Terms of Service

1. Introduction & Acceptance of Terms

Welcome to MiN8T. These Terms of Service (the "Terms") constitute a legally binding agreement between you ("User,""you," or "your") and MiN8T Inc. ("MiN8T,""we,""us," or "our"), governing your access to and use of the MiN8T platform, including our website, email editor, APIs, Plugin SDK, and all related services (collectively, the "Service").

By creating an account, accessing the Service, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity.

If you do not agree to these Terms, you must not access or use the Service. We reserve the right to update or modify these Terms at any time. Material changes will be communicated via email or in-app notification at least thirty (30) days before they take effect. Your continued use of the Service after such notice constitutes acceptance of the revised Terms.

These Terms are effective as of the date you first access the Service or accept these Terms, whichever is earlier.

2. Definitions

The following capitalized terms shall have the meanings set forth below throughout these Terms:

• "Account" means the user account you create to access the Service, including all associated credentials, settings, and preferences.
• "API" means the application programming interfaces provided by MiN8T that enable programmatic interaction with the Service.
• "Asset" means any image, font, icon, or other media file uploaded to or hosted within the MiN8T Asset Library.
• "Block" means a reusable content element within the MiN8T email editor, including text blocks, image blocks, button blocks, social blocks, and custom HTML blocks.
• "Content" means any text, images, graphics, HTML, templates, modules, or other materials that you create, upload, or transmit through the Service.
• "ESP" means an Email Service Provider, being any third-party email delivery or marketing platform integrated with MiN8T.
• "Free Tier" means the no-cost subscription plan that provides limited access to the Service as described in the current pricing documentation.
• "Intellectual Property" means patents, copyrights, trademarks, trade secrets, design rights, database rights, domain names, and all other intellectual property rights of any kind.
• "Module" means a reusable, saved combination of one or more Blocks that can be inserted into email templates.
• "Paid Plan" means any subscription tier that requires payment, including Professional, Business, and Enterprise plans.
• "PAYG Credits" means pay-as-you-go credits purchased for usage-based features such as AI generation, list cleaning, or DMARC monitoring.
• "Plugin SDK" means the MiN8T embeddable editor software development kit that allows third parties to integrate the email editor into their own applications.
• "Template" means an email design created within the Service, comprising one or more stripes, structures, containers, and blocks arranged hierarchically.
• "Workspace" means the shared environment within a Team where members collaborate on templates, modules, and assets.
• "Team" means a group of users associated with a single billing account, managed by one or more owners.

3. Account Registration & Security

To access most features of the Service, you must register for an Account. During registration, you agree to provide accurate, current, and complete information, and to update such information as necessary to keep it accurate and complete.

You are responsible for maintaining the confidentiality of your Account credentials, including your password and any API keys associated with your Account. You agree to notify MiN8T immediately at legal@min8t.com upon becoming aware of any unauthorized use of your Account or any other breach of security.

MiN8T will not be liable for any loss or damage arising from your failure to safeguard your Account credentials. You are solely responsible for all activity that occurs under your Account, whether or not authorized by you.

• Age Requirement: You must be at least 16 years of age (or the minimum age required in your jurisdiction) to create an Account and use the Service.
• One Account Per Person: Each individual may maintain only one Account unless expressly authorized by MiN8T for enterprise or multi-tenant use cases.
• Account Verification: MiN8T may require email verification or additional identity verification steps before granting full access to the Service.
• Inactive Accounts: Accounts on the Free Tier that remain inactive for more than twelve (12) consecutive months may be subject to deletion after prior notice.

4. Provision of Services

MiN8T provides a cloud-based email design and editing platform. Subject to these Terms and your applicable subscription plan, MiN8T grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service. The Service includes, but is not limited to, the following features:

• Drag-and-Drop Email Editor: A visual editor supporting over 500 pre-built content blocks, custom HTML blocks, AMP for Email components, and responsive design with mobile preview.
• Template Library: Access to a curated library of professionally designed email templates organized by category, industry, and use case.
• Module Builder: Tools to create, save, and manage reusable email modules that can be shared across templates and team members.
• Version History: Automatic tracking of every edit made to a template, with the ability to preview, compare, and restore any previous version.
• ESP Export: Direct export of email templates to over 108 integrated Email Service Providers, including Mailchimp, SendGrid, Amazon SES, Brevo, Klaviyo, Campaign Monitor, ActiveCampaign, HubSpot, and others.
• Real-Time Collaboration: Simultaneous multi-user editing with presence indicators, cursor tracking, and conflict resolution.
• AI-Powered Features: Content generation, subject line optimization, image suggestions, and design assistance powered by artificial intelligence.
• Asset Library: Upload, organize, and manage images and media files with CDN-backed delivery for use in email templates.
• Plugin SDK: An embeddable editor SDK that allows third-party developers to integrate MiN8T's email editing capabilities into their own applications.
• Brand Guidelines: Centralized management of brand colors, fonts, logos, and design rules that are enforced across all templates within a workspace.
• Deliverability Tools: List cleaning and DMARC monitoring services to help maintain sender reputation and inbox placement.

MiN8T reserves the right to modify, update, or discontinue any feature of the Service with reasonable notice. Significant changes to core features will be communicated at least thirty (30) days in advance.

5. Subscription Plans & Billing

5.1 Subscription Tiers

The Service is offered under multiple subscription tiers, including a Free Tier with limited functionality and Paid Plans (Professional, Business, and Enterprise) with progressively expanded capabilities. Current plan details, features, and pricing are available on the MiN8T pricing page and are incorporated into these Terms by reference.

5.2 Payment Processing

All payments are processed securely through Stripe, Inc. By subscribing to a Paid Plan, you authorize MiN8T and Stripe to charge the payment method on file for the applicable subscription fees. You agree to maintain a valid payment method for the duration of your subscription.

5.3 Auto-Renewal

Paid Plans automatically renew at the end of each billing cycle (monthly or annual) unless you cancel before the renewal date. You may cancel auto-renewal at any time through your Account settings. Cancellation takes effect at the end of the current billing period, and you will retain access to Paid Plan features until that date.

5.4 Price Changes

MiN8T may adjust subscription pricing from time to time. You will receive at least thirty (30) days' advance written notice of any price increase. If you do not agree to the new pricing, you may cancel your subscription before the next billing cycle. Continued use after the price change takes effect constitutes acceptance of the new pricing.

5.5 PAYG Credits

Certain features, including AI content generation, list cleaning, and DMARC monitoring scans, may be billed on a pay-as-you-go basis using PAYG Credits. Credits are purchased in advance and deducted as features are used. PAYG Credits are non-refundable and expire twelve (12) months from the date of purchase if unused.

5.6 Refund Policy

If you are unsatisfied with a Paid Plan, you may request a refund within fourteen (14) days of your initial subscription purchase or upgrade, provided that you have not materially used the Service beyond the Free Tier allowances during that period. Refund requests should be directed to sales@min8t.com. Annual subscriptions that are cancelled mid-term are not eligible for prorated refunds unless required by applicable law. PAYG Credits are non-refundable under all circumstances.

5.7 Taxes

All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying any taxes associated with your use of the Service, except for taxes based on MiN8T's net income.

6. User Content & Intellectual Property

6.1 Ownership of User Content

You retain all rights, title, and interest in and to the Content you create, upload, or transmit through the Service. MiN8T does not claim ownership of your Content.

6.2 License to MiN8T

By uploading or creating Content through the Service, you grant MiN8T a limited, non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and transmit your Content solely to the extent necessary to provide, maintain, and improve the Service. This license includes the right to generate thumbnails, previews, and cached copies for performance purposes. This license terminates when you delete your Content or close your Account, except as required for backup and archival purposes.

6.3 User Responsibility for Content

You are solely responsible for ensuring that your Content does not violate any applicable law, regulation, or third-party right, including Intellectual Property rights, privacy rights, and publicity rights. You represent and warrant that you have all necessary rights, licenses, and permissions to use and share any Content you upload or create through the Service.

6.4 MiN8T Intellectual Property

The Service, including its software, design, user interface, documentation, APIs, logos, trademarks, and all associated Intellectual Property, is and shall remain the exclusive property of MiN8T and its licensors. Nothing in these Terms grants you any right, title, or interest in MiN8T's Intellectual Property except for the limited right to use the Service as expressly set forth herein.

6.5 Feedback

If you provide feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant MiN8T an unrestricted, irrevocable, perpetual, royalty-free license to use, incorporate, and commercialize such Feedback without obligation or compensation to you.

7. Acceptable Use Policy

You agree not to use the Service for any purpose that is unlawful, harmful, or prohibited by these Terms. Without limiting the foregoing, you shall not:

• Send or facilitate spam: Use the Service to create, distribute, or facilitate the sending of unsolicited bulk email or messages in violation of applicable anti-spam laws, including CAN-SPAM, GDPR, CASL, and PECR.
• Engage in phishing or fraud: Create emails or templates that impersonate other persons or entities, deceive recipients, or attempt to collect sensitive information such as passwords, financial data, or personal identification through deceptive means.
• Distribute malware: Upload, transmit, or embed any virus, worm, trojan, ransomware, spyware, or other malicious code within templates, assets, or any Content shared through the Service.
• Scrape or harvest data: Use automated tools, bots, crawlers, or scripts to extract data from the Service, including template designs, user information, or system data, except through authorized API access.
• Reverse engineer: Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, algorithms, or underlying structure of any part of the Service.
• Circumvent rate limits: Bypass, disable, or interfere with any rate limiting, throttling, or access control mechanisms implemented by MiN8T, including API rate limits and concurrent session limits.
• Interfere with the Service: Take any action that imposes an unreasonable or disproportionately large load on MiN8T's infrastructure, or that disrupts, degrades, or interferes with the operation of the Service for other users.
• Resell without authorization: Sublicense, resell, or redistribute access to the Service or its features to third parties without MiN8T's prior written consent, except as permitted through the Plugin SDK under an Enterprise plan.
• Transmit illegal content: Use the Service to create or distribute Content that is defamatory, obscene, promotes violence, constitutes hate speech, exploits minors, or is otherwise illegal in your jurisdiction or the jurisdiction of the intended recipients.

MiN8T reserves the right to determine, in its sole discretion, whether any use of the Service violates this Acceptable Use Policy.

8. Monitoring & Suspension

8.1 Right to Monitor

MiN8T reserves the right, but has no obligation, to monitor use of the Service for compliance with these Terms. Monitoring may include automated scanning of Content for malware, phishing indicators, spam patterns, or other violations of the Acceptable Use Policy. Such monitoring does not imply that MiN8T reviews all Content or bears responsibility for User Content.

8.2 Automated Scanning

The Service employs automated systems to detect potential policy violations, including link analysis, reputation scoring, and content classification. Automated determinations are subject to human review before any enforcement action is taken, except in cases of imminent threat to system security or other users.

8.3 Enforcement Process

If MiN8T determines that you have violated these Terms, enforcement may proceed through the following graduated steps, though MiN8T reserves the right to skip steps where the severity of the violation warrants immediate action:

• Warning: An email notification identifying the violation and requesting corrective action within a specified timeframe.
• Temporary Suspension: Restriction of access to some or all features of the Service for a defined period while the violation is under investigation or pending resolution.
• Termination: Permanent closure of your Account and deletion of associated data, subject to applicable data retention requirements.

8.4 Appeal Process

If your Account is suspended or terminated, you may appeal the decision by contacting legal@min8t.com within fifteen (15) days of the enforcement action. Appeals will be reviewed by a member of MiN8T's trust and safety team who was not involved in the original enforcement decision. MiN8T will respond to appeals within ten (10) business days.

9. Communications With You

By creating an Account, you consent to receive certain communications from MiN8T. Communications fall into the following categories:

• Service Announcements: Notices regarding changes to the Service, planned maintenance, security incidents, or material updates to these Terms. These communications are essential to the operation of the Service and cannot be opted out of.
• Billing Communications: Invoices, payment confirmations, failed payment notifications, subscription renewal reminders, and pricing change notices. These are transactional and cannot be opted out of while you maintain an active subscription.
• Security Alerts: Notifications regarding suspicious Account activity, password reset requests, new device logins, and API key changes. These are security-critical and cannot be opted out of.
• Product Updates: Announcements about new features, improvements, and tips for using the Service. You may opt out of product update emails at any time through your Account notification settings or by clicking the unsubscribe link in any such email.
• Marketing Communications: Promotional offers, case studies, webinar invitations, and partner offers. Marketing communications are opt-in only and will never be sent without your explicit prior consent. You may withdraw consent at any time.

All communications will be sent to the email address associated with your Account. It is your responsibility to keep your contact information current.

10. Email Service Provider Integrations

10.1 User Responsibility for ESP Terms

The Service allows you to export email templates and synchronize data with over 108 third-party Email Service Providers. Each ESP has its own terms of service, acceptable use policies, and data processing agreements. You are solely responsible for reviewing, understanding, and complying with the terms of any ESP you choose to integrate with through the Service.

10.2 OAuth & Authorization Scopes

When connecting an ESP integration, you may be asked to authorize MiN8T to access your ESP account via OAuth or API key. MiN8T requests only the minimum permissions necessary to provide the integration features. You can review and revoke these permissions at any time through your ESP's account settings or through MiN8T's integration management dashboard.

10.3 MiN8T as Conduit

MiN8T acts solely as a conduit for transferring your email templates and related data to your chosen ESP. MiN8T does not send emails on your behalf. The delivery, rendering, and compliance of emails sent through an ESP are governed by that ESP's terms and capabilities. MiN8T bears no responsibility for email deliverability, bounce rates, spam classification, or any actions taken by an ESP with respect to your content.

10.4 List Synchronization

Certain integrations may allow synchronization of subscriber lists between your ESP and the Service for purposes such as personalization, merge tag mapping, or list cleaning. You warrant that any subscriber data synchronized through the Service has been collected in compliance with applicable data protection laws and that you have all necessary consents for such data processing.

10.5 Disconnect Rights

You may disconnect any ESP integration at any time through the Service's integration settings. Upon disconnection, MiN8T will cease accessing your ESP account and will delete any cached ESP credentials within twenty-four (24) hours. Previously exported templates will remain in your ESP account and are governed by that ESP's terms.

11. AI Features

11.1 AI-Powered Capabilities

The Service includes artificial intelligence features, including but not limited to email content generation, subject line optimization, image recommendation, design layout suggestions, and the AI Email Builder. These features are provided as productivity tools to assist your creative process.

11.2 No Accuracy Guarantee

AI-generated content is provided "as is" without any warranty of accuracy, completeness, appropriateness, or fitness for a particular purpose. AI models may produce content that is factually incorrect, biased, nonsensical, or otherwise unsuitable for your intended use. MiN8T does not guarantee that AI output will be free of errors or meet your specific requirements.

11.3 User Review Obligation

You are solely responsible for reviewing, editing, and approving all AI-generated content before incorporating it into your email templates or distributing it to recipients. By using AI features, you acknowledge that the final responsibility for all Content rests with you, regardless of whether it was generated in whole or in part by AI.

11.4 Prompt & Input Privacy

Prompts, instructions, and inputs you provide to AI features are processed in real time to generate responses and are not persistently stored by MiN8T after the generation session concludes. AI inputs are not used to train models. For more information on how we handle data in connection with AI features, please see our Privacy Policy.

11.5 Model Limitations

AI features are powered by third-party language models and are subject to the inherent limitations of such technology. Availability, response quality, and capabilities may vary and are subject to change as underlying models are updated. MiN8T reserves the right to modify, replace, or discontinue AI features at any time with reasonable notice.

12. Deliverability Tools

12.1 List Cleaner

The MiN8T List Cleaner service allows you to verify email addresses for validity, deliverability, and risk classification. List cleaning results are advisory in nature and do not guarantee email deliverability or inbox placement. The service processes email addresses to identify invalid syntax, known disposable domains, role-based addresses, and potential spam traps, but results may contain false positives or false negatives.

12.2 DMARC Monitoring

MiN8T's DMARC monitoring tool provides informational reports about your domain's email authentication status, including SPF, DKIM, and DMARC alignment. DMARC monitoring results are provided for informational purposes only and do not constitute legal, compliance, or security advice. You should consult qualified professionals for guidance on email authentication implementation and compliance requirements specific to your organization.

12.3 Credit System

List cleaning and certain DMARC monitoring features consume PAYG Credits. Credit usage rates are published on the MiN8T pricing page and may be updated with thirty (30) days' notice. Credits are deducted at the time of processing, and partial credits are not refunded for individual operations.

12.4 Auto-Sync

Where you have connected an ESP integration, list cleaning results may be optionally synchronized back to your ESP to update subscriber status. Auto-sync must be explicitly enabled by you, and you are responsible for understanding how status changes affect your ESP sending behavior.

12.5 Data Retention

List cleaning results and DMARC monitoring reports are retained for ninety (90) days from the date of generation, after which they are automatically deleted. You may export or download results at any time during the retention period. You may also request early deletion at any time.

13. Asset Library & Storage

13.1 Upload Limits

The Service provides cloud-based storage for email assets. Storage limits vary by subscription plan. Free Tier accounts receive limited storage, while Paid Plans offer expanded capacity as described on the pricing page. Individual file uploads are subject to per-file size limits as specified in the Service documentation.

13.2 Supported Formats

The Asset Library supports common image formats including JPEG, PNG, GIF, SVG, and WebP. Additional file types may be supported for specific use cases. MiN8T reserves the right to reject uploads that do not conform to supported formats, exceed size limits, or appear to contain malicious content.

13.3 CDN Delivery

Assets uploaded to the Service are stored and delivered via a content delivery network (CDN) to optimize loading performance in email clients. CDN URLs generated for your assets may be used within email templates but should not be used as a general-purpose image hosting service outside the context of emails created with the Service.

13.4 Availability

While MiN8T strives to maintain high availability for hosted assets, no guarantee of uptime or uninterrupted access is provided. CDN availability is subject to third-party infrastructure performance. MiN8T recommends maintaining local backups of all critical assets.

13.5 Copyright Responsibility

You are solely responsible for ensuring that all assets you upload to the Service do not infringe the intellectual property rights of any third party. MiN8T does not review uploaded assets for copyright compliance but will respond to valid takedown requests in accordance with Section 25 (Notice & Takedown) of these Terms.

14. Plugin SDK & API

14.1 API Key Management

Access to MiN8T's APIs requires authentication via API keys issued through your Account. API keys are confidential credentials and must be protected as you would protect passwords. You must not embed API keys in client-side code, public repositories, or any publicly accessible location. MiN8T is not responsible for unauthorized access resulting from compromised API keys.

14.2 Rate Limits

API access is subject to rate limits that vary by subscription plan and endpoint. Current rate limits are documented in the MiN8T API documentation. Exceeding rate limits may result in temporary throttling or suspension of API access. If your use case requires higher limits, contact sales@min8t.com to discuss Enterprise options.

14.3 Plugin SDK Embedding License

The Plugin SDK allows authorized developers to embed MiN8T's email editor within third-party applications. Use of the Plugin SDK is subject to the Plugin SDK License Agreement, which is available in the developer documentation and incorporated into these Terms by reference. The embedding license is limited to the scope and application approved during SDK registration.

14.4 White-Label Restrictions

White-label deployment of the MiN8T editor (removal of MiN8T branding, custom domain hosting, or presentation as a different product) is only available under an Enterprise plan with a separate white-label addendum. Any unauthorized white-label use is a material breach of these Terms.

14.5 API Versioning

MiN8T maintains versioned APIs to ensure stability for integrators. Deprecated API versions will be supported for a minimum of six (6) months after the announcement of deprecation. You are encouraged to migrate to the latest API version to benefit from new features and security improvements.

15. Team & Collaboration

15.1 Owner Responsibilities

Team owners are responsible for managing team membership, assigning roles, and ensuring that all team members comply with these Terms. The team owner is the primary point of contact for billing, account administration, and communications related to the team's use of the Service.

15.2 Role Permissions

The Service supports multiple role levels within a team, including Owner, Editor, and Viewer. Each role carries different permissions regarding template creation, editing, deletion, asset management, integration configuration, and administrative settings. Role definitions and permissions are documented in the Service's help center and may be updated from time to time.

15.3 Member Data Access

Team members may have access to shared templates, modules, assets, and workspace settings based on their assigned role. Team owners should carefully manage role assignments to ensure that sensitive Content and configurations are accessible only to authorized members. MiN8T is not responsible for unauthorized access resulting from misconfigured role permissions.

15.4 Workspace Deletion

A team owner may delete a workspace, which will permanently remove all templates, modules, assets, and settings associated with that workspace. MiN8T will provide at least fourteen (14) days' advance notice to all team members before a workspace deletion is finalized, during which time members may export their Content. Once deletion is complete, data cannot be recovered.

16. Data Handling & Privacy

Your privacy is important to MiN8T. Our collection, use, and disclosure of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in the Privacy Policy.

16.1 GDPR & CCPA Compliance

MiN8T is committed to compliance with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable data protection laws. Where MiN8T processes personal data on your behalf as a data processor, we will enter into a Data Processing Agreement (DPA) upon request.

16.2 Data Portability

You have the right to export your data from the Service at any time. The Service provides export functionality for templates (HTML and JSON formats), assets (original file formats), subscriber lists (CSV), and account data. Enterprise customers may request bulk data export through their account manager.

16.3 Deletion Upon Account Closure

Upon closure of your Account, MiN8T will delete your personal data and Content within thirty (30) days, unless retention is required by law or for legitimate business purposes (such as fraud prevention or dispute resolution). Anonymized and aggregated data that cannot be used to identify you may be retained for analytics and service improvement purposes.

17. End User Opt-In/Opt-Out Requirements

If you use the Service to create email templates that will be sent to recipients through an ESP or other delivery mechanism, you agree to comply with all applicable opt-in and opt-out requirements:

• Consent: You must have valid, verifiable consent from each recipient before sending marketing or promotional emails. Consent must be freely given, specific, informed, and unambiguous.
• Double Opt-In (Recommended): MiN8T strongly recommends implementing double opt-in (confirmed opt-in) for all subscriber lists. While not required by all jurisdictions, double opt-in provides the strongest evidence of consent and is required under certain regulations (e.g., German implementation of GDPR).
• Unsubscribe Mechanism: Every marketing or promotional email must include a clear, conspicuous, and functional unsubscribe mechanism. Unsubscribe requests must be honored within ten (10) business days as required by CAN-SPAM, or without undue delay as required by GDPR.
• No Purchased or Scraped Lists: You must not use the Service in connection with email lists that have been purchased, rented, borrowed, or harvested from third-party sources without the explicit consent of the individuals on such lists.
• Record Keeping: You are responsible for maintaining records of consent for all recipients, including the date, method, and scope of consent obtained.

Violation of these requirements may result in immediate suspension of your Account under Section 8 (Monitoring & Suspension).

18. Compliance With Laws

You agree to comply with all applicable laws, regulations, and industry standards in connection with your use of the Service. Without limitation, you are responsible for compliance with the following:

• CAN-SPAM Act (United States): Requirements for commercial email, including accurate header information, clear identification of advertising, valid physical postal address, and functional unsubscribe mechanism.
• General Data Protection Regulation (GDPR) (European Union): Requirements for processing personal data of individuals in the EU/EEA, including lawful basis for processing, data subject rights, data protection impact assessments, and cross-border transfer restrictions.
• California Consumer Privacy Act (CCPA): Requirements regarding the collection, use, and sale of personal information of California residents, including disclosure obligations and consumer rights.
• Canada's Anti-Spam Legislation (CASL): Requirements for sending commercial electronic messages to Canadian recipients, including express or implied consent requirements and identification obligations.
• Privacy and Electronic Communications Regulations (PECR) (United Kingdom): Requirements for electronic marketing communications to individuals in the UK, including consent requirements and cookie regulations.
• Export Control Laws: You must not use the Service in violation of any applicable export control, trade sanctions, or embargo regulations, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce's Bureau of Industry and Security.

MiN8T provides tools and features to assist with compliance (such as unsubscribe link blocks and physical address blocks), but the ultimate responsibility for compliance rests with you.

19. Third-Party Services

The Service integrates with or relies upon various third-party services, including but not limited to:

• Stripe, Inc.: Payment processing for subscriptions and PAYG Credit purchases. Your use of Stripe is governed by Stripe's Terms of Service.
• Email Service Providers: Over 108 ESP integrations including Mailchimp, SendGrid, Amazon SES, Brevo, Klaviyo, Campaign Monitor, ActiveCampaign, HubSpot, Constant Contact, and others. Each ESP integration is governed by that provider's terms.
• Social Login Providers: Authentication via Google, GitHub, or other OAuth providers. Use of social login is subject to the respective provider's terms and privacy policies.
• Email Rendering & Testing: Integration with third-party email preview and testing services for cross-client rendering validation.
• AI Model Providers: AI features are powered by third-party large language model providers. Your use of AI features is subject to the limitations and disclaimers set forth in Section 11 (AI Features).

MiN8T is not responsible for the availability, accuracy, or reliability of third-party services. Outages, changes, or discontinuation of third-party services may affect the functionality of certain features of the Service. MiN8T will use reasonable efforts to notify you of material third-party service disruptions that affect your use of the Service.

20. Service Availability & Modifications

20.1 Uptime

MiN8T uses commercially reasonable efforts to maintain the availability of the Service. However, the Service is provided without any uptime guarantee unless a separate Service Level Agreement (SLA) has been executed as part of an Enterprise plan. Planned maintenance will be scheduled during low-usage periods where feasible, and you will receive at least twenty-four (24) hours' advance notice of planned maintenance that may affect Service availability.

20.2 Feature Modifications

MiN8T continuously improves and evolves the Service. We may add, modify, or remove features at any time. Where a modification materially reduces the functionality of a feature included in your subscription plan, MiN8T will provide at least thirty (30) days' advance notice. If such a modification renders the Service materially unsuitable for your needs, you may terminate your subscription and receive a prorated refund for any prepaid but unused subscription period.

20.3 API Versioning & Deprecation

MiN8T maintains versioned APIs and will provide at least six (6) months' notice before deprecating any API version. During the deprecation period, both the deprecated and replacement API versions will be available. Migration guides will be provided for all API version transitions.

21. Representations & Warranties

21.1 Your Representations

You represent and warrant that:

• You have the legal authority to enter into these Terms and to bind any entity on whose behalf you are acting.
• All information you provide during registration and use of the Service is accurate, current, and complete.
• All Content you create, upload, or transmit through the Service is lawful, does not violate any third-party rights, and complies with applicable laws and regulations.
• You own or have all necessary rights, licenses, and permissions for all assets you upload to the Service, including images, fonts, logos, and other media.
• Your use of ESP integrations complies with the applicable ESP's terms of service and acceptable use policies.

21.2 MiN8T's Commitment

MiN8T warrants that it will use reasonable commercial efforts to provide the Service in a professional and workmanlike manner, consistent with generally accepted industry standards. MiN8T will use reasonable efforts to maintain the security and integrity of your data in accordance with our Privacy Policy.

21.3 "AS IS" Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 21.2, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. MiN8T EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MiN8T DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICE.

22. Limitation of Liability

22.1 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MiN8T'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO MiN8T DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE TIER USERS, MiN8T'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

22.2 Exclusion of Indirect Damages

IN NO EVENT SHALL MiN8T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF MiN8T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.3 No ESP Delivery Liability

MiN8T is not liable for any damages, losses, or claims arising from the delivery, non-delivery, rendering, or performance of emails sent through third-party ESPs. This includes, without limitation, claims related to email deliverability, spam classification, bounce rates, blacklisting, or any actions taken by an ESP or inbox provider with respect to your emails.

22.4 Force Majeure

MiN8T shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, power failures, internet or telecommunications outages, cyberattacks, and failures of third-party service providers.

23. Indemnification

You agree to indemnify, defend, and hold harmless MiN8T, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your Content: Any claim that Content you created, uploaded, or transmitted through the Service infringes, misappropriates, or violates any third-party right, including intellectual property rights, privacy rights, or publicity rights.
• Acceptable Use Policy Violations: Your breach of the Acceptable Use Policy set forth in Section 7, including any claims arising from spam, phishing, malware distribution, or other prohibited activities conducted through the Service.
• Intellectual Property Claims: Any claim that your use of the Service, including your templates, assets, or integrations, violates the intellectual property rights of a third party.
• Email Violations: Any claim arising from emails you send using templates created through the Service, including violations of CAN-SPAM, GDPR, CASL, PECR, or any other applicable anti-spam, data protection, or electronic communications law.
• Third-Party Claims: Any claim brought by a third party (including an ESP, email recipient, or regulatory authority) related to your use of the Service or your failure to comply with these Terms.

MiN8T will provide you with prompt notice of any such claim and will cooperate reasonably in the defense of such claim at your expense. MiN8T reserves the right to assume exclusive control of the defense of any claim subject to indemnification, at your expense.

24. Restricted Persons & Export Controls

You represent and warrant that you are not (a) located in, a resident of, or a national of any country subject to comprehensive U.S. economic sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) listed on any U.S. government restricted persons list, including the Specially Designated Nationals and Blocked Persons List (SDN List) maintained by the Office of Foreign Assets Control (OFAC), the Entity List maintained by the Bureau of Industry and Security, or any similar list maintained by any other applicable government authority; or (c) owned or controlled by any person or entity described in (a) or (b).

You agree not to use the Service in any manner that would violate any applicable export control, trade sanctions, or embargo regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). You will not export, re-export, or transfer any data, software, or technical information obtained through the Service to any prohibited destination, person, or entity without first obtaining all required government authorizations.

If MiN8T determines that your use of the Service may violate export control or sanctions laws, MiN8T may immediately suspend or terminate your Account without prior notice.

25. Notice & Takedown

25.1 DMCA Compliance

MiN8T respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that Content available through the Service infringes your copyright, you may submit a takedown notice to MiN8T's designated copyright agent.

25.2 Designated Agent

DMCA takedown notices should be sent to MiN8T's designated copyright agent at:

• Email:legal@min8t.com
• Subject Line: DMCA Takedown Notice

A valid takedown notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the infringing material and information sufficient to locate it; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.

25.3 Counter-Notification

If you believe your Content was removed in error, you may submit a counter-notification to the designated agent above. A valid counter-notification must include: (a) identification of the removed material and its prior location; (b) a statement under penalty of perjury that the material was removed by mistake or misidentification; (c) your name, address, and telephone number; (d) consent to jurisdiction of the federal court in your district (or, if outside the U.S., the District of Delaware); and (e) your physical or electronic signature.

25.4 Repeat Infringer Policy

MiN8T maintains a policy of terminating the accounts of users who are repeat infringers of intellectual property rights. An account that receives three (3) or more valid takedown notices within any twelve (12) month period will be considered a repeat infringer and may be permanently terminated.

26. Marketing

26.1 Customer Reference

MiN8T may include your company name in general customer lists (for example, "Trusted by 500+ companies"). You may opt out of such inclusion at any time by contacting sales@min8t.com.

26.2 Case Studies

MiN8T may invite you to participate in case studies, testimonials, or success stories. Participation is entirely voluntary. No case study or testimonial will be published without your prior written approval of the final content.

26.3 Logo Usage

MiN8T will not use your company logo or trademarks in any marketing materials without your prior written permission. Such permission may be revoked at any time by providing written notice to sales@min8t.com, and MiN8T will remove the logo within thirty (30) days of receiving such notice.

27. Government Customers

If you are a United States federal, state, or local government entity, or a government contractor, the following modifications apply:

• Modified Terms: Certain provisions of these Terms, including the arbitration clause in Section 29, indemnification obligations in Section 23, and governing law provisions, may be modified to the extent required by applicable government procurement regulations, including the Federal Acquisition Regulation (FAR) and applicable agency supplements.
• No Arbitration: The mandatory arbitration and class action waiver provisions in Section 29 do not apply to government customers to the extent prohibited by applicable law.
• Procurement Compliance: MiN8T acknowledges that government customers may be subject to procurement regulations that impose additional terms and conditions. To the extent such regulations conflict with these Terms, the parties will negotiate in good faith to resolve the conflict while preserving the commercial intent of these Terms.
• FOIA: MiN8T acknowledges that government customers may be subject to the Freedom of Information Act (FOIA) or equivalent state public records laws. Information provided by MiN8T that constitutes confidential commercial information or trade secrets will be marked as such, and MiN8T reserves the right to be notified before any disclosure under FOIA to assert applicable exemptions.

Government customers seeking to use the Service should contact sales@min8t.com to discuss any required modifications to these Terms.

28. Termination

28.1 Cancellation by You

You may cancel your Account and terminate these Terms at any time through your Account settings or by contacting legal@min8t.com. Upon cancellation, your subscription will remain active until the end of the current billing period. After the billing period ends, your Account will be downgraded to a limited state, and you will have thirty (30) days to export your data before deletion begins.

28.2 Suspension for AUP Violations

MiN8T may suspend your access to the Service, in whole or in part, at any time if MiN8T reasonably believes that you have violated the Acceptable Use Policy or any other provision of these Terms. Suspension will be carried out in accordance with the enforcement process described in Section 8 (Monitoring & Suspension).

28.3 Data Export Window

Following termination or cancellation of your Account (other than termination for fraud or illegal activity), MiN8T will provide a thirty (30) day data export window during which you may download your templates (HTML and JSON), assets, and account data. After this window closes, MiN8T will delete your data in accordance with its data retention policies and the Privacy Policy.

28.4 Immediate Termination for Fraud

MiN8T reserves the right to immediately terminate your Account without notice or a data export window in cases involving: (a) fraud or criminal activity; (b) distribution of malware; (c) creation of phishing content; (d) violation of export control or sanctions laws; or (e) any activity that poses an immediate threat to the security or integrity of the Service or other users.

28.5 Survival

Sections 6 (User Content & IP), 7 (AUP), 21 (Warranties), 22 (Limitation of Liability), 23 (Indemnification), 24 (Export Controls), 29 (Dispute Resolution), and 30 (Miscellaneous) shall survive the termination of these Terms.

29. Dispute Resolution

29.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

29.2 Mandatory Arbitration

Except as provided in Section 29.4, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware, or at a location mutually agreed upon by the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

29.3 Arbitration Opt-Out

You may opt out of the mandatory arbitration provision by sending a written notice to legal@min8t.com within thirty (30) days of first accepting these Terms. The notice must include your name, Account email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved through litigation in the state or federal courts located in Wilmington, Delaware, and you consent to the personal jurisdiction of such courts.

29.4 Small Claims Exception

Either party may bring an individual action in small claims court for disputes within the jurisdiction of such court, provided the action is brought in the county where you reside or in New Castle County, Delaware.

29.5 Class Action Waiver

YOU AND MiN8T AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND MiN8T AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

30. Miscellaneous

30.1 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental terms referenced herein, constitute the entire agreement between you and MiN8T with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the Service.

30.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

30.3 No Waiver

MiN8T's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of MiN8T.

30.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without MiN8T's prior written consent. MiN8T may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms. Any attempted assignment in violation of this section shall be null and void.

30.5 Notices

All notices required or permitted under these Terms shall be in writing. Notices to you will be sent to the email address associated with your Account and are deemed received when sent. Notices to MiN8T should be sent to legal@min8t.com and are deemed received when actually received by MiN8T.

30.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

31. Additional Terms

Certain features of the Service may be subject to supplemental terms and conditions ("Supplemental Terms"). Supplemental Terms are incorporated into these Terms by reference and are binding upon your use of the applicable feature. In the event of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms shall control with respect to the applicable feature.

Supplemental Terms may apply to, but are not limited to, the following:

• Plugin SDK License Agreement: Additional terms governing the use of the MiN8T embeddable editor SDK, including permitted deployment scenarios, branding requirements, and technical restrictions.
• Enterprise Service Level Agreement (SLA): Uptime commitments, support response times, and remedies for service level breaches applicable to Enterprise plan customers.
• Data Processing Agreement (DPA): Terms governing MiN8T's processing of personal data on your behalf in compliance with GDPR and other applicable data protection regulations.
• Beta Program Terms: Terms governing access to pre-release features, including limitations on support, stability, and data retention for beta features.
• AI Acceptable Use Addendum: Additional restrictions and guidelines for the use of AI-powered features, including prohibited prompt categories and content generation limitations.
• White-Label Addendum: Terms governing the removal or replacement of MiN8T branding in the Plugin SDK, available exclusively to Enterprise plan customers.

Supplemental Terms will be presented to you before you access the applicable feature and will require your explicit acceptance.

32. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or the MiN8T platform, please contact us using the information below:

• General Legal Inquiries:legal@min8t.com
• Sales & Enterprise:sales@min8t.com
• Technical & Security Issues:CTO@min8t.com
• Phone: +1 306 250-5020
• Mailing Address:
  MiN8T Inc.
  1209 Orange Street
  Wilmington, DE 19801
  United States

For DMCA takedown notices, please refer to Section 25 (Notice & Takedown) and direct your notice to legal@min8t.com with the subject line "DMCA Takedown Notice."

We aim to respond to all inquiries within five (5) business days.