Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Mailheight platform, applications, APIs, infrastructure, data services and related services provided by Lead Sourcing & Email Marketing, operating under the name Mailheight (“Mailheight”, “we”, “us” or “our”).

By creating an account, accepting an order form, purchasing a subscription, accessing the Service or otherwise using the Service, you (“Customer”, “you” or “your”) agree to these Terms. If you accept these Terms on behalf of a company, agency or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. If you do not agree to these Terms, you must not use the Service.

1. Provider and definitions

1.1 Provider. Mailheight is operated by Lead Sourcing & Email Marketing, a sole proprietorship owned by Nithyanandan Ramakrishnan, GSTIN 29AENPN7045R1ZF, Sierra Cartel, No 343, 9th Main, Sector-7, HSR Layout (next to Karnataka ATM), Bangalore 560102, Karnataka, India. Contact: support@mailheight.com, +91 98454 21144.

1.2 Service. “Service” means the Mailheight software platform and related services made available by us, including, as applicable: prospect discovery and search; contact enrichment; email verification and validation; list screening and suppression; campaign creation and management; AI-assisted research and content generation; email sequencing and automation; sending infrastructure, warm-up and sending integrations; sender and domain management; deliverability monitoring; engagement, intent and campaign analytics; signal monitoring; reply detection and management; client reporting; APIs; account administration; support; and other features or services made available by Mailheight from time to time. Features available to a Customer depend on the applicable plan, order form, subscription or service configuration.

1.3 Definitions.

• Customer or you: the individual or legal entity that creates, maintains or pays for a Mailheight account.
• Authorized User: an employee, contractor, consultant, agent or other person whom Customer permits to access or use the Service under Customer's account. Customer is responsible for all activity performed through its Authorized Users.
• Client: a third-party business on whose behalf Customer uses the Service, including where Customer operates as an agency, consultant, managed-service provider or other service provider.
• Recipient: any person or organization to whom a communication is sent using the Service.
• Customer Data: information submitted to, imported into, generated within, or otherwise provided to the Service by or on behalf of Customer, including contact and prospect information, email addresses, campaign information, email content, templates, personalization information, replies, suppression information, tracking and engagement information associated with Customer's campaigns, and information relating to Customer's Clients. Customer Data does not include Mailheight's own service data, system data, aggregated data or data independently obtained and maintained by Mailheight for operating the Service.
• Sending Identity: a domain, mailbox, sender address, sender profile, IP address or other sending identity used to transmit email through or in connection with the Service.
• Credits: prepaid or subscription-based units used to measure consumption of specified Service features.

2. The Service and allocation of responsibilities

2.1 Mailheight is a software platform. Mailheight provides software, infrastructure, data-processing functionality and related tools that allow Customers to discover prospects, validate contact information, create campaigns, generate or edit content, configure sending parameters and transmit communications. Mailheight does not determine the commercial purpose of a Customer's campaign, does not establish the Customer's relationship with a Recipient, does not determine whether a particular Recipient should receive a particular communication, and does not determine the Customer's legal basis for contacting a Recipient. The Customer remains responsible for those decisions.

2.2 Customer controls its campaigns. Customer determines, directly or through its Authorized Users: the purpose of a campaign; the business or Client being promoted; the intended audience; the Recipients selected for outreach; the source and lawful basis for the recipient data; the content and commercial claims made in the communication; the Sending Identity; the timing and frequency of communications; the geographic markets and jurisdictions targeted; the applicable suppression requirements; and whether and when a campaign is launched. Mailheight provides functionality that allows Customer to configure and execute those decisions.

2.3 Sender and initiator. For every email sent through your account, you (and, where applicable, your Client) are the sender, advertiser and initiator of that message under applicable law. To the extent applicable law uses concepts such as “sender”, “advertiser”, “marketer”, “initiator”, “controller” or “business”, Customer is responsible for determining its role and complying with the obligations applicable to that role. Mailheight provides software, data-processing functionality, automation tools and technical infrastructure that execute your instructions; you remain responsible for the campaigns, Recipients, content, commercial purpose and legal basis associated with communications sent through your account. Nothing in these Terms is intended to determine, exclude or override any mandatory legal allocation of responsibility that may apply to Mailheight or the Customer under applicable law.

2.4 Launch and automation. Campaigns are created as drafts, and no campaign starts sending until you or your Authorized User launches it; Mailheight does not launch campaigns on its own initiative. Where the Service provides automated approval, scheduling or sending functionality, Customer is responsible for enabling and configuring that functionality and for every communication subsequently sent through it, exactly as if Customer had approved each item itself. Customer is responsible for reviewing and configuring automated functionality appropriately before enabling it.

2.5 AI-assisted functionality. Mailheight may use artificial intelligence, including third-party AI models, and other automated systems to research companies, summarize information, identify personalization opportunities, draft email content, generate subject lines, classify replies, assist with segmentation or campaign configuration, or perform other automated tasks. AI-generated or AI-assisted output may contain errors, omissions, outdated information or inappropriate assumptions. Customer is responsible for reviewing AI-generated content where appropriate before it is used in a campaign; where Customer enables automated approval, scheduling or sending functionality, Customer is responsible for the configuration of that functionality and for the content subsequently sent through it. Once content is approved or otherwise authorized for sending through Customer's account, Customer is responsible for it, including its accuracy and any claims it makes, regardless of whether the content was written by a person, generated by AI, edited by AI, generated from a template, or generated through an automated workflow.

2.6 Eligibility. The Service is for business use. You must be at least 18 years old to use it, and you must not use it for personal, household or consumer marketing purposes.

2.7 Verification. We may ask you to verify your identity, your business, your Clients and your Sending Identities before or after sending is enabled, and may withhold or pause sending until verification is complete.

2.8 Accounts and security. Customer must provide accurate registration information and keep it current; protect account credentials; restrict access to Authorized Users and maintain appropriate internal access controls; promptly revoke access for former personnel; and notify Mailheight at support@mailheight.com immediately of suspected unauthorized access. Customer must not share account credentials in a manner that bypasses account or user controls, and remains responsible for activity conducted through its account.

3. Agencies and sending on behalf of Clients

3.1 Agency responsibility. If Customer uses Mailheight on behalf of a Client, Customer represents and warrants that:

1. it has written authorization from the Client to conduct the relevant outreach and to use Mailheight for that purpose;
2. it has a written agreement with the Client governing the relevant services;
3. the Client has authorized Customer to use Mailheight for the Client's campaigns;
4. the Client has authorized Customer to process and transmit the relevant Customer Data;
5. the Client understands the applicable marketing and privacy obligations;
6. Customer is authorized to accept these Terms on behalf of itself and, where applicable, bind the Client to obligations necessary for use of the Service; and
7. the campaign does not falsely represent Customer as the advertiser or business being promoted.

3.2 Client remains responsible for its marketing. Where Customer operates the Service for a Client, Customer and Client are responsible for determining the purpose of the campaign, the intended Recipients, the commercial proposition, the lawful basis for processing and contacting Recipients, the required disclosures, the applicable jurisdictional requirements, and the identity of the advertiser or business being promoted. The Client remains responsible for the commercial offer or product being promoted, and Customer must accurately identify the Client where required by applicable law. Customer remains responsible to Mailheight for activity performed through Customer's account, including activity performed for its Clients.

3.3 Identification of the Client. Where a campaign is conducted for a Client, the communication must accurately identify the Client where required by applicable law. If the sending domain is not the Client's own domain, the email body must name the Client and make clear that it is sent on the Client's behalf. Customer must not use Mailheight to conceal the identity of the advertiser or commercial entity responsible for the communication.

3.4 No unauthorized third-party campaigns. Customer must not use Mailheight to send communications on behalf of a third party without that party's authorization. Mailheight may request evidence of such authorization before or after sending is enabled, and Customer must provide it within a reasonable period.

4. Marketing and legal compliance

4.1 Laws you must follow. Customer is responsible for complying with all laws and regulations applicable to its use of the Service and to each campaign and Recipient. Depending on the jurisdiction and circumstances, these may include: the EU General Data Protection Regulation and national ePrivacy and electronic communications laws; the UK GDPR and the Privacy and Electronic Communications Regulations; the US CAN-SPAM Act and applicable US state privacy and marketing laws; Canada's Anti-Spam Legislation; India's Digital Personal Data Protection Act, 2023 and the Information Technology Act, 2000 and related rules; and applicable consumer protection, advertising, data-protection and electronic communications laws. The laws applicable to an email campaign may depend on the location and status of the Recipient and are not limited to the law of Customer's own country.

4.2 Legal basis. Before sending a communication, Customer must have a lawful basis for obtaining and processing the relevant contact information, selecting the Recipient, sending the communication, and any subsequent processing of Recipient information. Where consent is required, Customer is responsible for obtaining and maintaining valid consent and must be able to demonstrate that consent. Where another lawful basis or statutory exemption is relied upon, Customer is responsible for determining that the relevant requirements have been satisfied and must maintain documentation supporting that basis or exemption, and produce it on request. Mailheight does not determine or certify that Customer has a lawful basis to contact any particular Recipient. You must not email Recipients in a jurisdiction where you have no lawful basis to do so.

4.3 Business-to-business outreach. The fact that a Recipient uses a business email address does not automatically establish that the communication is lawful. Customer must determine whether the Recipient is an individual, sole trader, partnership, corporate subscriber or another category under the law applicable to the communication, and comply with any consent, legitimate-interest, transparency, objection, opt-out, suppression and other requirements applicable to that Recipient.

4.4 Commercial email requirements. Customer must ensure that each commercial communication:

1. accurately and transparently identifies the sender (and, where applicable, the Client), including the sender identity and other information required by applicable law;
2. does not use a false or misleading subject line;
3. includes a valid physical postal address of the sender;
4. includes a working unsubscribe or objection mechanism where required - the Service provides one, and you must not remove, hide or disable it;
5. has a legitimate and relevant business purpose appropriate to the Recipient and the sender's business, where required by applicable law or Mailheight's acceptable-use requirements;
6. where required by law (for example under GDPR Article 14), tells the Recipient who you are, where their contact details came from, and how to object;
7. does not misrepresent the nature, availability, price or characteristics of a product or service; and
8. complies with applicable advertising and consumer-protection requirements.

4.5 Unsubscribe and suppression. Customer must honor all applicable unsubscribe, objection, deletion and suppression requests, and must not re-import, reactivate, rotate, alter or otherwise circumvent a Recipient's suppression status. Unsubscribes, complaints, hard bounces and qualifying replies are suppressed automatically by the Service, and Mailheight maintains per-Client and global suppression lists. Mailheight may maintain suppression records independently of Customer's campaign lists, and may act on opt-out or deletion requests made to us directly by a Recipient, notifying Customer where required.

4.6 Records. Customer must keep records reasonably necessary to demonstrate its lawful basis, consent where applicable, authorizations, data sources, applicable exemptions, objections and suppression decisions for as long as the law requires, and give them to us promptly if we ask in connection with a complaint, investigation or legal request.

4.7 Source records. The Service records a source for each contact - for example, prospect discovery through Customer's connected Apollo.io account, a CSV import, or manual entry - together with the date the contact was added. Customer may use these records to answer Recipient questions about where their contact details came from, including notices required under GDPR Article 14. For contacts that originate outside the Service, Customer must keep its own source records as described in Section 4.6.

5. Prospect data and third-party data

5.1 Prospect discovery. Prospect-discovery features run through Customer's own connected Apollo.io account: searches are executed against Apollo.io using an account or API key that Customer connects, results are returned to Customer under Customer's own agreement with Apollo.io, and Mailheight does not supply, resell or sublicense Apollo.io data. The availability of a contact, company, domain or email address through the Service does not mean that the contact is legally eligible to receive marketing, and does not constitute a recommendation or representation by Mailheight that the data may be used for direct marketing, or that the contact may be contacted, in any particular jurisdiction or for any particular purpose.

5.2 No representation of contactability. Mailheight does not represent or warrant that a particular contact is accurate or current, that an email address belongs to the identified person, that a person is still employed by the identified organization, that a Recipient expects or has consented to marketing, that a Recipient can legally be contacted, or that the use of any contact complies with the laws applicable to Customer. Customer must independently determine whether and how a contact may lawfully be used.

5.3 Third-party data providers. Prospect discovery and bulk work-email discovery rely on Apollo.io, accessed through Customer's own connected Apollo.io account, and email validation relies on third-party verification services. Third-party data is provided “as is” and may be subject to separate terms, restrictions, licenses or privacy requirements, including Apollo.io's own terms of service. Customer is responsible for complying with any applicable restrictions governing its use of such data.

5.4 Customer-imported data. Customer represents and warrants that it has obtained Customer Data lawfully; provided all required notices; obtained all required permissions or consents; established any required lawful basis; complied with applicable data-source restrictions, website terms and data-protection rights; can tell Recipients where their data came from if the law requires it; and has obtained all rights necessary for Mailheight to process Customer Data as contemplated by these Terms.

5.5 No assumption based on validation. Email validation, verification, spam-trap screening, enrichment and other data-quality services do not establish that a Recipient may legally be contacted. A contact marked “valid”, “clean”, “safe” or similar means only that the relevant technical or data-quality checks produced that result. It does not mean that consent or a legitimate interest exists, that the Recipient expects contact or has not objected, or that the campaign is legally compliant. Customer remains responsible for the final sending decision.

6. Prohibited uses

6.1 Illegal or abusive activity. Customer must not use the Service to: conduct unlawful activity; facilitate fraud or scams; conduct phishing; distribute malware; impersonate another person or organization; send deceptive or materially misleading communications; distribute unlawful content; promote illegal goods or services; harass or threaten Recipients; send hateful, discriminatory or sexually explicit material where unlawful or prohibited by the Service; or violate the rights of another person or organization.

6.2 Unlawful recipient data. Customer must not send to data obtained unlawfully or without the required rights or lawful basis, including, where prohibited by applicable law: unlawfully scraped or harvested addresses; data obtained through deceptive means; data collected in violation of privacy restrictions or applicable contractual restrictions; or data belonging to Recipients who have objected or unsubscribed.

6.3 Suppression circumvention. Customer must not email a person after a valid opt-out; remove a suppression record; alter an email address, use another Sending Identity or Customer account, use aliases or re-import suppressed Recipients to circumvent a suppression or objection; or otherwise attempt to defeat Mailheight's suppression controls.

6.4 Reputation-system evasion. Customer must not use Mailheight to evade mailbox-provider filtering, blocklists, spam-trap systems, rate limits, sender, domain or IP reputation controls, provider enforcement, abuse controls or other technical or policy-based restrictions. Prohibited practices include, without limitation: rotating domains, mailboxes or IP addresses to evade reputation problems, sending limits or blocklists; swapping identities after reputation deterioration; disguising the relationship between related Sending Identities; repeatedly moving campaigns between infrastructure to avoid enforcement; or creating new identities primarily to escape restrictions imposed on previous identities. Using multiple legitimate Sending Identities for legitimate business purposes is not itself prohibited; the prohibition applies where identities are used to circumvent controls or conceal problematic sending behavior.

6.5 Unauthorized sending. Customer must not send communications on behalf of another business without authorization; using domains or mailboxes it does not own or have permission to use; using misleading sender information, forged headers or deceptive reply-to addresses; or in a manner designed to conceal the actual advertiser.

6.6 Consumer marketing. Mailheight is designed for business-to-business use. Customer must not use the Service for consumer marketing where such use is prohibited by the applicable plan, law or Mailheight policy. Customer is responsible for determining whether a Recipient qualifies as a consumer, individual subscriber, corporate subscriber or another protected category under applicable law, and for meeting the requirements that follow from that status.

6.7 Telephone and SMS. The Service does not place calls or send SMS unless expressly stated otherwise in an applicable order form. Any telephone, SMS or other non-email outreach conducted using information obtained through the Service is solely Customer's responsibility, including compliance with the US Telephone Consumer Protection Act and do-not-call rules.

6.8 Platform integrity. Customer must not resell, sublicense or provide the Service, or data obtained through it, to third parties except to its own authorized Clients, and must not probe, overload, reverse engineer or interfere with the Service or its infrastructure.

7. Sending infrastructure and deliverability

7.1 Sending infrastructure. Depending on the applicable service configuration, Mailheight may provide, provision, manage or integrate with domains, mailboxes, SMTP services, IP addresses, email service providers, cloud infrastructure, DNS configuration, authentication services and other sending infrastructure, including warm-up services. Where Mailheight provides, provisions, manages or integrates with sending infrastructure, such provision does not transfer to Mailheight responsibility for the purpose, recipients, content, commercial claims or lawful basis of Customer's communications. Where the Service or sending infrastructure is deployed on infrastructure that Customer owns or controls under an order form, Customer is responsible for that infrastructure's operation and security except as expressly agreed in writing.

7.2 Customer authorization. Customer represents that it has the right to use every Sending Identity connected to its account, and must not connect infrastructure belonging to another party without authorization.

7.3 Deliverability controls. Mailheight may impose sending limits, campaign limits, rate limits, authentication requirements, reputation controls, verification requirements and other safeguards. These controls protect Recipients, Customers, Mailheight and sending infrastructure. They are not a guarantee that Customer's messages will be delivered or placed in an inbox.

7.4 Deliverability is not guaranteed. Mailheight does not guarantee inbox placement, delivery, open, click, reply, meeting or conversion rates; sender, domain or IP reputation; absence from blocklists; absence of spam complaints; continued acceptance by a mailbox provider; or continued availability of third-party sending infrastructure. Mailbox providers and network operators independently determine whether and how messages are accepted, filtered, delayed, quarantined or rejected.

7.5 Mailbox-provider requirements. Customer must comply with applicable requirements imposed by mailbox providers and email infrastructure providers, including the Gmail and Yahoo bulk sender requirements where they apply. Mailheight may modify sending controls where necessary to respond to changes in provider requirements or infrastructure conditions.

8. Sending standards and protective controls

Mailheight may establish and change operational thresholds relating to hard bounces, spam complaints, spam-trap detections, blocklist listings, authentication failures, abnormal sending behavior, unusual volume, recipient complaints, and domain, IP or mailbox reputation. Mailheight may pause or restrict sending when those thresholds are reached or when we reasonably believe that continued sending could harm Recipients, Customer, other Customers, Mailheight or third-party infrastructure.

As an indication, our current default thresholds, measured over a rolling 7-day period, are:

These thresholds and actions are internal protective controls for deliverability, infrastructure and abuse prevention, not commitments to a particular enforcement sequence, and they do not constitute legal safe harbors or acceptable levels of unsolicited, unlawful or non-compliant sending - staying under a threshold does not make a campaign compliant or permitted, and we may apply stricter or additional controls where the circumstances require. We may change them on 15 days' notice, or immediately where a mailbox provider, blocklist operator or infrastructure condition requires it. Where appropriate, we may require list revalidation, identity, business or domain verification, proof of authorization, evidence of data provenance or lawful basis, campaign review, infrastructure remediation or other corrective action before sending resumes. Repeated breaches may lead to suspension under Section 10.

9. Monitoring and abuse prevention

9.1 Monitoring. To protect Recipients and the Service, Mailheight may use automated systems and, where reasonably necessary, human review to monitor campaigns, message content, sending patterns, recipient lists, bounce and complaint rates, suppression events, spam-trap indicators, blocklists, domain and IP reputation, and account activity.

9.2 Purpose of monitoring. Monitoring is performed to prevent abuse, protect Recipients, Customer accounts, other Customers and Mailheight infrastructure, comply with legal obligations, respond to complaints, maintain deliverability and enforce these Terms. Monitoring does not make Mailheight the marketer, advertiser or initiator of Customer's campaigns, and does not move responsibility for Customer's outreach to us.

9.3 Abuse reports. Anyone can report spam, abuse or compliance concerns by emailing support@mailheight.com with the full email headers. We investigate every report, using message headers, account records, campaign and sending information and related technical data where reasonably necessary, and may pause the related campaign, Sending Identity or account while we do.

10. Suspension and enforcement

10.1 Right to suspend. Mailheight may immediately suspend or restrict an individual email, a campaign, a Recipient list, a Sending Identity, a Client workspace, an Authorized User, a domain, an IP address, a feature, or the entire Customer account.

10.2 Grounds for suspension. Suspension may occur where: Customer breaches or appears likely to breach these Terms; Customer sends unlawful or prohibited communications; Mailheight receives credible abuse complaints; a mailbox provider, blocklist operator, regulator or infrastructure provider raises an enforcement issue or complaint; spam-trap activity is detected or bounce or complaint rates exceed applicable thresholds; Customer cannot establish its authorization to use a Sending Identity, or appropriate rights or lawful basis for recipient data where requested; Customer's use creates a material risk to Recipients, Mailheight or other Customers; fees are overdue; a regulator or law-enforcement authority requests or requires it; or suspension is reasonably necessary to protect the Service or its infrastructure. We will tell you the reason where we lawfully can and restore the Service once the issue is resolved to our reasonable satisfaction.

10.3 Investigation. During an investigation, Mailheight may request campaign details, data sources, proof of authorization, Client agreements, lawful-basis, consent and suppression records, sending-domain ownership, business identity, recipient complaints, or other information reasonably necessary to assess compliance. Customer must cooperate promptly.

10.4 No obligation to continue risky sending. Mailheight is not required to continue sending while an abuse, legal, compliance, infrastructure or reputation issue remains unresolved.

11. Data protection

11.1 Roles. For Customer Data processed solely on Customer's documented instructions for provision of the Service, Customer is generally the controller (or equivalent decision-maker under applicable law) and Mailheight acts as processor, service provider or the equivalent role where applicable. The legal classification of particular processing activities depends on the nature and purpose of that processing and applicable law, and nothing in these Terms prevents a party from being treated as the law requires.

11.2 Customer responsibilities. Customer is responsible for determining the purposes and lawful basis of processing; providing required notices; handling data-subject requests; maintaining required records; determining retention periods; ensuring international transfers to us are lawful; ensuring appropriate security on its side; and complying with applicable data-protection law.

11.3 Our commitments. For Customer Data, Mailheight will:

1. process it only to provide, secure, maintain and improve the Service, on Customer's documented instructions, including these Terms and Customer's configuration of the Service;
2. keep it confidential and restrict access to personnel, contractors and sub-processors who require access and are bound by appropriate confidentiality obligations;
3. keep it separated by account and, within agency accounts, by Client;
4. maintain reasonable technical and organizational security measures appropriate to the nature and risk of the processing;
5. use sub-processors only under written terms that protect the data appropriately, and provide information about material sub-processors on request;
6. help Customer respond to Recipients exercising their rights, to the extent the Service allows;
7. notify Customer without undue delay after becoming aware of a personal data breach affecting its Customer Data; and
8. not sell Customer Data, and not combine Customer's private Customer Data with another Customer's private Customer Data to create a shared contact database.

11.4 Data Processing Addendum. Where applicable law requires processor terms, contact support@mailheight.com and we will agree them with you, including international transfer terms where required. Where such processor terms are agreed, they take priority over this Section for data-protection matters.

11.5 Where data is processed. Customer Data may be processed in India and in other countries where we or our sub-processors operate. Customer is responsible for ensuring that it can lawfully transfer Customer Data to us.

11.6 Service data. Mailheight may collect and use technical and operational information about use of the Service - such as delivery metrics, bounce and complaint rates, blocklist events, infrastructure health, system performance, aggregate usage and security events - to operate, secure and protect the Service, and may use aggregated or de-identified information for analytics, security, service improvement and product development, and will use such data in a manner designed not to identify Customer, its Clients or individual Recipients.

12. Retention and deletion

When your account ends, you may export Customer Data for 30 days. After that, we will delete Customer Data within a further 30 days, except: suppression records, which we retain so that opted-out Recipients are not contacted again through the Service; security and transaction records; records required for legal compliance; records required to establish, exercise or defend legal claims; and aggregated or de-identified information.

13. Fees, Credits and payment

13.1 Fees. Fees are determined by Customer's plan (Starter, Growth or Enterprise), subscription, order form or applicable pricing. Unless otherwise stated, fees are payable in advance. Late payments may lead to suspension under Section 10.

13.2 Credits. Billable features are metered in Credits, each service with its own balance. Credits are consumed when the metered action is initiated or completed, whether or not it produces the result Customer wanted - for example, an address that verifies as invalid, a prospect search returning no suitable contact, an AI generation Customer chooses not to use, or a sent email that bounces. Credits have no cash value unless expressly stated otherwise.

13.3 Taxes. Fees do not include taxes unless expressly stated. Applicable GST or other taxes, duties or governmental charges will be added and shown on the invoice, except taxes on Mailheight's net income.

13.4 Refunds. Fees and Credits are non-refundable, except where required by applicable law, expressly agreed in writing, or where we terminate your account without cause under Section 22.

14. Intellectual property

14.1 Our property. Mailheight owns or has appropriate rights to the Service, its software, APIs, interfaces, workflows, documentation, designs, scoring systems, spam-trap screening and suppression systems, proprietary methods, databases owned by Mailheight, aggregated service data and related intellectual property. These Terms grant Customer a limited, non-exclusive, non-transferable right to use the Service during its subscription, for its business and its authorized Clients, and do not transfer ownership of any Mailheight intellectual property.

14.2 Customer Data and content. As between the parties, Customer retains its rights in Customer Data and the email content it creates. Customer grants Mailheight the rights necessary to host, process, transmit, modify, analyze and otherwise use Customer Data solely as necessary to provide, secure and operate the Service and as otherwise permitted by these Terms. Customer is responsible for ensuring it has all rights necessary to upload, process and transmit content through the Service.

14.3 Feedback. If you send us suggestions or feedback, we may use them without obligation to you.

15. Deliverability, validation and risk tools

Email validation, spam-trap screening, content risk analysis, spam scoring, sender and domain reputation monitoring, blocklist monitoring, deliverability analysis, intent scoring and related tools provide technical and operational information only: they are decision-support aids, not legal advice, not legal determinations and not guarantees. A result such as “valid”, “safe”, “clean”, “low risk” or “deliverable” does not mean that Mailheight has determined that a Recipient may legally be contacted or that a campaign complies with applicable law. Customer remains responsible for the final sending decision.

16. Warranties and disclaimers

16.1 Customer warranties. Customer represents and warrants that: it has authority to enter into these Terms; it has all rights necessary to use Customer Data; it will comply with applicable laws; it will obtain required authorization from Clients; it will not use the Service for prohibited activities or knowingly send unlawful communications; it will not circumvent suppression or reputation controls; and information provided to Mailheight during verification or compliance reviews will be accurate.

16.2 Service provided as available. Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, Mailheight disclaims all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted availability, error-free operation and suitability for a particular campaign or jurisdiction.

16.3 Not legal advice. Compliance features, validation tools, risk scores, monitoring systems and any guidance we give are designed to help you operate responsibly. They are not legal advice and do not make your outreach lawful. Obtain your own legal advice for the jurisdictions you send into.

17. Indemnification

Customer agrees to defend, indemnify and hold harmless Mailheight, its proprietor, staff, contractors and sub-processors from claims, damages, penalties, fines, losses, liabilities, costs and reasonable legal fees arising from or relating to: communications sent through Customer's account; Customer's campaigns; Customer Data, including its source and collection; Customer's failure to establish a lawful basis or to honor consent, objection or suppression requirements; Customer's use of third-party data or prospect-discovery functionality; communications sent on behalf of a Client; any dispute between Customer and a Client or Recipient; Customer's breach of these Terms or violation of applicable law; Customer's infringement of third-party rights; or unauthorized use of the Service through Customer's account. Mailheight will provide reasonable notice of an indemnified claim and reasonable cooperation at Customer's expense. This indemnity does not apply to the extent a claim results from Mailheight's own proven breach of these Terms or applicable law, gross negligence or willful misconduct, to the extent such exclusion is permitted by applicable law.

18. Limitation of liability

To the maximum extent permitted by applicable law:

1. neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, business opportunities, goodwill, anticipated savings or data, even if advised of the possibility;
2. Mailheight's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the fees actually paid by Customer to Mailheight in the 12 months preceding the event giving rise to the claim; and
3. these limits do not apply to Customer's payment obligations, Customer's indemnification obligations, or Customer's breach of Sections 4, 5 or 6, and nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

19. Regulatory and legal requests

Mailheight may cooperate with regulators, courts, law-enforcement agencies, mailbox providers, blocklist operators, infrastructure providers and other authorized entities where reasonably necessary to comply with law, respond to abuse, investigate unlawful activity or protect the Service, and may disclose information reasonably necessary to respond to a valid legal or regulatory request. Where legally permitted, we will notify Customer.

20. Changes to the Service

Mailheight may modify, improve, replace or discontinue features of the Service. Where a material change substantially reduces the core functionality of a paid Service, we will provide reasonable notice where practicable. Third-party services, mailbox providers, APIs, data providers and infrastructure providers may independently change their requirements or discontinue services; Mailheight is not responsible for changes outside its reasonable control.

21. Changes to these Terms

We may update these Terms. The updated version will be posted on mailheight.com with a new effective date and, for material changes, we will notify account owners by email at least 15 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms to the extent permitted by law.

22. Termination

22.1 By Customer. You may stop using the Service and close your account at any time in accordance with your subscription or order form, or by emailing support@mailheight.com. Termination does not eliminate payment obligations already incurred; fees already paid are handled under Section 13.4.

22.2 By Mailheight. We may terminate your account on 30 days' notice for any reason, or immediately if you materially or repeatedly breach these Terms, fail to pay, or your use creates material legal, security or infrastructure risk, or where required by a regulator or infrastructure provider.

22.3 Effect of termination. Your right to use the Service and Mailheight infrastructure ends. Section 12 governs export, retention and deletion of Customer Data. Outstanding fees remain payable. Sections 4.5, 4.6, 11, 12, 14 through 19, 24 and any payment obligations survive termination, together with any other provision that by its nature should survive.

23. International use

Mailheight may be used by Customers in different jurisdictions. International use may involve cross-border data transfers and differing privacy, direct-marketing, consent, disclosure, retention and objection requirements, including different rules for business and individual recipients. Customer is responsible for determining whether its use of the Service is lawful in each jurisdiction in which it operates or sends communications. Mailheight does not represent that the Service is appropriate or legally compliant for every jurisdiction.

24. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict-of-law principles. This does not remove Customer's duty under Section 4 to comply with the laws of each Recipient's location. The parties will first attempt to resolve any dispute through good-faith discussion for 30 days after written notice. If unresolved, the dispute will be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration is Bengaluru, Karnataka, India, and proceedings will be conducted in English. Subject to the above, the courts at Bengaluru, Karnataka have exclusive jurisdiction. Either party may seek urgent interim or injunctive relief from a court of competent jurisdiction.

25. Force majeure

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, including internet, hosting or infrastructure failures, outages of mailbox providers or third-party services, power failures, labor disputes, governmental action, war, civil unrest, epidemics or natural disasters. This does not excuse payment obligations.

26. General

26.1 Assignment. You may not assign these Terms without our written consent. We may assign them to a successor entity that takes over the Service, including a company we incorporate to operate Mailheight, on notice to you.

26.2 Entire agreement. These Terms, any order form and any Data Processing Addendum are the entire agreement between the parties about the Service. If they conflict, the order form prevails, then the Data Processing Addendum for data-protection matters, then these Terms.

26.3 Severability and waiver. If any provision is unenforceable, the rest remains in effect. Failing to enforce a right is not a waiver of it.

26.4 Independent parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, employment or agency relationship.

26.5 Notices. We send notices to the account owner's email address. You send notices to support@mailheight.com.

27. Contact

Lead Sourcing & Email Marketing (Mailheight)
Sierra Cartel, No 343, 9th Main, Sector-7, HSR Layout, next to Karnataka ATM
Bangalore 560102, Karnataka, India
Email: support@mailheight.com
Phone: +91 98454 21144

See also our Privacy Policy, which covers the mailheight.com website and the account data we hold about application customers, including logins, team members, billing and usage logs.