The following Mailhardener Terms of Service (the “Agreement”, ”ToS”) is a legal contract between you and Mailhardener B.V. (“Mailhardener”, “we”, “us”), and govern the Mailhardener email hardening offering (the “Mailhardener Suite”). By selecting the ‘agree’ or ‘accept’ option or by using the Mailhardener Suite, you are agreeing to be bound by this Agreement. Please read them carefully before proceeding. You may not use the Mailhardener Suite unless you accept this Agreement and have the power and legal right to form a contract with us. Any individual subscribing to or using Mailhardener’s services in the name of a company or other organization represents and warrants that they are authorized and intend by those actions to bind the company or other organization to this Agreement, and in such case the company or other organization is “you” for the purposes of this Agreement.
This Agreement includes the Mailhardener Service Level Agreement, and the Mailhardener Privacy Statement.
Subject to your compliance with the terms and conditions of this Agreement, Mailhardener will provide you with access to and use of the Mailhardener Suite to review DMARC reports, SMTP TLS reports, inspect domain properties and manage services concerning email sent from and to your domains, solely for your ordinary course business purposes. In order to enable the Mailhardener Suite for your domain(s), you must modify the DNS records or other necessary settings for those domain(s), as outlined in Mailhardener’s documentation for the Mailhardener Suite.
You are responsible for: (a) maintaining the confidentiality of any contact information, user IDs, passwords and other credentials associated with your account, and ensuring that all such credentials are at all times up to date and accurate, (b) all activities that occur with respect to your account, including the use of the Mailhardener Suite under any credentials associated with your account and compliance with this Agreement by you and anyone acting on your behalf, and (c) any data or information you provide to Mailhardener in order to utilize the Mailhardener Suite. You are also responsible for modifying the DNS records or other necessary settings for your domains, as outlined in Mailhardener’s documentation, in order to enable the Mailhardener Suite for those domains, and, at when you are no longer using the Mailhardener Suite, restoring those records or settings to their original state.
You may not: (a) copy, reproduce, modify, decompile, disassemble, or reverse engineer the Mailhardener Suite or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) provide any third parties with access to any of the Mailhardener Suite, or use any of the Mailhardener Suite for time-sharing or similar purposes for the benefit of any third party; (c) remove any copyright or proprietary notices contained in the Mailhardener Suite or any output thereof; (d) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the Mailhardener Suite; or (e) access or use (or permit a third party to access or use) the Mailhardener Suite for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Mailhardener Suite or for any other benchmarking or competitive purposes.
As between Mailhardener and you, the Mailhardener Suite and all software, data and technologies embodied in or used to provide the Mailhardener Suite, all DMARC reports, SMTP TLS reports, or other information or analysis provided to you by Mailhardener and all intellectual property rights therein or relating to any of the foregoing, are and shall remain the exclusive property of Mailhardener; provided, however, that you may retain and use for your ordinary course business purposes any DMARC reports, SMTP TLS reports or other information or analysis concerning your domains provided to you by Mailhardener, whether through the Mailhardener Suite or otherwise.
Mailhardener represents and warrants that the Mailhardener Suite will be provided in a professional and workmanlike manner, by personnel with appropriate training and skill, in accordance with the Agreement, and in accordance with applicable law. Mailhardener further represents that the Mailhardener Suite does not contain any viruses, malicious code, timebombs, automatic shutdowns, or any code with similar functionality.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE MAILHARDENER SUITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE,’ WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT AS OTHERWISE PROVIDED HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, MAILHARDENER B.V. DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT MAILHARDENER B.V. HAS THE RIGHT TO MODIFY OR DISCONTINUE ANY FEATURE OF THE MAILHARDENER SUITE OR THE MAILHARDENER SUITE AS A WHOLE, AND MAILHARDENER B.V. MAKES NO WARRANTY OR REPRESENTATION THAT THE MAILHARDENER SUITE OR ANY FEATURE THEREOF WILL REMAIN AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE OTHER THAN A WRITTEN AGREEMENT EXECUTED BY A MAILHARDENER B.V. OFFICER SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER BINDING ON MAILHARDENER B.V..
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILHARDENER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES, OR FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR INFORMATION, OR COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE MAILHARDENER SUITE TO BE PROVIDED HEREUNDER; OR (B) THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNTS PAID BY YOU TO MAILHARDENER UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF MAILHARDENER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may terminate this Agreement at any time by changing your DNS settings so that Mailhardener can no longer make the Mailhardener Suite available to you, or by notifying Mailhardener through the appropriate mechanism within the Mailhardener Suite user interface or the support email address Mailhardener provides to you. This Agreement will terminate automatically and immediately if you breach any of the terms hereof. Mailhardener may terminate the provision of the Mailhardener Suite to you at any time by providing notice through the user interface of the Mailhardener Suite or to the email address you have provided to Mailhardener as part of the establishment of your Mailhardener Suite account. Sections 1.3 through 7 will survive expiration or termination of this Agreement.
The remedies described in this section are in addition to the right of termination described under “Termination” and any remedies described elsewhere in this Agreement.
You understand and agree that any unauthorized use of the Mailhardener Suite would result in irreparable injury to Mailhardener for which money damages would be inadequate, and in such event Mailhardener, shall have the right, in addition to other remedies available at law and in equity, to seek injunctive relief against you. Nothing contained in this Section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Mailhardener may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You agree to defend, indemnify, and hold harmless Mailhardener, its partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from: (a) any improper, unauthorized or illegal uses of the Mailhardener Suite using your credentials, (b) your use of the Mailhardener Suite or any product thereof, or (c) your breach of the terms of this Agreement.
This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns, however, this Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. Mailhardener may transfer, assign or delegate this Agreement as it sees fit.
If any part of this Agreement is held to be unenforceable or invalid, in whole or in part, by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect, and the provision affected will be construed to be enforceable to the maximum extent permissible by law.
The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach of that or any other provision.
All notices permitted or required under this Agreement shall be in writing and will reference this Agreement. Mailhardener may deliver notices by email to the address you have provided for your Mailhardener account, and such notice shall be deemed to have been given as of the earliest of receipt or the first business day after sending. Except as otherwise set forth herein either party may deliver notices in person, by overnight courier or express delivery service, or by first class, registered or certified mail, postage prepaid, or by confirmed email delivery, to each party’s respective address as made available to the other. Such notice shall be deemed to have been given upon receipt.
Mailhardener may change this Agreement and its policies from time to time. We may inform you of any such changes by posting the revised version to our website at the same URL as the original version, or by notifying you within the user interface of the Mailhardener Suite or at the email address you provided to us as part of the signup process. Your continued use of the Mailhardener Suite after receiving notice of any modifications indicates your acceptance of the modified Agreement. Except as set forth above in this Section, any amendment or modification to this Agreement purporting to bind Mailhardener must be in a writing signed by Mailhardener.
This Agreement constitutes the entire agreement and supersedes all prior or contemporaneous oral or written agreements regarding the subject matter hereof.
This Agreement remains valid until superseded by a revised agreement mutually endorsed by the stakeholders.
This Agreement is governed exclusively by Dutch law and Parties must bring disputes before the court in the Netherlands. If any provision from this Agreement is held invalid or unenforceable, such provision shall be struck out, and the remaining provision, the other articles will remain fully in force and shall be enforceable.
| Version | Since | Changes |
|---|---|---|
| 1.0 | 01-01-2020 | Initial document release |
| 1.1 | 28-03-2024 | Updated to reflect new legal entity Mailhardener B.V. |
| 1.2 | 27-09-2024 | Added warranties section |
| 1.3 | 13-12-2024 | Clarified applicable law and jurisdiction |