Terms of Service

Acceptance of these terms

By accessing our website or signing a proposal with us, you confirm that you have read and agree to these Terms and have the authority to enter into them on behalf of your business. If you do not agree, please do not use our site or our services.

Our services

Mailverse is an email and SMS marketing studio for ecommerce brands. We provide services such as lifecycle flow design, campaign strategy and production, creative design, copywriting, and the setup and management of marketing platforms. The details of what we will deliver for you are described in the proposal or statement of work for your project.

Engagement, scope, and estimates

Each engagement begins with a written scope that describes the work, timeline, and fees. Any estimates we provide are good-faith projections based on the information available at the time and are not guarantees of a specific outcome or result. Work outside the agreed scope is treated as a new request and may be quoted separately. We will not begin out-of-scope work without your approval.

Fees and payment

Fees are set out in your proposal and may be structured as a monthly retainer, a fixed project fee, or a combination. Unless stated otherwise, retainer fees are billed monthly in advance and project fees are billed according to the schedule in the proposal. Invoices are due within the period stated on the invoice. Late payments may pause active work and, where permitted, accrue reasonable interest. All fees are exclusive of applicable taxes.

Client responsibilities

To do our best work, we rely on you to:

• Provide timely access to the accounts, assets, and information we need.
• Review and approve drafts and deliverables within a reasonable time.
• Ensure the content and contact data you provide is accurate and lawfully collected.
• Comply with the rules of any platforms used and with applicable marketing and privacy laws.

Delays or incomplete information may affect timelines, and we are not responsible for outcomes caused by inaccurate data or content you supply.

Intellectual property and deliverables

On full payment for the relevant work, ownership of the final deliverables we create specifically for you - such as finished email and SMS designs and copy - transfers to you. We retain ownership of our pre-existing materials, tools, templates, processes, and know-how, and we may reuse general skills and non-confidential techniques on other projects. Unless you ask us not to, we may display non-confidential work in our portfolio and case studies.

Confidentiality

Each party may receive confidential information from the other during an engagement. Both parties agree to protect that information, use it only to perform the agreement, and not disclose it to third parties except to trusted providers who need it and are bound by similar obligations. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

Warranties and disclaimers

We will perform our services with reasonable skill and care in a professional manner. Beyond that, our website and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the site will be uninterrupted or error-free, or that any particular marketing result, revenue figure, or deliverability outcome will be achieved.

Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data, arising out of or relating to these Terms or our services. Our total liability for any claim relating to an engagement will not exceed the fees you paid us for the work giving rise to the claim in the three months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.

Termination

Either party may end an engagement by giving written notice as set out in the applicable proposal, or immediately if the other party materially breaches these Terms and does not cure the breach within a reasonable time. On termination, you will pay for all work completed and reasonable costs incurred up to the termination date, and we will hand over the deliverables you have paid for.

Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. The state and federal courts located in New York will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or our services, and each party consents to that jurisdiction.

Changes to these terms

We may update these Terms from time to time. When we do, we will post the revised version on this page and update the date above. Your continued use of our site or services after a change takes effect means you accept the updated Terms.

Contact us

Mailverse Media LLC
68 Jay Street, Suite 4, Brooklyn, NY 11201, USA
hello@mailverse.media