Terms of Service

1.1. Service Provider: Woodst B.V., trading under the trade name Maillog.nl, established in the Netherlands, hereinafter referred to as “Maillog”.

1.2. Customer: The natural person or legal entity that creates an account and uses the email infrastructure (API or SMTP) of Maillog.

1.3. These Terms of Service (ToS) apply to any use of the platform. Deviations are only valid if expressly accepted by Maillog in writing.

2.1. To use the Service, the Customer must create an account and safeguard the security of their API keys. The Customer is fully responsible for all activities that take place under their account.

2.2. The Maillog Acceptable Use Policy (AUP) is an inseparable part of this agreement. Using the Service to send spam, unsolicited bulk email or illegal content is strictly prohibited.

2.3. Maillog reserves the right to pause or permanently terminate an account without prior warning if the thresholds set in the AUP (such as maximum bounce or complaint rates) are exceeded.

3.1. Services are invoiced according to the current pricing model published on the Maillog website, based on a monthly or yearly subscription and/or usage (pay-as-you-go).

3.2. If an account is terminated or suspended due to a violation of the Acceptable Use Policy, no refund will be given of subscription fees already charged or paid in advance.

3.3. Maillog reserves the right to change prices unilaterally. Existing customers will be notified at least 30 days before the effective date.

4.1. Maillog delivers the email API on the basis of a “best-effort” obligation. Although we strive for maximum availability, we do not offer guarantees regarding API uptime for standard accounts, unless expressly agreed otherwise in an Enterprise SLA.

4.2. No guarantee of inbox placement: Successful delivery (deliverability) depends heavily on factors outside the influence of Maillog, including spam filters of receiving email providers, the quality of the Customer’s email list and the Customer’s domain reputation. Maillog can never be held liable for emails that are marked as spam or rejected by receiving servers.

5.1. The liability of Maillog for direct damage, from whatever cause, is per event limited to a maximum of the amount the Customer paid in the preceding twelve (12) months for the Service in question.

5.2. Liability of Maillog for indirect damage, consequential damage, lost profit, missed savings, reputational damage, loss of (business) data or damage due to business stagnation is in all cases expressly excluded.

5.3. The Customer indemnifies Maillog against all claims of third parties related to the content sent by the Customer, including claims relating to infringement of intellectual property rights, privacy violations, or violations of anti-spam legislation.

6.1. When processing personal data, the Customer acts as Data Controller and Maillog as Data Processor. The terms of this data processing are exclusively laid down in the Data Processing Addendum (DPA), which is attached as an annex to this agreement and forms an inseparable part of it.

7.1. These Terms of Service, as well as all agreements and disputes arising from them, are governed exclusively by Dutch law.

7.2. All disputes related to this agreement will be submitted exclusively to the competent court of the Rechtbank Noord-Nederland (District Court of Northern Netherlands).

7.3. Should any provision in these terms prove to be null or voidable, the remaining provisions remain in full force and the parties will replace the invalid provision with a valid provision that approximates the intent and purpose of the original provision as closely as possible.