These terms of use (hereinafter referred to as "terms") govern the relationship between you (hereinafter referred to as "user" or "you") and Version Two s.r.o. (hereinafter referred to as "provider" or "we") when using the Mailwell service – an email marketing platform available at mailwell.sk. By using the service, you agree to these terms.
1. Service description
Mailwell is an email marketing platform that enables:
- Management of subscriber lists and contacts
- Creating and sending email campaigns
- Email communication automation
- Tracking delivery, open, and click statistics
- Managing unsubscribes and subscriber preferences
The exact scope of features depends on the selected pricing plan and may change over time.
2. Registration and account
Registration is required to use the service. You are required to provide truthful and complete information when registering. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities performed through your account
- Immediately reporting any unauthorized use of your account
One user may have only one account unless otherwise agreed. We reserve the right to suspend or cancel accounts that violate these terms.
3. Acceptable use policy
By using the Mailwell service, you agree to comply with applicable laws including:
- GDPR (EU Regulation 2016/679) on personal data protection
- Act No. 452/2021 Coll. on electronic communications
- CAN-SPAM Act (if sending emails to recipients in the USA)
- Other applicable laws on electronic communication and consumer protection
3.1 Prohibited activities
The following is prohibited through the Mailwell service:
- Sending unsolicited mail (spam) – you may only send emails to persons who have given you consent or with whom you have an existing business relationship
- Sending emails with fraudulent, misleading, or unlawful content
- Uploading contact lists obtained without consent (purchased, rented, or obtained from public sources without legal basis)
- Sending content promoting illegal products or services
- Attempting to circumvent service limits or security measures
- Using the service to spread malicious software or phishing
- Violating intellectual property rights of third parties
We reserve the right to immediately suspend or terminate the account of a user who violates these rules, without prior notice and without entitlement to a refund.
4. Subscriber data ownership
Your subscriber data that you upload to the Mailwell service remains your property. You are the controller of this data under GDPR and we act as a processor – we process it solely based on your instructions and for the purpose of providing the service.
You are responsible for:
- Obtaining a valid legal basis for processing your subscribers' data
- Providing information to subscribers about the processing of their data
- Handling subscriber requests for access, correction, or deletion of their data
- Complying with obligations arising from GDPR and other regulations
After cancellation of your account, your subscriber data will be deleted within 30 days. Before cancelling your account, you have the option to export your data.
5. Service level
We provide the Mailwell service on a "best effort" basis – we make reasonable efforts to ensure the availability and reliability of the service. However, we do not guarantee uninterrupted service availability.
- The free plan does not provide any guaranteed service level (SLA)
- Paid plans may include additional guarantees according to the specific terms of the plan
- Scheduled maintenance will be announced in advance via email or in the service interface
We are not responsible for outages caused by force majeure, third-party failures, infrastructure attacks, or other circumstances beyond our control.
6. Payments and billing
6.1 Pricing plans
Mailwell offers both free and paid pricing plans. Current prices and feature scope are listed on the pricing page at mailwell.sk. Prices are listed excluding VAT unless stated otherwise.
6.2 Billing period
Paid plans are billed monthly or annually at your choice. The subscription automatically renews at the end of the billing period unless you cancel it before it expires.
6.3 Payment terms
We process payments through Stripe. We accept payment cards and other payment methods supported by Stripe. The user is required to maintain a valid payment method for the entire duration of the paid subscription.
6.4 Refunds
Service fees are generally non-refundable. We may grant exceptions at our discretion in justified cases – for example, in case of a significant service outage on our part. You can request a refund by email at podpora@mailwell.sk.
6.5 Price changes
We reserve the right to change service prices. We will notify you of price changes at least 30 days in advance. If you do not agree with the new prices, you have the right to cancel your subscription before the new prices take effect.
7. Intellectual property
The Mailwell service, its source code, design, logos, trademarks, and documentation are the property of Version Two s.r.o. or its licensors and are protected by copyright and other intellectual property rights.
Content that you create through the service (email templates, campaign texts, etc.) remains your property. You grant us a limited license to process it to the extent necessary to provide the service.
8. Limitation of liability
The Mailwell service is provided "as is" without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
To the maximum extent permitted by the laws of the Slovak Republic:
- We are not liable for indirect, consequential, incidental, or punitive damages
- We are not liable for data loss, lost profits, or business interruption
- Our total liability to you is limited to the amount you have paid us in the last 12 months
- We are not liable for the content of emails you send through the service
- We are not liable for email deliverability, which depends on multiple external factors
9. Termination
9.1 Cancellation by user
You can cancel your account at any time in your account settings or by contacting our support. When cancelling a paid plan, the service remains active until the end of the current billing period. The unused portion of the subscription is non-refundable.
9.2 Termination by provider
We reserve the right to suspend or cancel your account in case of:
- Violation of these terms or acceptable use policy
- Non-payment of fees for more than 14 days past the due date
- Conduct that harms the service, other users, or the reputation of Mailwell
- Request from public authorities
In case of serious violation (spam, phishing, spreading malware), the account may be cancelled immediately without prior notice.
9.3 Effects of termination
After account cancellation, you will lose access to the service and all data in your account. Data will be deleted within 30 days of account cancellation, except for data we are required to retain by law (primarily billing data).
10. Changes to terms
We may update these terms from time to time. We will notify you of material changes at least 14 days in advance via email or a notification in the service interface. By continuing to use the service after the changes take effect, you agree to the updated terms. If you do not agree with the changes, you have the right to cancel your account.
11. Governing law and dispute resolution
These terms are governed by the laws of the Slovak Republic. All disputes arising from these terms or related to the use of the service will be resolved by the competent courts of the Slovak Republic.
If you are a consumer, you have the right to contact the alternative dispute resolution platform under Act No. 391/2015 Coll. or the European Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.
12. Severability
If any provision of these terms becomes invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be replaced by a valid provision that most closely approximates the original purpose.
13. Contact
If you have questions about these terms or the Mailwell service, contact us:
Version Two s.r.o.
Company ID: 51636549
Tax ID: 2120733417
Bratislava, Slovak Republic
Email: podpora@mailwell.sk
Web: mailwell.sk