Terms and Conditions
Please note that your use of and access to our services (defined below) and website(s) are subject to
the following terms and; if you do not agree to all of the following, you may not use or access the services
and website(s) in any manner.
Mailbutler Terms of Use and Conditions
Outlined below are the Mailbutler GmbH, Akazienstr. 3a, 10823 Berlin, Germany („Mailbutler") Terms of Use and Conditions. You should carefully read this Terms of Use and Conditions („Terms") prior to using, installing, copying or duplicating any Mailbutler GmbH („Mailbutler") website(s), services and software products (collectively, the "Mailbutler", "Services" or "Software").
By creating an account, downloading, installing, or using the Services in any manner, you agree to be bound by these Terms. These Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy. If you do not agree with the Terms, do not install or use any Mailbutler Service. This Agreement applies to all versions of the Services and Software, whether current or obsolete, supported or unsupported. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at support@mailbutler.io.
For certain feature, such as Email Tracking, Mailbutler acts solely as a Data Processor, and you act as the Data Controller, as further detailed in the Privacy Policy.
Definitions
For the purposes of these Terms:
- Services means all Mailbutler software, applications, extensions, features, and websites provided by Mailbutler GmbH.
- User means any individual or entity using the Services.
- Customer Data means all data, content, or materials that you submit to, store in, or transmit through the Services.
- Recipient means any individual receiving an email sent by a User.
- Data Controller means the party determining the purposes and means of processing personal data.
- Data Processor means the party processing personal data on behalf of a Data Controller.
- Sub-processor means any third-party engaged by Mailbutler to assist in the processing of personal data on behalf of a User.
- Account means the User profile created to access the Services.
Purchases
If you wish to purchase any Service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, PayPal information, your billing address, your email address, company name and your VAT ID. You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: Service availability, errors in the description or price of the Service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Pricing
Mailbutler reserves the right to require payment of fees for certain or all Services. Please refer to https://www.mailbutler.io/pricing/ for details on our pricing information. You shall pay all applicable fees, as described on the Website(s) in connection with such Services selected by you. All fees are non-refundable. Mailbutler reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website at least 30 days before the change is to take effect.
Taxes
All prices are exclusive of VAT, sales tax, or other applicable taxes unless explicitly stated otherwise. You are responsible for paying any such taxes associated with your purchase.
Subscription
The monthly or annual subscription fee will be charged to you in advance and will renew automatically at the end of each billing period unless cancelled. Service begins as soon as your initial payment is processed. You will be charged the rate stated at the time of purchase for each renewal term unless pricing changes have been communicated to you in advance in accordance with these Terms.
It is your responsibility to ensure that your payment information is accurate and up to date. If a payment attempt fails, we may retry the charge. If payment cannot be processed within a reasonable period, your access to the Service may be suspended until the outstanding amount is settled.
Licensing
Mailbutler Services are licensed, not sold. It is, and shall always remain, the absolute and unrestricted property of Mailbutler. Nothing in this Agreement shall prejudice, impair, jeopardize or otherwise adversely affect the rights of Mailbutler as sole and exclusive owner of the Services and Software. Your rights and obligations with respect to the use of the Services are as follows.
You may:
a) make one copy of the Software for archival purposes or copy the Software onto the hard disk of your computer and retain the original for archival purposes; and
b) use the Services in accordance with any additional permitted uses set forth below.
You may not:
a) sublicense, rent, or lease any portion of the Services; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Services, or create derivative works from the Services
b) use the Services in any manner not authorized by this license; nor
c) use the Software in any manner that contradicts any additional restrictions set forth below.
Per-User Licensing
The Service is licensed to you for your own use on up to two owned, rented, or leased computers, provided that no more than one of those computers is in use at any one time and no other person will be making significant use of the software on those computers.
Transfer of License
A license can be transferred from the original licensee to a third party by advising Mailbutler of the transfer in writing. This transfer can occur only once and cannot be perpetuated. Upon transfer all obligations of the original licensee are terminated and transferred to the new owner. The original licensee will immediately cease using the Software.
Refunds
Mailbutler offers a transparent refund policy that reflects both the availability of a 14‑day free trial and our commitment to resolving issues in good faith.
14‑Day Trial
Before purchasing a subscription, you can evaluate Mailbutler free of charge for 14 days. During this trial period, you can fully test the Services to determine whether they meet your needs. Because this trial enables thorough evaluation, refunds are generally not provided after a purchase, except under the conditions described below.
Grace Period Refunds
Users may request a prorated refund within 5 days of subscribing or of any renewal. After this 5‑day period, refunds are only possible in cases involving unresolved technical issues, as described below.
Refunds for Unresolved Technical Issues
If you encounter a technical issue that prevents you from using the Service as intended, and the issue cannot be resolved within a reasonable time frame, you may request a prorated refund covering the affected period.
Before a refund is processed, Mailbutler may offer a goodwill compromise, such as 1–2 months of free service, depending on the severity and duration of the problem and the expected time until resolution. You may choose whether to accept such compensation or proceed with a prorated refund.
Voluntary Cancellations
If you cancel your subscription for reasons unrelated to a technical issue, your subscription will remain active until the end of the current billing cycle. No refunds will be issued for any unused portion of the subscription term.
Open Credits
Any unused credits associated with your account remain available for future use. These credits will only be refunded upon request.
Additional Notes
Refunds are issued to the original payment method used at the time of purchase.
Mailbutler cannot influence or accelerate payment‑provider processing times.
Refunds will not be granted in cases involving misuse, abuse, or violations of these Terms.
Upgrades
Upgraded versions of the software are announced in the Service. Upgrades may include additional features and/or bug fixes over previous releases. New software versions of Mailbutler for Apple Mail will be compatible with the latest three macOS versions. New software versions of Mailbutler for Gmail will be compatible with the latest Chrome version. New software versions of Mailbutler for Outlook will be compatible with the latest Outlook version.
Please be aware that while we strive to ensure Mailbutler’s compatibility with a wide range of operating systems, we cannot guarantee full functionality following the update of your computer’s operating system to a new version. Incompatibility issues arising from such updates do not constitute valid grounds for a refund. We highly recommend that you regularly consult our announcements on the Mailbutler website and visit our support center for the latest compatibility information before proceeding with any operating system updates. Staying informed about our updates will help ensure a seamless experience with Mailbutler’s services.
Personal Insight
Permission for Processing
You represent and warrant that you have all necessary rights, permissions, and lawful bases to submit Customer Data to the Services and to enable Mailbutler to process such data on your behalf. This includes any personal data of third parties contained in your emails, contacts, or user‑generated content. You further agree not to use the Services to process personal data in violation of applicable privacy or data‑protection laws or for any prohibited purposes.
The collection, use, and processing of Customer Data are further governed by our Privacy Policy, which forms an integral part of these Terms.
Data Use
You represent and warrant that you won’t use the Data for cookie tracking, ad exchanges, data brokerages, or sending any electronic communications (including email) that would violate applicable law.
Email Tracking
Roles and Responsibilities
When you activate Mailbutler’s email tracking functionality, you act as the Data Controller for all personal data of your email recipients. Mailbutler acts solely as your Data Processor, processing tracking‑related data exclusively on your documented instructions and only for the purpose of providing the tracking functionality.
Mailbutler does not determine the purposes or means of processing personal data of your recipients. You retain full responsibility for deciding whether and how email tracking is used.
Your Obligations as Data Controller
You are solely responsible for ensuring that your use of email tracking complies with all applicable data protection and privacy laws, including but not limited to the GDPR (if applicable to you). This may include, depending on your jurisdiction:
- informing recipients that tracking technologies are used,
- providing a lawful basis for such processing (e.g., consent or legitimate interest),
- enabling recipients to exercise their data protection rights,
- maintaining appropriate records of processing activities.
If you are uncertain about your legal obligations, you must refrain from using the tracking feature until you have clarified your compliance requirements.
Data Processed Through Email Tracking
Mailbutler processes only the metadata strictly necessary to provide the tracking functionality, such as:
- email identifiers,
- timestamp of opens,
- device or client information,
- IP‑based approximate location,
- the email subject line and recipient email address (depending on your privacy settings).
Mailbutler does not read, store, or access the content of your emails. Any temporary system‑level access that occurs during transmission is automated and not retained.
Further details are specified in our Privacy Policy.
Handling of Recipient Rights Requests
Mailbutler cannot directly fulfill data‑subject requests (e.g., access, deletion, objection) from your recipients, because you — not Mailbutler — determine the purpose and legal basis of tracking.
If Mailbutler receives such a request, we will forward it to you, and you remain fully responsible for responding.
Mailbutler will support you with the technical and organizational measures described in our Privacy Policy.
Indemnification
If a third party (including email recipients or regulatory authorities) asserts claims against Mailbutler alleging unlawful use of email tracking, you agree to:
- immediately indemnify and hold Mailbutler harmless from such claims,
- reasonably support Mailbutler in defending against the claims,
- reimburse Mailbutler for costs incurred (including reasonable attorney fees).
This does not apply if you are a "consumer" under §13 BGB.
Mailbutler will inform you promptly about such claims and will not acknowledge liability without granting you the opportunity to defend the claim, to the extent permitted by law.
Smart Assistant
Mailbutler’s Smart Assistant feature uses a large language model (LLM) developed by OpenAI, to summarize emails and generate email copy for our users. While the service by OpenAI is designed to provide accurate and relevant information, there may be instances where the content generated by OpenAI is incomplete, inaccurate, or outdated.
Please note that the use of Mailbutler’s Smart Assistant is not a substitute for professional legal, financial, or other advice. Users of Mailbutler are solely responsible for reviewing and verifying the accuracy and completeness of any content provided by Mailbutler’s Smart Assistant. Mailbutler makes no representation or warranty as to the accuracy, completeness, or timeliness of any information generated by OpenAI and shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of or reliance on any information generated by OpenAI.
By using Mailbutler, you acknowledge and agree that any information generated by OpenAI is provided on an "as is" and "as available" basis, without any warranty or representation of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.
Additionally, as with any technology that processes personal data, the use of OpenAI may implicate compliance with applicable data protection laws, such as GDPR. Mailbutler is committed to protecting the privacy and security of its users’ data and will take appropriate measures to ensure compliance with applicable laws and regulations.
Processing of personal data via the Smart Assistant is subject to the Privacy Policy and may involve transfers outside the EU with safeguards (SCCs).
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
General terms of use
You agree that you will not use the Mailbutler Services for any purpose, related or otherwise that involves any illegal or unauthorized attempt to gain access to any computer system, any act of racism, vandalism, persecution, terrorism, general provoked or unprovoked aggression or war nor any other illegal, malicious or criminal activity.
You will use the Mailbutler Services in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Mailbutler Services.
You agree that you will not use the Mailbutler Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third-party privacy or other rights.
Further, you may not modify, enhance, supplement, create any derivative work from, adapt, translate, reverse engineer, decompile, disassemble or otherwise reduce the Software to human readable form. We can’t and won’t be responsible for your using of the provided Services in a way that breaks the law.
Acceptable Use
The examples described in this section are not exhaustive. If you violate the acceptable use or authorize or help others to do so, we may suspend or terminate your use of the Services.
Do’s
- comply with all User Terms of Service, including the terms of this AUP.
- comply with all applicable laws and government regulations.
- upload and disseminate only Customer Data to which the Customer owns all required rights under law and under contractual and fiduciary relationships.
- use commercially reasonable efforts to prevent unauthorized access to or use of the Services.
- keep passwords and all other login information confidential.
- monitor and control all activity conducted through your account in connection with the Services.
- promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams and comply in all respects with all applicable terms of the third-party applications, including any that the Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.
Don’ts
- permit any third party that is not an Authorized User to access or use a username or password for the Services.
- share, transfer or otherwise provide access to an account designated for you to another person; use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright or other intellectual property, or that may be tortious or unlawful.
- attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate or disrupt the features, functionality, integrity or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third-party use of the Services or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law);
- attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoring mechanisms of the Services.
- access the Services to build a similar or competitive product or service or copy any ideas, features, functions or graphics of the Services.
- abuse referrals or special offers to get more credit than deserved; sublicense, resell, share or similarly exploit the Services.
Support
Support is provided via email and online resources. While we aim to respond as quickly as possible, we do not guarantee any specific response times unless otherwise agreed in writing.
Termination
If you fail to comply with any of the provisions contained herein, Mailbutler shall have the right to terminate this Agreement immediately without prior notice or legal proceeding. Mailbutler shall have the right to commence the appropriate legal proceeding in order to recover costs, losses and damages as a result of the failure to comply. Upon termination, you must immediately discontinue the use and redistribution of the Service. You’re free to stop using any Mailbutler Service. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your account.
Authorized distributors and reseller
Mailbutler authorized distributors and resellers do not have the right to make modifications to this agreement or to make any additional representations, commitments, or warranties binding on Mailbutler or its licensors.
Limitation of Liability
To the maximum extent permitted by applicable law, Mailbutler shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or business opportunities arising out of or related to your use of the Services. Mailbutler’s total aggregate liability for any claim arising under these Terms shall not exceed the total fees paid by you to Mailbutler in the twelve (12) months preceding the event giving rise to the claim.
Governing law
These Terms are governed by the laws of Germany.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We are constantly improving our Services, so these Terms may need to change along with the Services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We reserve the right to change the Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. We will bring it to your attention by placing a notice on the Mailbutler website, and/or by sending you an email, and/or by some other means. What constitutes a material change will be determined at our sole discretion. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Warranty disclaimer
All efforts have been made to ensure that the Services are free from defects. The Services (including any and all accompanying services, manuals, files, data and materials) are distributed and provided „as is" without any warranty whatsoever implied or otherwise.
Security Policy
We take the security of your data very seriously at Mailbutler and work hard behind the scenes to keep your data safe, secure, and private. As transparency is one of the principles on which our company is built, we aim to be as clear and open as we can about the way we handle security.
Please refer to https://www.mailbutler.io/security-vulnerability-program/ for details on our Security Vulnerability Program.
Acknowledgement
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
Last Updated: February 2nd, 2026