Terms of Service

Effective date: April 17, 2026  ·  Last updated: April 17, 2026

Please read these Terms of Service ("Terms") carefully before using MailSetu ("Service"), operated by MailSetu ("Company", "we", "us"). By creating an account or using the Service you confirm that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and agree to be bound by these Terms and our Privacy Policy.

If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms.

1. Description of Service

MailSetu provides a cloud-based transactional email API and delivery infrastructure built on top of Amazon Web Services Simple Email Service (SES) in the ap-south-1 (Mumbai) region. The Service allows registered users to:

  • Send transactional emails programmatically via a REST API or SDK.
  • Manage sending domains, DKIM/SPF verification, and API keys.
  • Store and render HTML/text email templates with variable substitution.
  • Track delivery, open, click, bounce, and complaint events.
  • Manage team members and organisations (multi-user accounts).
  • Subscribe to paid plans for higher sending volumes.

2. Account Registration

  • You must provide accurate, current, and complete information during registration.
  • You are responsible for maintaining the confidentiality of your password and API keys.
  • You are responsible for all activity that occurs under your account, whether or not authorised by you.
  • You must notify us immediately at support@mailssetu.in of any suspected unauthorised access or security breach.
  • One person or legal entity may not register more than one free account for the purpose of circumventing sending limits.
  • Accounts registered using disposable/temporary email addresses may be suspended without notice.

3. Subscription Plans and Pricing

3.1 Plan Tiers

MailSetu offers the following plans (pricing in Indian Rupees, inclusive of 18% GST):

  • Free: 3,000 emails/month at ₹0 — no credit card required.
  • Starter: 50,000 emails/month — see current pricing on the billing page.
  • Growth: 250,000 emails/month — see current pricing on the billing page.

3.2 Billing Cycle

  • Paid plans are billed on a monthly subscription cycle.
  • Your subscription renews automatically on the same calendar date each month unless cancelled.
  • Unused email quota does not roll over to the next billing period.
  • Payments are processed in Indian Rupees (INR) via Razorpay.
  • A GST-compliant tax invoice will be issued for every payment.

3.3 Price Changes

We reserve the right to change subscription pricing with at least 30 days' advance notice via email. Continued use of a paid plan after the effective date of a price change constitutes acceptance of the new price.

3.4 Overages

If you reach your monthly sending limit, the Service will reject further send requests with HTTP 429 until the next billing cycle. We do not automatically charge overage fees; you must upgrade your plan if you require additional capacity.

4. Acceptable Use

You must comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. Key prohibitions include (but are not limited to):

  • Sending unsolicited commercial email (spam).
  • Sending to purchased, rented, scraped, or harvested email lists.
  • Impersonating another person or entity in the From address.
  • Sending emails that violate any applicable law.
  • Using the Service to distribute malware, phishing content, or fraudulent material.
  • Circumventing sending limits or API rate limits.

Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

5. API Keys and Security

  • API keys grant full access to your account's email sending capabilities. Treat them like passwords.
  • Do not embed API keys in client-side code, public repositories, or client applications.
  • You may generate multiple API keys and restrict them by organisation.
  • If a key is compromised, revoke it immediately from the dashboard.
  • You are solely responsible for all API usage billed to your account, even if due to a compromised key.

6. Domain Verification and DKIM

  • You must own or have authorisation to use any domain you add to MailSetu as a sending domain.
  • Adding a domain you do not own or are not authorised to use is a material breach of these Terms.
  • We will generate DKIM keys for your domain; you are responsible for publishing the DNS records.
  • Email sending from unverified domains may be blocked without prior notice.

7. Service Level and Availability

We target 99.9% monthly uptime for the core email delivery API. Scheduled maintenance windows will be announced at least 24 hours in advance on our status page.

"Uptime" is calculated as: (total minutes in month − downtime minutes) / total minutes in month × 100. Downtime caused by factors outside our reasonable control (third-party outages, AWS SES incidents, force majeure, your own misconfiguration) does not count toward downtime.

The Free tier is provided on a best-effort basis and is not covered by any SLA.

8. Intellectual Property

8.1 Our IP

All software, documentation, trademarks, logos, and content comprising the Service are owned by or licensed to MailSetu and protected by applicable intellectual property laws. You receive a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely as permitted by these Terms.

8.2 Your Content

You retain all ownership rights in the email content, templates, and data you submit to the Service ("Customer Content"). By submitting Customer Content, you grant MailSetu a limited, non-exclusive, worldwide licence to process, transmit, and store that content solely as necessary to provide the Service. This licence terminates when the content is deleted or your account is closed.

9. Data Processing

To the extent that you submit personal data of your end-users through the Service (e.g., email addresses of recipients), you are the Data Controller and MailSetu acts as a Data Processor under the Digital Personal Data Protection Act, 2023 and GDPR (where applicable). Our Privacy Policy sets out the processing details. You warrant that you have a valid legal basis for sharing such personal data with us.

10. Confidentiality

Each party agrees to keep confidential any non-public, proprietary information disclosed by the other party that is marked as confidential or that a reasonable person would understand to be confidential given the nature of the information. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILSETU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT EMAILS WILL BE DELIVERED TO EVERY RECIPIENT, OR THAT DELIVERY RATES WILL MEET YOUR EXPECTATIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAILSETU, ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR SERVICE INTERRUPTION — ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MAILSETU'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MAILSETU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ₹5,000 (FIVE THOUSAND INDIAN RUPEES).

13. Indemnification

You agree to indemnify, defend, and hold harmless MailSetu and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your Customer Content; (c) your violation of these Terms or any applicable law; or (d) your infringement of any third-party rights.

14. Term and Termination

14.1 Term

These Terms commence on the date you first access the Service and remain in effect until terminated.

14.2 Termination by You

You may terminate your account at any time by visiting the dashboard settings and selecting "Delete Account". Termination does not entitle you to a refund except as described in our Refund Policy.

14.3 Termination by Us

We may suspend or terminate your account:

  • Immediately and without notice for material breach of these Terms or the Acceptable Use Policy.
  • With 30 days' notice for any other reason.
  • Immediately if required by law or to prevent harm.

14.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our retention schedule described in the Privacy Policy. Provisions of these Terms that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and governing law) shall survive.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or a prominent in-app notice at least 14 days before the effective date. Continued use after the effective date constitutes acceptance of the revised Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of India. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If not resolved within 30 days, the dispute shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.

17. Miscellaneous

  • Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and MailSetu regarding the Service and supersede all prior agreements.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
  • Waiver: Our failure to enforce any right or provision is not a waiver of that right.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  • Force Majeure: Neither party is liable for delays or failures in performance resulting from events beyond its reasonable control, including natural disasters, AWS outages, government actions, or internet disruptions.

18. Contact

© 2026 MailSetu. All rights reserved. · Mumbai, India