communications network.
4.2 Except as expressly permitted by Mailgo in writing, the Contracting Company shall not (i) lease, resell, sublicense, distribute, transfer, or otherwise make available the Services or Results to third parties, or (ii) use the Services or Results outside of the Contracting Company's organization. For clarity, use of the Services or Results by affiliated companies is considered use outside of the Contracting Company's organization.
4.3 Contracting Company shall be entitled to assign any User that is a natural person employed by or working for the Contracting Company a named user license ("Seat") up to the number indicated in the Order. For the avoidance of doubt, Mailgo is not required to provide its Services to unlicensed Users, e.g., if the number of Users exceeds the number of available Seats.
4.4 Contracting Company acknowledges and agrees that Mailgo offers different service packages ("Plans"), composed of different features, actions, and usage limits that can be performed within such Plans by Users.
4.5 As per its Order the Contracting Company may be subject to certain usage limits applicable to its Plan, including but not limited to a maximum number of emails and contacts that can be sent by Email Campaign per month (“Monthly Limit”). Once the Monthly Limit is reached, Email Campaign will not be available until the start of the next monthly period. Unused portions of the Monthly Limit do not carry over to the next month.
4.6 You acknowledge and understand that interruptions, suspensions, or unavailability of the Services during maintenance, updates, or potential operational disruptions beyond Mailgo's control (e.g., disruptions caused by force majeure or unrelated third-parties) are not considered a defect of the Services.
5.1 Users are responsible for the confidentiality of their authentication credentials, such as logins and passwords, and shall not pass these on to third parties. Users shall be solely responsible for all activities that occur under your account, including misuse of such credentials resulting from a failure to comply with these obligations. Users shall immediately notify us of any unauthorized use of your account or any other security threat to the Services.
5.2 Contracting Companies and Users shall comply with applicable laws and exercise due care during their use. This means, in particular that:
5.3 If we reasonably believe that you have committed a breach of the Agreement or detect suspicious activity on your account, Mailgo may, with immediate effect, exclude the User from the further use of the Services until the matter has been reasonably resolved or, if the matter cannot be reasonably resolved, suspend or terminate such User and/or the respective Contracting Company's account and your right to use our Services. Mailgo may take further actions as we deem appropriate, including but not limited to taking legal action against you or disclosing relevant information to law enforcement authorities.
5.4 You acknowledge and understand that you are solely responsible for complying with the laws, rules, regulations, decrees, orders, injunctions or other mandatory governmental limitations applicable to your use of the Services and the Results, e.g. data protection and e-privacy regulations. Mailgo is in no position to legally assess and/or influence your use of Results (just by way of example, if and how to use address or contact data).
6.1 The Services contain copyrighted materials, trademarks, patent rights, proprietary and confidential information, and intellectual property of Mailgo and its affiliates (collectively, "Proprietary Materials"), including without limitation data, source code, software, text, logos, graphics, images, and videos. Mailgo reserves all intellectual property rights, titles, and ownership to the Proprietary Materials, except as specifically granted under the license provided in the Agreement. The Proprietary Materials are protected by international intellectual property law. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, or modifying any Proprietary Materials in any form or by any means, for any purpose other than as expressly permitted under the Agreement, is permitted without Mailgo’s express written permission.
6.2 You agree and acknowledge that certain Results may be subject to third-party rights and licenses (e.g., copyright or trademark protected) and that Mailgo does not grant or manage such third-party rights or licenses.
6.3 Mailgo will keep any personal data and other information provided by the Contracting Company (such as User details) confidential, and will only make the data available as necessary to complete or perform Mailgo's Services pursuant to the Agreement and the Policies. Mailgo will undertake reasonable effort to delete the received data and information upon your request, subject to the Policies.
6.4 You acknowledge and agree that aggregated and anonymized data may be used in order to improve or develop our Services.
7.1 The initial duration of the Agreement with Contracting Company, as set forth in the Order, or any subsequent renewal period(s) are herein referred to as "Term".
7.2 You can choose between a one-time purchase and a renewable subscription. A one-time purchase grants access to a subscription for a fixed period. Once this period expires, your access to the subscription will end. A renewable subscription will automatically renew and continue until it is terminated.The Contracting Company may only terminate the Agreement with effect at the end of each Term by cancelling the subscription prior to the expiry date. Extraordinary termination rights and the right to termination for just cause remain unaffected. Any subscription that has not been canceled prior to the end of the Term will automatically renew the Agreement for another Term equal to the length of the last Term.
7.3 The fees for the initial Term apply as set forth in the Order. With regard to any subsequent Term, Mailgo reserves the right to reprice the renewal fee. Mailgo will inform the Contracting Company about any price change accordingly.
7.4 The fees for every Term are due upfront at the beginning of the Term (unless otherwise stated in the Order). Mailgo will issue an invoice upon the earlier of (a) receipt of payment or (b) order confirmation. Payment of any outstanding amount is due within fourteen (14) days of receipt of the invoice.
7.5 Specific payment methods or arrangements are subject to your confirmation with our contact account manager. You shall be responsible for any applicable taxes and third-party fees (including, for example, mobile carrier fees, ISP charges, credit card fees, VAT, and foreign transaction fees).
7.6 If Contracting Company fails to pay in time, Mailgo may, in its sole discretion, take any or all of the following actions:
7.7 Restriction or suspension of access to the Services shall have no effect on the Term of the Agreement nor Contracting Company's obligation to pay the respective fees.
7.8 You will provide accurate, current and complete information about the Contracting Company when placing an Order, including all information necessary to identify the Contracting Company, its address, billing information, bank details and contact information. You will inform Mailgo without undue delay of any relevant changes to such information.
7.9 Unless otherwise provided in the Agreement or required by applicable laws, all purchases for our Services are final, non-refundable, and non-cancellable.
8.1 Mailgo is entitled to involve third parties to provide the Services pursuant to the Agreement. Mailgo will take reasonable efforts to ensure that such third parties comply with Mailgo's obligations under this Agreement.
8.2 Without Mailgo's prior written consent, you may not assign, delegate or otherwise transfer the Agreement (or any rights or obligations under or in connection therewith) to any third parties.
9.1 The Services and Results are provided on an "as is" and "as available" basis. To the maximum extent permitted under applicable laws, Mailgo and its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors (collectively, the "Mailgo Entities") disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. The Mailgo Entities make no commitments about the availability, quality or consistency of the Services and Results.
9.2 The Mailgo Entities further disclaim any warranty that
9.3 We are not responsible or liable for (1) any harm to your device system, loss of data, or other harm that results from your access to or use of the Services; or (2) the operation, compatibility, or interoperability with any other application, software, or any particular system or device.
9.4 To the maximum extent permitted by applicable laws, you acknowledge that the entire risk arising out of the use or performance of the Services and/or the Results remains with you. You agree that you must evaluate and bear all risks associated with the use of the Services and/or the Results, including any reliance on the accuracy, completeness, or usefulness of them.
9.5 Mailgo may provide links to third-party websites that are not owned or controlled by us in the Results or on our websites. Mailgo has no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party websites. Your use of any such third-party websites is at your own risk and will be governed by such third parties’ terms and conditions and privacy policies.
10.1 Mailgo Entities shall only be liable to you for damages caused intentionally or with gross negligence. To the maximum extent permitted by applicable laws, you expressly acknowledge and agree that the Mailgo Entities shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or related to: (i) the use of or the inability to use the Services; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party in the Services; or (v) any other matter relating to the Services or goods, services, data, or information purchased or received through the Services.
10.2 The Mailgo Entities' aggregate liability, whether arising out of, or related to contract, tort, strict liability, or otherwise, will not exceed the total amount you paid for access to the Services during the six-month period preceding the event giving rise to the liability.
10.3 To the extent permitted by applicable laws, your sole and exclusive remedy in connection with our breach, termination or cancellation of the Agreement or any term hereof, shall be an action for monetary damages. In no event shall you be entitled to enjoin, restrain or otherwise impair in any manner Mailgo's or any Mailgo Entities' distribution, exhibition, exploitation, advertising, publicity, promotion or any other means of exploitation of the Services or any subsidiary or ancillary rights in connection therewith. This section sets forth the entire liability of the Mailgo Entities as well as your exclusive remedy with respect to access and use of the Services.
10.4 The above limitations and exclusions apply to the maximum extent permitted by law.
11.1 To the maximum extent permitted by law, the Contracting Company shall defend (at our request), indemnify, and hold harmless Mailgo Entities from and against all claims, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs), relating to or arising under or out of the relationship between you and us described in the Agreement, including but not limited to any breach of the Agreement and your violation of any rights of any third party.
11.2 The Contracting Company hereby agrees that we shall have the right to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
12.1 These Terms shall be governed by the laws of Singapore, as an agreement wholly performed, negotiated and executed therein without regard to Singapore’s conflict of law rules. Before initiating any formal legal proceeding, you agree to first contact Mailgo at [support@mailgo.ai] and make a good faith effort to resolve any dispute between you and Mailgo through informal discussion. If a resolution cannot be reached within sixty (60) days of your initial contact, any dispute arising from or in connection with these Terms of Service and your use of the Services shall be submitted to the Singapore International Arbitration Center ("SIAC") for arbitration which shall be conducted in accordance with the SIAC’s arbitration rules in effect at the time of applying for arbitration. You hereby consent to personal jurisdiction and venue in SIAC. The arbitral award shall be final and binding upon both parties. The seat of arbitration and venue of oral hearing shall be Singapore, and there be one (1) arbitrator. The arbitration proceedings shall be conducted in English.
12.2 If, but only to the extent that, any provision of these Terms is declared or found to be illegal, unenforceable, or void, then both you and us shall be relieved of all obligations arising under that provision, it being the intent and the agreement of you and us that these Terms will be considered to be amended by modifying the provision to the extent necessary to make it legal and enforceable while preserving its intent. If that is not possible, it shall be substituted with another provision that is legal and enforceable and achieves the same objective. If the remainder of these Terms is not affected and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by law.
12.3 The failure of us to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of us thereafter to enforce each such provision.
12.4 Mailgo may transfer or assign all or a part of our rights or obligations under the Agreement to a third party without your consent.
12.5 Mailgo has the right to amend these Terms and the Policies at any time and without notice to you. Such amendments shall be effective immediately upon posting. You agree to review Mailgo website periodically to be aware of any such amendments. Your continued use of the Services after such amendments have been made shall constitute acceptance of the amendments.