Terms of Agreement
Effective: January 2025
MooseMailer ("the Service") is operated by BrenCor Digital Enterprises Inc. ("we," "us," "our"). By creating an account, accessing the Service, or sending email using MooseMailer, you ("Customer," "you") agree to the following Terms of Agreement.
These Terms incorporate the requirements of our email delivery provider and are designed to protect the stability, security, and deliverability of the platform.
Service Scope and Branding
BrenCor Digital Enterprises Inc. offers multiple services under different brand names, including HostMoose and MooseMailer. These services may share infrastructure, systems, and data where necessary to operate and support the services you use.
Your use of any BrenCor service is subject to the applicable Terms for that service, together with any shared platform policies.
1. Use of the Service
MooseMailer provides tools for email marketing, automation, contact management, analytics, and related communication features.
Certain features described in these Terms may not be available at all times or to all customers. Some functionality, including email sending, automation, or analytics, may require additional configuration, third-party services, or future service activation.
You may use the Service only in accordance with:
- These Terms
- Applicable anti-spam and privacy laws
- Acceptable use requirements listed in Section 4
- Industry sending standards and deliverability guidelines
We reserve the right to modify, suspend, or discontinue any part of the Service at our discretion.
2. Eligibility & Account Responsibilities
To use MooseMailer, you must:
- Be at least 18 years old
- Provide accurate account information
- Maintain control over your login credentials
- Use the Service only for lawful purposes
You are responsible for all activity occurring under your account and for ensuring your subscribers have valid, documented consent.
3. Email Compliance Requirements
You agree to comply with all applicable laws and sending rules, including:
- CASL (Canada)
- CAN-SPAM (United States)
- GDPR (EU)
- Any regional or industry-specific guidelines
If you are outside Canada, you agree to comply with CASL and any comparable anti-spam, e-privacy, or commercial electronic messaging laws that apply in your country or in the regions where your recipients are located.
You must ensure that:
- Every recipient has explicit or implied consent
- All messages contain a functioning unsubscribe link
- "From" and subject lines are accurate, truthful, and not deceptive
- You honour unsubscribe requests within legally required timeframes
- You maintain accurate suppression lists
- You do not use purchased, scraped, rented, or third-party lists
We may suspend sending, throttle your account, or terminate service to protect deliverability if sending behaviour violates these requirements.
4. Prohibited Content and Activities
The following are strictly prohibited:
- Spam or unsolicited bulk email
- Purchased, harvested, or third-party contact lists
- Phishing, fraud, impersonation, or deceptive practices
- Pornographic, hateful, extremist, or violent material
- Malware, viruses, or harmful code
- High-risk affiliate schemes, crypto scams, or payday loan content
- Sending that harms inbox placement, IP reputation, or domain reputation
Repeated or severe violations may result in termination without refund.
5. Sub-Accounts and Client Management
MooseMailer allows you to create individual client or team sub-accounts. You are responsible for:
- Ensuring sub-accounts comply with these Terms
- Monitoring client sending behaviour
- Responding promptly to abuse warnings
We may suspend individual sub-accounts or your entire master account if required to protect platform stability.
6. Data Ownership, Privacy & Processing
You retain ownership of:
- Contact lists
- Email content
- Templates
- Files and uploads
- Account configuration and metadata
By using MooseMailer, you grant us a license to process your data solely for the purpose of delivering the Service.
Our infrastructure provider receives data only to:
- Send email
- Authenticate domains
- Measure engagement
- Maintain deliverability
- Prevent abuse and fraud
We do not sell or share your data with third parties for advertising.
A full privacy policy accompanies these Terms.
7. Billing, Subscription, and Revenue Model
MooseMailer uses Stripe to process payments. When you subscribe:
- You are billed directly through your provided payment method
- The subscription renews automatically
- Payment failures may result in suspension of service
- Prices may change with notice
7.1 How Billing Works
- Subscriptions are charged by MooseMailer using Stripe
- Our email infrastructure provider automatically deducts its share
- You pay only when you are an active subscriber
- No monthly minimums or platform fees apply to you
7.2 Refunds
Because email-sending resources become consumed immediately, refunds are generally not provided once sending has occurred.
Refunds may be issued in:
- Duplicate billing
- Account setup errors
- Early cancellation before first use
Refunds must be processed by MooseMailer support. You agree not to initiate Stripe chargebacks except in cases of fraud.
8. Cancellation & Termination
8.1 Customer-Initiated Cancellation
You may cancel at any time from your billing portal. Cancellation prevents future charges but does not entitle you to a refund for past periods.
8.2 MooseMailer-Initiated Suspension
We may suspend or terminate your account if:
- You violate anti-spam laws
- You degrade deliverability
- You send prohibited content
- You fail to pay subscription fees
- We detect abusive, fraudulent, or unlawful activity
We may preserve data for compliance purposes before deletion.
9. Service Availability & Performance
MooseMailer aims to provide reliable service but does not guarantee:
- Delivery to all inboxes
- Inbox placement (e.g., Primary vs Promotions)
- Uninterrupted access
- Error-free operation
Email delivery depends on external mailbox providers we do not control.
Scheduled maintenance may occur with advance notice.
10. Limitation of Liability
To the fullest extent permitted by law:
- MooseMailer is not liable for indirect, incidental, punitive, or consequential damages
- Our total liability will not exceed the fees paid in the preceding 12 months
The Service is provided as-is and as-available.
11. Indemnification
You agree to indemnify and hold harmless MooseMailer, its owners, and its service providers from claims related to:
- Your misuse of the Service
- Your violation of laws or regulations
- Your misuse of customer data
- Your failure to obtain legal consent for your contacts
12. Third-Party Services
MooseMailer uses external providers for email delivery, analytics, and infrastructure. By using the Service, you consent to processing necessary for:
- Email transmission
- Domain authentication
- Bounce and complaint handling
- Deliverability monitoring
These services operate under their own legal frameworks.
13. Modifications to Terms
We may modify these Terms at any time. We will notify customers of material changes. Continued use of the Service constitutes acceptance of updated Terms.
14. Contact Information
BrenCor Digital Enterprises Inc.
Calgary, Alberta, Canada
support@moosemailer.ca