Terms of Service

1. Scope and acceptance

These terms (the "Terms") govern access to and use of Mailclutch (the "Service"), published by ANOTHER, French limited liability company (SARL) with variable capital, 2 rue Le Bouteiller, 35000 Rennes, France, registered as 797 477 478 R.C.S. Rennes ("Mailclutch", "we").

They apply to anyone who uses the Service, with or without an account, including the sandbox and the free tools on the website. You accept them by ticking the box at sign-up or by using the Service; the version you accepted and its date are recorded.

Customer

The person or legal entity holding an organization on the Service.

Consumer

A Customer who is an individual acting outside their trade, business or profession.

Professional

Any other Customer, including a sole trader acting for their business.

Customer Content

Captured emails, attachments and any data the Customer places in the Service.

The contract consists of these Terms, the pricing page in force at subscription and, for Professionals, the Data Processing Agreement (DPA). The Customer's own purchasing terms do not apply.

2. The Service

Mailclutch receives the emails your applications send over SMTP or the API, stores them and displays them. No captured email is ever delivered to its recipient. The Service is a testing and review tool, not a sending server: an email you point at Mailclutch will not reach the person it was addressed to.

Each plan's features and limits (projects, seats, retention, sharing) are described on the pricing page. The free plan keeps emails for 7 days. The account-free sandbox lasts 24 hours, accepts 50 emails and can be claimed by an account for 7 days. An attachment may not exceed 25 MB.

We use reasonable efforts to keep the Service available (best-efforts obligation), with no service-level commitment unless agreed in writing. It may be interrupted for maintenance, preferably off-peak, or for an urgent security reason. The Service evolves: we may add, change or remove features without substantially reducing what a current paid plan includes.

3. Account and access

• You must be 18 or older, able to enter into a contract, and give accurate information.
• You are responsible for your credentials, API tokens and SMTP credentials and for what is done with them. Tell us at once of any unauthorized access. We recommend two-factor authentication.
• The Customer decides whom it invites into its organization and with which role, and answers for how its members use the Service.

4. Acceptable use

You may not use the Service to:

• store or share illegal content, including content that infringes anyone's rights;
• prepare or host phishing, spam, malware or fraud;
• attack, overload or probe the Service, get around its limits, or access another customer's data;
• resell the Service or extract its data in bulk without our written consent.

Use test data where you can. If captured emails contain real personal data, it is up to you to have a lawful basis for putting it there.

5. Customer Content

Customer Content belongs to the Customer, who grants us only the right to host, process and display it to provide the Service. We access it only to provide the Service, at the Customer's request (support), for the security of the Service, or when the law requires it.

A share link gives anyone holding it access to the shared content, under the options chosen (expiry, password). The Customer decides what it shares and with whom, and can revoke a link at any time.

The Customer can delete and retrieve its content at any time (download, API). It is kept as set out in the privacy policy. For Professionals, we process personal data in Customer Content as a processor, under the DPA.

6. Reports and moderation

Single point of contact for authorities and users alike (Regulation (EU) 2022/2065, "DSA", art. 11 and 12): abuse@mailclutch.com, in French or English.

Anyone can report content they consider illegal (art. 16). A notice gives: the address (URL) of the content, why it is illegal, your name and email (except for certain serious offences), and a statement that it is made in good faith. We acknowledge receipt, handle the notice diligently and tell you the outcome.

Where content is illegal or breaches these Terms, we may disable a share link, remove the content, or suspend or close the account, proportionately. We tell the Customer, with the reasons (art. 17), unless the law forbids it. The Customer can challenge the decision by replying to that email or writing to legal@mailclutch.com; a person reviews it. We do not moderate Customer Content automatically.

7. Prices and payment

Prices are those on the pricing page on the day of subscription. They are shown including taxes to Consumers and excluding taxes to Professionals, with applicable VAT added. Paid plans are monthly or yearly subscriptions, paid in advance by card through our provider Stripe, and renewed automatically for the same term until cancelled. Seats added mid-term are charged pro rata. Invoices are available in the Service.

A price change is notified by email at least 30 days before the renewal it applies to; you can cancel before then. If a payment fails we remind you; if it is not settled, the organization returns to the free plan, whose limits then apply.

Professionals: any amount unpaid when due bears interest by operation of law at three times the French statutory interest rate, plus a fixed recovery charge of €40 (French Commercial Code, art. L441-10 and D441-5). No discount for early payment.

Except under the withdrawal right or where the law provides otherwise, a period that has started is not refunded.

8. Term and termination

You can cancel at any time, in a few clicks, from the billing settings: cancellation takes effect at the end of the current period and the organization returns to the free plan. That plan's limits then apply, including its retention period: older emails are deleted, after a warning by email. You can also delete your organization or your account. For a yearly subscription, a Consumer is told by email one to three months before renewal that it is coming and that they may decline it (French Consumer Code, art. L215-1).

We may suspend or terminate access for breach of these Terms after a notice left unremedied for 15 days, or immediately for a serious breach (fraud, a threat to security, manifestly illegal content). We may discontinue the Service with 90 days' notice, refunding the unused part of any subscription paid in advance.

When the contract ends, Customer Content is handled as set out in the privacy policy. Retrieve it before then if you need it.

9. Right of withdrawal (Consumers)

A Consumer may withdraw from a paid plan within 14 days of subscribing, without giving a reason (French Consumer Code, art. L221-18). The Service is made available as soon as they subscribe. If they withdraw within that period, everything they paid for the subscription is refunded in full, with nothing withheld for their use of the Service in the meantime, within 14 days of our receiving their withdrawal, using the original means of payment (art. L221-24).

To withdraw, send an unambiguous statement to legal@mailclutch.com, for instance using the form in the annex.

10. Legal guarantee of conformity (Consumers)

Consumers benefit from the legal guarantee of conformity for digital content and services (French Consumer Code, art. L224-25-12 et seq.) for as long as the Service is supplied. In case of non-conformity, they may have the Service brought into conformity or, failing that, obtain a price reduction or terminate the contract. Write to support@mailclutch.com.

11. Liability

Our obligation is one of means (best efforts). We are not liable for: Customer Content, or how the Customer uses the Service or the links it shares; an email not delivered because the Customer pointed mail meant for real recipients at Mailclutch; third-party services the Customer connects (webhooks, agents through MCP, integrations).

12. Intellectual property

The Service, its code, its documentation and the Mailclutch trademark belong to ANOTHER. We grant you, for the term of the contract, a personal, non-exclusive, non-transferable right to use the Service. Open-source libraries we publish remain under their own licence. If you send us a suggestion, we may use it freely.

13. Personal data

For account, billing and usage data, ANOTHER is the controller: see the privacy policy. For personal data in a Professional's Customer Content, ANOTHER is a processor: the DPA applies and forms part of the contract.

14. Changes to these Terms

We may change these Terms. A material change is notified by email at least 30 days before it takes effect; if you refuse it, you may cancel before then at no cost. A change required by law may apply sooner.

15. Force majeure

Neither party is liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code. If it lasts more than 30 days, either party may terminate the contract by email.

16. Governing law and disputes

These Terms are governed by French law. In a dispute, write to us first at legal@mailclutch.com so we can look for an amicable solution.

Consumers: failing agreement, you may refer the dispute free of charge to the consumer mediator: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, https://www.cm2c.net, within one year of your written complaint. You may also go to the competent court under the ordinary rules, and you keep the protection of the mandatory laws of your country of residence.

Professionals: any dispute falls under the exclusive jurisdiction of the Commercial Court of Rennes (Tribunal de commerce de Rennes), including where there are several defendants or third-party claims.

17. General provisions

• If a clause is held invalid, the rest remain in force.
• Not exercising a right does not waive it.
• We may assign the contract to a company taking over the Service, telling you so; you may then cancel.
• Notices are given by email: to the account address for you, to legal@mailclutch.com for us.
• These Terms are written in French and English; in case of discrepancy, the French version prevails.

18. Contact

Legal

legal@mailclutch.com

Support

support@mailclutch.com

Reports

abuse@mailclutch.com

Post

ANOTHER, 2 rue Le Bouteiller, 35000 Rennes, France

Withdrawal form

Complete and return this form only if you wish to withdraw, to legal@mailclutch.com: