1. Premise
These general terms of service form an integral and essential part of every order concerning the provision of the service named “MailSenpai” (hereinafter also referred to as the “Service” or “MailSenpai Platform”). The Service is also offered through the website http://www.mailsenpai.com.
MailSenpai is a platform that enables the management of a database—either created or imported by the Client—for the production and sending of communications via EMAIL. Additionally, through its own platform, MailSenpai offers email services on a domain chosen by the Client.
The Service includes, by way of example but not limited to, the processing of data entered by the Client in compliance with personal data protection regulations, profiling, and control messaging.
The Service is provided under the conditions set forth in the price list signed by the Client, either in paper or electronic form.
The Client is in a position to utilize the Service offered by MailSenpai, and the latter possesses the necessary requirements to ensure the proper execution of this agreement (hereinafter referred to as the “Agreement” or “Contract”).
Unless otherwise specified in this Agreement or in subsequent agreements signed with the Client, any new feature or functionality that enhances or expands the Service, as well as any new service offered, shall be subject to this Agreement.
The order to which this Agreement is attached constitutes an irrevocable offer by the Client, immediately binding, pursuant to Article 1327 of the Italian Civil Code, in that the requested service is to be performed by MailSenpai without prior acceptance and notification of execution commencement. However, MailSenpai reserves the right to decline the order by providing written notice to the Client within thirty days from receipt of the order.
The provision of the Service is subject to the terms of this Agreement, and by signing it, the Client declares to have read and fully accepted these conditions.
2. Unilateral Modification of Contractual Terms and Nature of Services Offered
MailSenpai reserves the right to unilaterally modify—also to the detriment of the Client, for technical, economic, or managerial reasons, or for other justified reasons—at any time and at its sole discretion, the terms, fees, and other conditions set forth in this Agreement and/or the nature of the products and services offered through MailSenpai. Such modifications shall be communicated with a minimum notice period of 45 days, in writing or via another durable medium, including email. In such cases, the Client shall have the right to withdraw from the Agreement within 30 days without penalties or termination fees, under the previously established financial conditions.
If the Client does not withdraw within the period mentioned above, the modifications shall be deemed fully accepted.
3. Definitions
“Registration Process”: The online or offline procedure completed by the Client, involving the completion of a form and the provision of information to MailSenpai to enable the provision of the Service. The registration process includes:
The express approval of this Agreement, with the corresponding assignment of an account by MailSenpai to the Client;
Delivery of the privacy policy pursuant to Article 13 of Legislative Decree 196/2003 and EU Regulation 2016/679 (GDPR);
The corresponding consent form for the processing of personal data of data subjects.
The collection of consent for the processing of personal data of recipients of communications is the sole responsibility of the Client. Therefore, the Client undertakes to send its privacy policy to recipients and obtain their explicit consent.
“Sending Cost”: The price to be paid to MailSenpai for each message sent, according to the terms outlined in the pricing list.
“Pay-as-you-go – Recharge”: The service fee, also offered through the website https://www.mailsenpai.com, which the Client pays in advance to MailSenpai to purchase a certain number of message sends, up to the limit of the prepaid amount, according to the rates specified in the pricing list.
“Confidential Information”: Any type of information provided by one party to the other that is confidential or proprietary in nature and not publicly available.
“Force Majeure”: Any unforeseeable and unavoidable event, including but not limited to natural disasters, lightning, fires, explosions, socio-political events, wars, strikes, and other occurrences beyond the control of the parties, whether natural or caused by third parties, including laws or regulations, telecommunication service failures, network failures, or any other events beyond the reasonable control of the parties.
“Message Content”: Text, graphics, images, sounds, and videos sent by the Client to EMAIL or SMS addresses through MailSenpai.
“Software”: All computer programs provided to the Client by MailSenpai and/or used by MailSenpai for the provision of the Service, including the web interface and related applets.
“Bombing”: The mass sending of EMAIL and SMS messages with the intent to paralyze, block, or slow down the recipient’s system.
“Spamming”: The unsolicited sending of advertisements or other forms of electronic communication to numerous EMAIL or SMS addresses through mass distribution methods.
“Demo or Trial”: The pre-contractual free trial period offered by MailSenpai, during which the Client can verify the functionalities of the Platform and withdraw at any time without any obligation or cost.
4. Use of the Service and Related Applications
To use the Service, the Client must have correctly completed the paper or digital forms personally provided by the Service providers.
MailSenpai reserves the right to use the information collected in the Service registration forms solely to contact Clients for Service-related needs.
The Client is solely responsible for safeguarding the username and password chosen or assigned by MailSenpai, ensuring the integrity of the files used or registered in their name within MailSenpai, and verifying the accuracy of the information provided at the time of registration.
The Client is considered the custodian of the assigned account, username, and password.
The Client must use the Service with the utmost care, ensuring the proper handling and security of their account. The Client is responsible for all consequences resulting from the use of the account by third parties.
In case of loss, theft, misuse, and/or unauthorized use of the account, the Client must:
a) Immediately notify MailSenpai via phone call to the designated support number provided to the Client or through other agreed-upon means;
b) Inform MailSenpai of any Service malfunctions or any potential security issues.
By completing the registration process, the Client agrees to ensure proper disconnection from the Service at the end of each session.
MailSenpai provides a Trial period, during which the Client can evaluate the functionalities of the MailSenpai Platform and withdraw at any time without any commitment or cost.
MailSenpai reserves the right—but is not obligated—to deactivate any account that, in its sole discretion, has potentially compromised system security or appears to be engaged in fraudulent activities (even at an attempted level). In such cases, MailSenpai shall not be required to provide any compensation to the Client associated with the deactivated account.
Unless otherwise specified in the Order Form, the Client will not be assigned a dedicated IP address. The necessary IP addresses for providing the Service will be selected at MailSenpai’s discretion, based on workload and reports from email service providers (ISPs).
If a dedicated IP address is assigned to the Client, the indicated sending speed per hour will only be achieved once the IP has gained an appropriate reputation. This reputation is typically established after 6–10 sendings (carried out according to industry best practices) and provided that such sendings do not cause issues, such as the listing of one or more sending IPs or the sending domain on a Relay Block list, an international Blacklist, or being blacklisted by an Internet Service Provider.
Client’s Acknowledgments
By completing the registration process, the Client acknowledges that:
MailSenpai is neither the author nor the publisher of the content transmitted through the Service; it merely provides the MailSenpai platform and serves as a system administrator, as per applicable regulations.
MailSenpai is not and cannot be aware of the content sent by the Client through MailSenpai. It may only become aware of such content for technical reasons, after the messages have been sent.
MailSenpai is not and cannot be held liable, either civilly, criminally, or administratively, for the content sent by the Client through MailSenpai.
Under no circumstances shall MailSenpai be responsible if the transmitted content violates applicable laws.
The Client is solely responsible for collecting and processing personal data within their database. MailSenpai is not responsible for the nature of such data or the Client’s compliance with data protection laws.
The Client assumes full responsibility for the content published and, as such, indemnifies MailSenpai from any liability arising directly or indirectly from the published content and the methods used to input and transmit data via the Service.
MailSenpai reserves the right—but is not obligated—to monitor any account without prior notice and deactivate it if, at its sole discretion, the account’s content violates laws, netiquette principles, or any provisions outlined in this Agreement.
The Client acknowledges and agrees that MailSenpai may disclose information contained within Client databases and log files to judicial authorities or other public authorities upon request, in compliance with legal provisions or to protect its rights under the Agreement.
After 10 (ten) days from the expiration or termination of the Agreement for any reason, MailSenpai may delete all data stored on behalf of the Client within the MailSenpai platform, including any remaining credits specified in the Agreement. Such data will be accessible and downloadable by the Client within the specified period using the standard functionalities of the MailSenpai platform. If access to the MailSenpai platform is suspended due to administrative irregularities, the Client may regain access only after resolving the cause of the suspension.
Longer data retention periods may be required due to legal obligations, particularly in cases of investigations by law enforcement or other regulatory authorities.
If MailSenpai receives reports of legal violations related to published material, or if content violates this Agreement, MailSenpai may, at its sole discretion, remove the content entirely or partially, while simultaneously or subsequently notifying the competent judicial authorities.
The Client further indemnifies MailSenpai from any liability arising from unauthorized or unlawful use by third parties of any published material.
MailSenpai does not act as an intermediary in any commercial transactions between the Client and recipients of communications sent via MailSenpai.
5. Client’s Obligations and Warranties
By agreeing to these general contract terms, the Client warrants that:
They are of legal age and, if acting on behalf of an entity, have the necessary authority to sign this Agreement;
The information provided in the registration form is accurate, complete, and truthful, and they undertake to promptly inform MailSenpai of any changes.
The Client guarantees that they will not use the Service for:
Spamming, bombing, or sending communications that cause harm or disruption to recipients or third parties or that violate applicable laws and regulations;
Sending messages that are immoral, against public order, or intended to disturb public or private peace, offend, or directly or indirectly harm third parties;
Illegally intercepting, preventing, or disrupting electronic and telematic communications and/or disclosing their content;
Violating, misappropriating, or suppressing third-party electronic correspondence;
Communicating in an offensive, defamatory, or insulting manner;
Violating the privacy of other users;
Contravening, directly or indirectly, Italian or international laws, including but not limited to distributing material that infringes copyrights or other intellectual or industrial property rights.
The Client further undertakes not to use the Service or send communications that may involve the publication of:
a) Obscene or pornographic material;
b) Child pornography;
c) Blasphemous, offensive, or immoral content;
d) Content contrary to public order;
e) Defamatory content that disrespects or harms third parties;
f) Content containing computer viruses.
The Client must provide a valid and monitored email address—active for the entire duration of the contract—to receive and respond to data processing requests from data subjects forwarded by MailSenpai. Privacy-related requests sent by MailSenpai must be addressed by the Client within 3 business days, and no later than 5 business days. Such requests will be forwarded from the email address [email protected].
The Client acknowledges that they are solely responsible under the law for any unlawful or inappropriate messages, including any attachments, and that they cannot claim compensation or indemnity from MailSenpai. MailSenpai is not required to monitor the content published by the Client, making it the Client’s sole responsibility to oversee their use of the Service.
In the event of a violation of these contractual terms, MailSenpai may terminate the Service Agreement without notice or compensation to the Client, without prejudice to any other legal recourse against the Client responsible for the violation.
The Client shall indemnify and hold MailSenpai harmless from any claims, lawsuits, losses, damages, liabilities, governmental or administrative actions, costs, or expenses—including legal fees—arising from the violation of one or more provisions of this Agreement.
Liability for Information and Data Processing
The Client is solely responsible for all information transmitted through MailSenpai’s Service.
The Client guarantees that they have ownership of, or have obtained, the necessary consent for the use of data contained in their database.
The Client also warrants the accuracy and truthfulness of all data and information provided to MailSenpai.
Furthermore, the Client expressly agrees to use the MailSenpai Platform in compliance with applicable laws, particularly:
The Guidelines on Promotional Activities and Anti-Spam Measures (July 4, 2013, Official Gazette No. 174, July 26, 2013, Decision No. 330);
The Provision on Consent for Direct Marketing Using Traditional and Automated Contact Methods (May 15, 2013, Official Gazette No. 174, July 26, 2013, Decision No. 242);
Both provisions were issued by the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali).
The Client agrees to abide by the restrictions against sending unsolicited and unwanted communications (commonly referred to as spam).
If the Client uses the MailSenpai Platform for unlawful purposes and/or sends unauthorized communications, resulting in issues such as the listing of one or more sending IPs or domains in Relay Block Lists or Blacklists (e.g., URIBL, SURBL, SORBS, SPAMCOP, SPAMHAUS) or a blacklisting by major Internet Service Providers (e.g., Google, Microsoft, Yahoo!, AOL, GoDaddy, Aruba, Fastweb, Alice), the Client shall be solely and exclusively responsible for these violations and shall fully indemnify MailSenpai against any related claims or liabilities. MailSenpai reserves the right to take appropriate legal action for damages caused by such violations.
MailSenpai, at any time, including during the Trial period, may suspend the Client’s ability to send messages and request supporting documentation proving that recipients have provided valid consent to receive communications. The Client will have 10 calendar days from the receipt of such a request from MailSenpai’s abuse prevention service to provide the required documentation.
If the Client refuses to provide the requested documentation or submits incomplete, inadequate, or missing information, MailSenpai reserves the unilateral right to:
Reduce the sending speed to eliminate further compliance risks;
Permanently block access to the Platform and terminate the Agreement due to non-compliance.
In such cases, MailSenpai shall not be liable for any damages or compensation for unused services. Additionally, MailSenpai reserves the right to charge the Client a €1,000 penalty, without prejudice to further claims for damages resulting from the use of non-compliant addresses or violations of this Agreement and applicable regulations.
Client’s Responsibility for Consent Collection
The Client acknowledges that obtaining consent from recipients is solely their responsibility. When collecting consent, the Client must inform recipients that communications may be sent using third-party platforms, including MailSenpai.
Additionally, before using the MailSenpai Platform, the Client must inform recipients that email tracking systems may be used to detect message openings and clicks on links contained in emails, including timestamps and engagement metrics, as specified in MailSenpai’s Privacy Policy.
Data Protection and Anti-Spam Measures
MailSenpai shall be fully released and indemnified by the Client against any liability related to:
The Client’s data entry methods into the MailSenpai database;
The Client’s methods for obtaining consent for the use of tracking tools.
To ensure high deliverability and prevent unwanted messages, MailSenpai will automatically exclude from mailing lists:
Non-existent or incorrect email addresses;
Recipients who have opted out of receiving communications from the Client;
Recipients for whom commercial contact would violate spam prevention guidelines or harm MailSenpai’s business reputation, following industry-recognized best practices.
Communication and Monitoring
The Client acknowledges that all correspondence between them and MailSenpai, including its employees, may be recorded and archived.
MailSenpai reserves the right to publish or forward to third parties (e.g., ISPs, DNSBLs) any communication between the Client and the Abuse Desk (email: [email protected]). MailSenpai may also disclose the Client’s identifying data to recipients upon request if they report abuse to the Abuse Desk. The Client, by signing this Agreement, grants MailSenpai the broadest indemnity regarding these disclosures.
Restrictions on Third-Party Access to the Service
The Client agrees not to grant third parties access to the Service unless explicitly authorized. However, the Client remains fully responsible for the actions of third parties who access the Service under their account, including employees, agents, and representatives.
The Client cannot assign this Agreement—whether temporarily or permanently, free of charge or for consideration—to third parties without MailSenpai’s prior written consent.
If MailSenpai grants permission for such an assignment, the Client must formally notify MailSenpai of the transfer date via registered mail or certified email.
6. Intellectual Property Rights and Web Interface Rights
It is strictly prohibited, directly or indirectly, to decompile, disassemble, or attempt in any way to obtain the source code, modules, underlying structures, ideas, or algorithms of the Service; modify or create derivative systems based on the Service or the software enabling its functionality; copy, distribute, or otherwise transfer the software or the use of the Service; or remove ownership indications.
By signing this Agreement, the Client acknowledges that the name, logo, design, and slogan of all products and services provided by MailSenpai (hereinafter referred to as the “Trademark”) and the Service are the exclusive property of MailSenpai.
The Client is not authorized to use the Trademark in any advertising, promotional activity, or commercial undertaking related to their business without prior written consent from MailSenpai.
The Client further acknowledges that:
The software and accounts covered by this Agreement may be the exclusive property of MailSenpai and/or other companies licensed to MailSenpai. Under this Agreement, MailSenpai grants the Client a non-exclusive, non-transferable, and time-limited license strictly necessary for the execution of the Service.
MailSenpai is the sole entity authorized to modify, update, correct, or terminate the use of the platform through which the Service is provided.
The Client has no rights to use, reproduce, modify, duplicate, or distribute the Service or its contents protected under intellectual property laws, except where explicitly permitted in this Agreement or its attached documentation.
Upon termination of the Service Agreement, for any reason, the Client has the right to retrieve their database stored on MailSenpai, following the procedures and format to be agreed upon with MailSenpai.
7. Data Protection, Password Confidentiality, and Subscriber Security
Pursuant to Article 13 of Legislative Decree No. 196/2003 (Personal Data Protection Code) and EU Regulation 2016/679 (GDPR), MailSenpai ensures that any processing of the Client’s or third parties’ data is conducted lawfully, fairly, and transparently. Specifically:
a) The processing of data will be carried out exclusively for the purposes necessary for the execution of this Agreement and in compliance with applicable regulations.
b) The data will not be disseminated or transferred to third parties, except where required by law or as explicitly permitted in this Agreement. Such data may only be disclosed upon request by legally authorized authorities.
By signing this Agreement, pursuant to Article 28 of the GDPR, the Client acknowledges that MailSenpai is an appropriate and reliable entity and formally appoints MailSenpai as Data Processor or, where applicable, Sub-Processor for the processing of personal data. The Client, or any third party collecting the data, assumes the role of Data Controller or Data Protection Officer (DPO).
MailSenpai accepts this appointment upon signing this Agreement, confirming its awareness of the responsibilities and obligations involved, as well as its ability, experience, and technical expertise to fulfill this role.
MailSenpai commits to processing personal data only in accordance with the instructions provided by the Client, as detailed in the “Attachment 1” to this Agreement, which is considered an integral part of this contract.
The Client is responsible for providing MailSenpai with any necessary processing instructions related to this appointment.
If the data subjects are third parties, the Client must submit Attachment 1 to them to allow them to assess MailSenpai’s designation as Data Processor in compliance with applicable laws.
In line with Article 3 of this Agreement, MailSenpai will only process personal data to the extent strictly necessary for executing the activities covered by this contract.
The Client assumes full responsibility for any unauthorized or unwanted data processing or communications, including those lacking the recipient’s consent. MailSenpai shall bear no liability in such cases.
If the personal data being processed belongs to third parties, the Client—by signing this Agreement—agrees to comply with these obligations on behalf of such third parties.
Client’s Indemnification Obligations
The Client expressly agrees to indemnify and hold MailSenpai harmless from any claims, legal actions, penalties, or damages (including legal fees) that may arise due to:
The Client’s failure to comply with this Agreement.
Any unlawful data processing resulting from the Client’s actions or omissions, including those of their suppliers, employees, collaborators, or third parties associated with them.
Any misuse of the MailSenpai Platform, including but not limited to improper, fraudulent, or unauthorized activities.
The Client shall also indemnify MailSenpai for any damage or consequences arising from violations of data protection laws or the transmission of offensive or unlawful materials through the platform.
MailSenpai’s Support for Data Protection Compliance
Upon the Client’s request, MailSenpai will assist the Client in responding to data subject requests concerning their rights under Article 7 of Legislative Decree 196/2003 and the GDPR.
MailSenpai will ensure that responses are provided as quickly as possible, within the timeframes required by applicable regulations. Additionally, MailSenpai will strictly comply with any rulings or measures issued by the Data Protection Authority (Garante per la Protezione dei Dati Personali) in response to complaints or inspections.
8. Confidentiality Agreement
For the purposes of this Agreement, “Confidential Information” refers to any information of any nature (economic, commercial, financial, corporate, industrial, technical, or technological), as well as projects, analyses, reports, studies, drawings, documents, know-how, or any other material concerning the organization, processes, activities, or business operations of either Party.
In the context of sharing Confidential Information under this Agreement, each Party, in its capacity as the recipient of such information, expressly agrees to:
a) Treat all Confidential Information as strictly confidential and secret, taking all necessary and/or appropriate precautions to maintain its confidentiality and secrecy.
b) Refrain from exploiting the Confidential Information for purposes other than those necessary for the execution of this Agreement.
c) Not disclose or disseminate Confidential Information in any manner to third parties.
d) Not disclose to third parties the existence of any exchange of Confidential Information between the Parties.
e) Ensure that its employees, contractors, or any other individuals who come into possession of Confidential Information comply with the terms of this Agreement.
This Agreement does not prohibit the disclosure of Confidential Information in the following cases:
i) To third parties, such as employees, contractors, legal and/or financial consultants, or financial institutions, where such disclosure is indispensable for the execution of the business operation the Parties intend to conclude.
ii) If the disclosure of Confidential Information is explicitly authorized in writing by the disclosing Party.
iii) If the disclosure is legally required by law or regulatory authority.
Confidential Information does not include:
a) Information that was already publicly available at the time of disclosure or that later became public through no fault of the recipient.
b) Information that the recipient can demonstrate was legally in its possession prior to disclosure.
Breach of Confidentiality
In the event of a breach or threatened breach of confidentiality obligations, the affected Party may take legal action before the competent judicial authority—without the need to prove specific damages—to prevent or stop the unauthorized disclosure of Confidential Information.
Failure to exercise or partial exercise of any action to protect Confidential Information does not preclude the right to take future action or seek compensation for damages resulting from breaches of this Agreement.
All documentation, in any form, containing Confidential Information remains the exclusive property of the disclosing Party. Upon written request, the recipient Party must immediately return or destroy all such documentation.
9. Disclaimer
The cost of network access required to use the Service is entirely borne by the Client.
MailSenpai shall not be held liable for delays, malfunctions, or service interruptions caused by:
(a) Force majeure events, including but not limited to natural disasters, acts of war, or governmental restrictions.
(b) Tampering or unauthorized interventions on the Service or equipment by the Client or third parties.
(c) Incorrect use of the Service by the Client.
(d) Malfunction of the Client’s own terminals or equipment.
(e) Total or partial service interruptions caused by the Client’s telecommunications provider.
MailSenpai is not responsible for service disruptions resulting from the Client’s failure to comply with applicable laws or regulations, including but not limited to safety, fire prevention, and workplace accident regulations.
MailSenpai shall not be liable for any damages, losses, or costs incurred by the Client, their affiliates, or third parties due to service interruptions caused by force majeure or fortuitous events.
The Client expressly acknowledges that the use of the Service is at their sole risk and that the Service is provided “as is”, subject to availability.
MailSenpai makes no express or implied guarantees regarding the quality, reliability, or suitability of the Service for any particular purpose.
No oral or written advice or information provided by MailSenpai creates additional guarantees beyond what is expressly stated in this Agreement or any future annexed documents.
Limitation of Liability
The Client acknowledges and accepts that—to the fullest extent permitted by law—MailSenpai shall not be liable for any direct or indirect damages, including but not limited to:
Loss of revenue
Loss of clientele
Loss of data
Other tangible or intangible losses arising from the use or inability to use the Service.
If MailSenpai is promptly notified of service disruptions, it will take reasonable measures—without guaranteeing a successful resolution—to restore the Service or minimize damages.
MailSenpai shall not be held responsible for service malfunctions caused by:
Failures in telephone, electrical, or internet networks, whether national or international.
Overloads, outages, or other technical failures beyond MailSenpai’s control.
MailSenpai shall not be liable for failures caused by third parties, including but not limited to:
Slow internet speeds or network failures
Issues with telecommunications providers affecting service availability
The Client agrees to indemnify MailSenpai against all losses, damages, liabilities, costs, or legal expenses incurred as a result of the Client’s breach of this Agreement or actions related to the transmission of data or information via MailSenpai’s platform.
While MailSenpai commits to providing services to professional standards, it assumes no liability beyond what is explicitly outlined in this Agreement—except in cases of willful misconduct or gross negligence.
In any case, MailSenpai’s liability shall not exceed 10% of the total amount paid by the Client under this Agreement.
10. Right of Withdrawal
MailSenpai reserves the right to terminate this Agreement at any time by providing written notice to the Client in the event of:
Violation of any provision of this Agreement.
Non-payment or irregular payment of any fees due under this Agreement.
In such cases, the Client shall not be entitled to any refunds or compensation of any kind, while MailSenpai reserves the right to claim compensation for damages suffered as a result of the Client’s breach.
The Client may terminate the Agreement by sending a written notice via registered mail with return receipt to MailSenpai’s headquarters or via email to [email protected], at least 30 (thirty) days before the contract’s expiration date.
11. Minimum Service Level Guarantee
MailSenpai Platform Availability
Under this Agreement, MailSenpai commits to maintaining the availability of the MailSenpai Platform with an uptime rate of 99%, 24 hours a day, 365 days a year.
However, the Parties acknowledge that MailSenpai shall not be held liable for service unavailability caused by factors attributable to the Client or third parties for whom the Client is responsible. These include, but are not limited to:
Internet connectivity issues at the Client’s location.
Hardware, software, or internal network problems within the Client’s organization.
The guaranteed minimum service level excludes periods of scheduled maintenance, for which MailSenpai will provide:
At least 2 (two) calendar days’ notice for routine maintenance.
At least 4 (four) hours’ notice for extraordinary maintenance.
Additionally, during public holidays and between 00:00 and 06:00 on working days, occasional service interruptions may occur due to software maintenance operations. Such maintenance periods shall not count toward the minimum service level calculation, and MailSenpai shall not be held liable for any downtime occurring during these hours.
Customer Support
To ensure proper use and full functionality of the MailSenpai Platform, MailSenpai provides technical support from Monday to Friday, 10:00 AM to 6:00 PM CET (excluding public holidays) through the following support options:
[a] STANDARD SUPPORT (Included)
Support channels: Email or Ticket system (via ticket.mailsenpai.com).
Response time: First response within 10 working hours.
Resolution time: Issue resolution within 24 working hours, provided the Client confirms the request for intervention.
Exclusions: Does not include consulting on message composition, HTML coding, communication quality, or deliverability issues.
Response time starts only after MailSenpai has received all necessary details to identify the issue accurately.
[b] PRIORITY SUPPORT (Optional – Requires Activation in the Order Form)
Support channels: Email, Ticket system, and Phone/Chat support.
Priority Handling: Requests receive higher priority in the support queue.
Response time: First response within 6 working hours.
Resolution time: Issue resolution within 18 working hours, provided the Client confirms the request for intervention.
Exclusions: Does not include consulting on message composition, HTML coding, communication quality, or deliverability issues.
Requests must be submitted via email, ticket system, or phone/chat, following the specified process.
[c] DELIVERABILITY SUPPORT (Optional – Focused on Deliverability Optimization)
This support service helps maintain optimal email sending quality and addresses deliverability anomalies and issues through technical configurations, best practices implementation, and monitoring. It includes:
Background analysis & reputation assessment of domains.
Initial configuration consultation and deliverability strategy advisory.
Ramp-up assistance for new sending flows.
Dedicated IP configuration where necessary.
Email authentication setup (SPF, DKIM, DMARC).
Separate configurations for transactional, promotional (DEM), or other types of emails.
Testing and baseline adjustments for improved performance.
Ongoing ISP relationship management.
Custom configurations for specific email flows.
Priority support, with first response within 6 working hours.
Authorized Contacts for Support Requests
MailSenpai will only provide technical support to the email addresses pre-registered by the Client in the list of Administrative Contacts for Technical Information.
It is the Client’s responsibility to keep this list updated.
MailSenpai shall not be held liable for providing support to outdated, incorrectly registered, or unapproved contacts.
Language of Support Services
Phone support (included in Priority and Deliverability Support) is provided exclusively in Italian.
For Clients who require support in other languages, Priority and Deliverability Support will be offered only in English via email, ticket system, or chat.
12. Payment and Billing Terms
This Agreement is for a fixed term based on the minimum duration and the corresponding usage fee selected by the Client (e.g., 3, 6, 12, 24, or 36 months). The term begins on the Activation Date or Renewal Date of the MailSenpai Platform.
At the expiration date, the Agreement will be automatically renewed for an equal period (e.g., 3, 6, 12, 24, or 36 months) unless either Party provides notice of termination as specified above.
If termination is submitted beyond the specified deadline, it will not take effect, and the Client will be liable for the full fee for the subsequent period, even if the Platform is not used, as MailSenpai makes the service available throughout the contract term. If the Client terminates the Agreement before the selected period ends, they will still be required to pay the usage fee for the entire agreed period.
During the Demo, the Client can freely discontinue the trial service at no cost at any time. MailSenpai reserves the right to block any scheduled campaigns that extend beyond the contract’s expiration date, even if they were initiated before the contract ended.
The termination of optional add-on features must follow the same procedures as the general contract termination (Registered Mail with Return Receipt or Email Notification) and must be submitted before the expiration date.
One-time professional services purchased by the Client will be valid for the specific duration stated in the Order Form or, if unspecified, for the remaining contract period. If the Client fails to use such services within the set timeframe, they will still be required to pay the full amount, with no right to refunds.
Payment Processing and Invoicing
The Client can only access the MailSenpai service after full payment has been received.
The activation of the account will take place within 15 days of MailSenpai receiving the payment, unless otherwise agreed.
Invoicing will follow the payment method selected by the Client.
If payment is made in a currency other than Euro (€), the invoiced amount will be calculated based on the official exchange rate on the day before the invoice is issued.
The Service Activation Date corresponds to:
The date MailSenpai notifies the Client of successful activation.
If no such notification is sent, the date the Client begins using the service.
Payment methods accepted:
Bank transfer
Credit card
Once payment is successfully verified, MailSenpai will issue the corresponding invoice.
Email Sending Limits and Additional Fees
With the MailSenpai subscription fee, the Client can send a predefined number of emails per month (the “threshold”).
Unused email credits do not roll over to the next month. At the end of each month, counters reset.
The Client may send emails beyond the threshold, with excess emails billed at the CPM rate (cost per thousand emails) specified in the Order Form.
Additional usage fees will be billed monthly if they exceed €50 (excluding VAT); otherwise, the amount will roll over and be billed when it reaches this threshold.
If, at the contract’s expiration, total excess usage does not exceed €50, it will be billed at the final invoice.
Plan Upgrades and “Pay-as-you-go” Usage
The Client may request plan upgrades, which will be activated under the pricing conditions published on the MailSenpai website.
MailSenpai also offers an alternative payment model called “Pay-as-you-go”, which allows email sending without a recurring subscription.
To send emails in Pay-as-you-go mode, the Client must pre-purchase credits in fixed, non-divisible amounts.
Once credits are exhausted, no further emails can be sent unless additional credits are purchased.
Credits expire based on the duration stated in the Order Form, but no later than 12 months.
Expired, unused credits are forfeited, with no refund or reimbursement.
Upon expiration, all Client data will be permanently deleted from the MailSenpai platform.
The Client may extend the validity of unused credits for an additional 12 months by purchasing a new credit package before the expiration date.
All pricing listed on the website and in the Order Form is exclusive of VAT.
Recurring Payments & Late Payments
All payments must be made on time, with no suspension or delay allowed, even in the presence of disputes.
The Client must first pay in full before initiating any legal claims related to billing discrepancies.
Automatic Renewal & Recurring Payments
If the Client pays via credit card or PayPal, recurring billing will be enabled, meaning automatic pre-authorized charges will be applied at renewal.
If the automatic charge fails, MailSenpai will immediately suspend sending functionalities and notify the Client’s Administrative Contacts.
Non-Payment & Account Suspension
If the Client fails to pay within 10 calendar days of receiving a payment failure notice, MailSenpai may:
Block access to the platform.
Terminate the contract.
Delete all Client data permanently.
Retain the full amount due for the entire contract period.
In case of late payments, statutory interest will apply, as per Legislative Decree No. 231/2002 and its subsequent amendments.
MailSenpai reserves the right to adjust the subscription fee annually upon contract renewal.
Service Changes & Client Complaints
MailSenpai may modify or discontinue specific services or features of the platform without prior notice.
The Client acknowledges that MailSenpai does not guarantee the availability of specific functionalities. However, MailSenpai will make reasonable efforts to inform Clients of major service changes.
If the Client disputes any charges, they must submit a written complaint within 30 days of receiving the invoice. Failure to do so constitutes acceptance of the charges
13. Jurisdiction
Any disputes arising from the interpretation or execution of this Agreement shall be subject to the exclusive jurisdiction of the Court of Trani, Italy.
14. Final Provisions
MailSenpai may unilaterally modify this Agreement at any time. Changes take effect upon email notification to the Client’s Administrative Contact.
Continued use of the MailSenpai Platform after receiving the notice constitutes acceptance of the changes under Article 1327 of the Italian Civil Code.
If the Client does not accept the modifications, they must notify MailSenpai via PEC or registered mail within 10 days. MailSenpai then has the right to terminate the contract and charge fees for the period the Client used the platform.
Legal Validity:
Tolerating a breach does not constitute a waiver of any rights.
Even if a clause is found invalid, the remaining provisions remain fully enforceable.
The Parties agree that electronic communications and records shall be legally equivalent to written agreements.
Language & Execution:
This Agreement is drafted in multiple languages, but in case of disputes, the Italian version shall prevail, and proceedings shall be conducted exclusively in Italian.
The Agreement takes effect upon signing.
The Client expressly waives the right of withdrawal within 10 days of signing, per Article 5(3) of Legislative Decree 185/1999.
