Terms of Service

1. Agreement to Terms

By downloading, installing, or using MaSender software ("the Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software.

2. Description of Service

MaSender is an email marketing software application that allows users to:

• Compose and send bulk emails
• Manage email templates and contact lists
• Connect to SMTP email services
• Track email delivery status

The Software operates locally on your device and requires a valid license key for full functionality.

3. License and Payment

3.1 License Purchase

• License keys are sold for $13.99 USD through Gumroad, our authorized payment processor
• Payment processing is handled by Gumroad according to their terms and conditions
• All sales are final - no refunds will be provided except as required by applicable law
• License keys are delivered electronically after successful payment

3.2 License Validity

• Each license is valid for unlimited personal or commercial use
• License includes free updates for the lifetime of the software
• License can be used on multiple devices owned by the same user/organization
• License keys cannot be shared, resold, or transferred without written permission

4. Acceptable Use

4.1 Legal Compliance

You must comply with all applicable laws including but not limited to:

• CAN-SPAM Act (US): Include proper identification, subject lines, and opt-out mechanisms
• GDPR (EU): Obtain proper consent and handle personal data lawfully
• CASL (Canada): Obtain consent for commercial electronic messages
• Local Privacy Laws: Comply with applicable data protection regulations in your jurisdiction

4.2 Prohibited Uses

You may NOT use MaSender for:

• Sending spam, unsolicited emails, or emails without proper consent
• Phishing, fraud, or any malicious activities
• Distributing malware, viruses, or harmful content
• Harassing, threatening, or defaming individuals or organizations
• Violating intellectual property rights
• Any illegal activities or activities that violate third-party rights

4.3 Email Content Responsibility

• You are solely responsible for all email content sent through MaSender
• You must obtain proper consent from recipients before sending emails
• You must provide clear opt-out mechanisms in your emails
• You must maintain accurate records of consent and opt-outs

5. Privacy and Data

5.1 Our Data Practices

• We do not store, read, or access your email content or recipient lists
• All email operations are performed locally on your device
• We only collect minimal data necessary for license activation and support
• See our Privacy Policy for complete details

5.2 Your Data Responsibilities

• You are responsible for securing your device and email credentials
• You must comply with privacy laws regarding recipient data
• You must backup your data - we are not responsible for data loss

6. Limitations and Disclaimers

6.1 Service Availability

• The Software is provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free operation
• Email delivery depends on third-party services and networks
• We are not responsible for email delivery failures

6.2 Limitation of Liability

7. Account Suspension and Termination

7.1 Termination Rights

• We reserve the right to suspend or terminate licenses for Terms violations
• You may terminate your use of the Software at any time by uninstalling it
• Termination does not entitle you to a refund

7.2 Effect of Termination

• Upon termination, you must cease all use of the Software
• You must delete all copies of the Software from your devices
• Sections regarding limitations, disclaimers, and governing law survive termination

8. Intellectual Property

• MaSender and all related intellectual property rights belong to AYOUB MAMOUNI
• You receive a license to use the Software, not ownership
• You may not reverse engineer, decompile, or create derivative works
• You may not remove or modify copyright notices or license information

9. Updates and Modifications

9.1 Software Updates

• We may release updates, patches, or new versions
• Updates are provided free of charge to licensed users
• Some updates may be required for continued functionality

9.2 Terms Modifications

• We reserve the right to modify these Terms at any time
• Changes will be posted on our website with an updated effective date
• Continued use after changes constitutes acceptance of modified Terms
• Material changes will be communicated through the Software or our website

10. Governing Law and Disputes

• These Terms are governed by the laws of the jurisdiction where AYOUB MAMOUNI is located
• Any disputes will be resolved through binding arbitration or in courts of competent jurisdiction
• You waive any right to participate in class action lawsuits

11. Severability and Entire Agreement

• If any provision of these Terms is found unenforceable, the remainder remains in effect
• These Terms constitute the entire agreement between you and AYOUB MAMOUNI
• These Terms supersede any previous agreements or understandings

12. Third-Party Services

• MaSender integrates with third-party email services (Gmail, Outlook, etc.)
• Your use of third-party services is subject to their terms and conditions
• We are not responsible for third-party service availability or policies
• Payment processing through Gumroad is subject to Gumroad's terms