Terms of Service

1. The agreement

These terms are a contract between the customer (the team that opens the account — "you") and Mailway Ltd. (under registration), Budapest, Hungary ("Mailway", "we"). By creating an account or using the service you accept them. If you accept on behalf of a company, you confirm you are authorized to bind it. The Data Processing Agreement and the Privacy Policy form part of this agreement.

2. The service

Mailway is a smart gateway between your applications and your email providers: you send via SMTP or the HTTP API, and Mailway routes each message to the provider accounts you connect (bring-your-own-keys), with automatic failover, full observability, and archival. The current feature set, limits, and plan quotas are described in the documentation and on the pricing page; both are part of the service description.

Mailway relays your messages with byte-level fidelity — we do not alter content, inject tracking, or rewrite links. The narrow technical exceptions (such as recipient-header handling above a provider's recipient cap) are documented in the docs.

3. Accounts and teams

• Keep your registration details accurate and your credentials — passwords, SMTP credentials, API keys — confidential. Everything sent with your credentials counts as sent by you.
• Tell us promptly via the contact form if you suspect a compromise.
• Team admins control membership, roles, and data in their team; Mailway acts on the instructions of the team's authorized users.
• You must be at least 16 and using the service for business or development purposes.

4. Acceptable use

Mailway exists to deliver mail people want. You must not use it to send:

• unsolicited bulk email (spam) or mail to recipients who have not consented or with whom you have no legitimate relationship;
• phishing, malware, or deceptive content, including forged senders or misleading subject lines;
• content that is illegal under EU or Hungarian law, or that infringes third-party rights.

You are responsible for complying with the anti-spam and privacy laws that apply to your sending (GDPR, the ePrivacy rules, CAN-SPAM, CASL, and their equivalents), including honoring unsubscribes and suppression lists. Because Mailway is BYOK, your providers' own acceptable-use policies apply to your mail as well — a provider suspending your account is between you and the provider.

5. Bring your own keys

You connect your own provider accounts (for example Amazon SES, SendGrid, Mailgun) and warrant that you are entitled to use them. Mailway stores those credentials encrypted and uses them only to send your mail as configured. Provider fees, quotas, reputation, and compliance with provider terms remain your responsibility; Mailway is not liable for a provider's decisions, outages, or deliverability outcomes.

6. Plans, billing, and taxes

• Paid plans are billed as recurring subscriptions through Stripe, in the currency shown at checkout. Prices exclude VAT where applicable.
• Upgrades take effect immediately (prorated); cancellations take effect at the end of the current billing period. There are no refunds for partial periods unless the law requires them.
• Plan quotas (message volume, throughput, retention) are enforced by the platform. When a quota is exhausted, sending may be paused or held per the documented behavior of your plan — we alert you before and when it happens.
• We may change prices or plan composition with at least 30 days' notice; changes apply from your next billing period.
• Non-payment may lead to suspension after notice, and eventually termination.

7. Suspension

We may pause sending or suspend an account that breaches §4, materially threatens the platform, its users, or deliverability for others (for example sustained bounce or complaint spikes), or is required to be suspended by law. We use the least disruptive measure available — usually pausing specific mail or projects rather than the whole account — and we notify you unless the law prevents it.

8. Your data

Mail you relay through Mailway is yours. We process it only to provide the service, under the DPA. Message content is retained per your plan's retention window and then removed. On termination you can export your data during a 30-day wind-down, after which we delete it, subject to legal retention duties.

9. Intellectual property

Mailway and its software, design, and documentation remain ours; you get a non-exclusive, non-transferable right to use the service for the term of the agreement. Feedback you give us may be used to improve the product without obligation.

10. Warranties and disclaimers

We operate Mailway with care, on production-proven infrastructure, and we work in the open about its status — but the service is provided "as is", without a guaranteed uptime level or SLA at this stage. To the extent permitted by law we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Email delivery ultimately depends on third parties (your providers and the receiving mailbox operators) that we do not control.

11. Liability

To the extent permitted by law, neither party is liable for indirect or consequential damages, loss of profits, or loss of data, and our total aggregate liability under this agreement is capped at the fees you paid to Mailway in the 12 months before the event giving rise to the claim. Nothing in these terms limits liability that cannot be limited under applicable law (including liability for intentional misconduct or gross negligence under Hungarian law).

12. Indemnity

You will defend and indemnify Mailway against third-party claims arising from your mail content, your breach of §4 (acceptable use), or your violation of applicable law.

13. Term and termination

The agreement runs until terminated. You can terminate at any time by cancelling your subscription and deleting your account. We can terminate for material breach that remains uncured 14 days after notice, or with 30 days' notice if we discontinue the service. §8 (wind-down and deletion) survives termination.

14. Changes to these terms

We may update these terms; material changes are announced by email at least 30 days before they take effect. If you don't accept a change, terminate before it takes effect — continued use afterwards is acceptance.

15. Governing law

This agreement is governed by Hungarian law, excluding its conflict-of-law rules and the CISG. Disputes go to the competent courts of Budapest, Hungary. Mandatory consumer protections, where they apply, are unaffected.

16. Contact

hello@mailway.net or mailway.net/contact.