Draft — pending legal review. This document has not yet been reviewed by a lawyer and may change before it takes effect.
Terms of Service
These terms are the agreement between you and Carnage Group Pty Ltd (ABN 85 701 211 823), an Australian company that operates MailWarren ("we", "us"), about your use of MailWarren at mailwarren.io and any related SMTP, API and MCP services (the "Service"). By creating an account or using the Service you agree to them. If you don't agree, please don't use the Service.
1. What MailWarren is
MailWarren is an email sandbox for developers. Your applications send test email to a MailWarren SMTP address, and MailWarren captures it so you can inspect it instead of it reaching real people. Paid features also let you send real email from domains you have verified, through our Send API or SMTP relay, using Amazon SES.
2. Who can use it
- You must be at least 18 and able to enter a binding contract.
- If you sign up for or on behalf of an organisation, you confirm you have authority to bind it, and "you" includes that organisation.
- The Service is intended for software development and testing, not for personal, family or household purposes. (Australian Consumer Law protections still apply where they do — see section 12.)
3. Your account
- Give accurate information and keep it up to date. You may need to verify your email address to use some features.
- Two-factor authentication is required for some accounts and roles, including organisation owners and administrators.
- You are responsible for everything done with your account, passwords and API/MCP keys. Keep them secret and tell us straight away at support@mailwarren.io if you think they've been compromised.
- Organisation accounts are tied to the owner's email domain. Owners and administrators decide who is invited and what they can do.
4. Plans, prices and payment
- MailWarren has a free plan and paid plans. Each plan has limits — for example on captured emails per month, how long messages are kept, team seats and keys — shown on the pricing section of our website and on your Account page.
- Prices are in US dollars. If GST, VAT or another tax applies to your purchase, it is added or shown before you pay.
- Paid plans are billed monthly in advance through Stripe and renew automatically until you cancel. You authorise us (through Stripe) to charge your payment method each period.
- Changes you make in the billing portal (for example upgrading) may be charged or credited pro rata, as shown in the portal before you confirm.
- We may change the price or features of a plan for new customers at any time. If you are already subscribed, you keep the price and limits you signed up to unless we give you at least 30 days' notice of a change; you may cancel before it takes effect.
- Enterprise and some other plans are set up by our team and may be covered by a separate written agreement. If it conflicts with these terms, that agreement prevails.
- If a payment fails we may retry it, notify you, and (after reasonable notice) move your account to the free plan or suspend paid features.
5. Sending real email
- You may send only from domains you own or control and have verified with us. Sending uses prepaid credit or your plan's allowance as shown on the Sending Domains page.
- Sending is subject to the Acceptable Use Policy and to our sending limits. We may review your first sends, throttle or pause sending, or suspend it to protect our sender reputation and other customers, and we may be required to do so by Amazon Web Services.
- You are responsible for having the right to email your recipients and for complying with anti-spam and privacy laws (see the Acceptable Use Policy).
6. Cancelling and refunds
You can cancel at any time. If you cancel a paid subscription before its first renewal, you can have that first payment refunded. The full rules are in our Cancellation & Refunds page, which forms part of these terms.
7. Your content and captured email
- "Your Content" means everything you or your applications send to or through the Service, including captured emails and their attachments, and the details of your projects, domains and users.
- You keep all rights in Your Content. You give us a licence to store, process, display and transmit it as needed to provide and secure the Service and as these terms allow.
- We don't read Your Content except where needed to provide the Service, respond to a support request you make, investigate abuse or a security issue, or comply with law.
- Captured emails are kept for the retention period of your plan and then deleted automatically. You can also delete them yourself. Once deleted, we cannot recover them.
- Please use test data. If Your Content includes personal information about other people (for example real customers' addresses), you are responsible for having the right to send it to us and for telling those people as the law requires. Do not send sensitive data such as payment card numbers, health records or government ID numbers. Our Data Processing Addendum applies to personal data in Your Content.
- After you cancel or your account is closed we will delete Your Content within a reasonable time, subject to what the law requires us to keep.
8. Acceptable use
You must follow the Acceptable Use Policy, which forms part of these terms.
9. Our property
We own the Service, our software, branding and documentation. We give you a limited, non-exclusive, non-transferable right to use the Service while your account is in good standing. You may not copy, resell, reverse engineer or interfere with the Service except as the law allows. If you give us feedback we may use it without obligation to you. MailWarren is not affiliated with Mailtrap or any other similar product.
10. Availability and changes to the Service
We work to keep the Service available and to fix problems promptly, but we don't promise it will be uninterrupted or error-free, and we do not offer an uptime guarantee unless your written agreement with us says so. We may add, change or remove features, and will give reasonable notice of a change that materially reduces what you've paid for.
11. Suspension and termination
- You may close your account at any time from your Account page or by contacting us. Export anything you need first.
- We may suspend or terminate your access, with notice where practical, if you breach these terms or the Acceptable Use Policy, if we reasonably believe your use puts the Service, other customers or third parties at risk, if a payment is overdue, or if the law requires. We may act immediately without notice where there is serious abuse or risk.
- Sections that by their nature should continue (for example intellectual property, liability, payment owed and governing law) survive termination.
12. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If you are a consumer under that law, you are entitled to have the services re-supplied or to a refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services re-supplied if they are not of acceptable quality and the failure does not amount to a major failure. Nothing in these terms limits those rights.
Where the Service is not ordinarily acquired for personal, domestic or household use and a guarantee is breached, to the extent the law allows our liability is limited, at our option, to supplying the Service again or paying the cost of having it supplied again.
13. Limits on liability
Subject to section 12 and to anything the law does not allow us to limit:
- the Service is provided "as is", and we exclude all warranties, conditions and guarantees not expressly stated in these terms;
- we are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, or business interruption; and
- our total liability to you for all claims arising out of the Service in any 12-month period is limited to the amount you paid us in that period (or US$100 if you paid nothing).
Nothing in these terms excludes or limits liability for fraud, death or personal injury caused by negligence, or anything else that cannot lawfully be excluded.
14. If your use causes a claim against us
You are responsible for Your Content and for how you use the Service. You agree to compensate us for reasonable losses and costs from a third-party claim to the extent it arises from your breach of these terms, the Acceptable Use Policy or the law, or from Your Content, except to the extent we caused the loss.
15. Privacy
Our Privacy Policy explains how we handle personal information. For personal data that is contained in Your Content, we act on your instructions as set out in the Data Processing Addendum.
16. Changes to these terms
We may update these terms. For a material change we will give you at least 30 days' notice by email or in the Service before it takes effect. If you don't accept it you may cancel before then (see the refund page); continuing to use the Service after that date means you accept the new terms. Changes required by law may take effect sooner.
17. Notices and contact
We may send notices to the email address on your account or show them in the Service. Send notices and questions to support@mailwarren.io.
18. Governing law and disputes
These terms are governed by the laws of Western Australia, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place. If you have a complaint, please email us first so we can try to resolve it; this does not stop you from going to a court or regulator, and it does not limit any right you have under the Australian Consumer Law or where you live.
19. General
These terms (with the pages they refer to) are the whole agreement about the Service. If a part is unenforceable the rest continues. Not enforcing a right is not a waiver of it. You may not transfer your rights without our consent; we may transfer ours as part of a sale or reorganisation of our business. We are not liable for delay or failure caused by events beyond our reasonable control.