Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, applications, APIs, integrations (including MCP and webhook interfaces), and related services offered by Sponge Labs LLC under the MailStream brand (collectively, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who we are

The Service is operated by Sponge Labs LLC ("MailStream," "we," "us," or "our"). Contact: hello@mailstream.app.

2. Eligibility and accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly at hello@mailstream.app if you suspect unauthorized use.

3. The Service

MailStream provides tools to create, manage, and fulfill physical mail (for example postcards, letters, and checks), including address verification, production, postage, and delivery through our network of print and postal partners. Features may change over time. We may suspend or discontinue parts of the Service with reasonable notice where practicable.

4. Customer content and compliance

You retain ownership of content you submit ("Customer Content"), including mailing lists, creative assets, and recipient data. You grant us a limited license to host, process, print, and transmit Customer Content solely to provide the Service. You represent and warrant that you have all rights and lawful bases necessary to submit Customer Content and to instruct us to process it, including compliance with applicable privacy, marketing, and postal regulations (for example consent where required, suppression lists, and industry-specific rules).

You will not use the Service to send unlawful, fraudulent, harassing, defamatory, deceptive, or harmful materials; to violate third-party rights; to distribute malware; or to circumvent technical limits, billing, or security controls. We may refuse or cancel jobs that violate these Terms or applicable law.

5. Third parties

Fulfillment relies on carriers, presort providers, address data vendors, cloud infrastructure, and other subprocessors. Their terms, service standards, and delivery timelines may apply in addition to ours. We are not responsible for delays or failures outside our reasonable control.

6. Fees and taxes

Paid plans, postage, printing, and related fees are described at checkout, in your order summary, or in an applicable order form. You authorize us to charge your payment method for amounts due. Fees are non-refundable except where required by law or expressly stated in writing. You are responsible for applicable taxes.

7. Intellectual property

We and our licensors own the Service, including software, documentation, and branding. Except for the limited rights granted in these Terms, no rights are transferred to you. Feedback you provide may be used without obligation to you.

8. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). The receiving party will use reasonable care to protect Confidential Information and use it only for the purposes of these Terms, subject to standard exceptions (public domain, independently developed, rightfully received from a third party, or required by law).

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT MAIL WILL BE DELIVERED BY A SPECIFIC DATE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MAILSTREAM NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THAT PERIOD OR (B) ONE HUNDRED U.S. DOLLARS (US $100), EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY LAW.

11. Indemnity

You will defend and indemnify MailStream and its affiliates, officers, directors, employees, and agents against any third-party claims, damages, liabilities, and costs (including reasonable attorneys' fees) arising from Customer Content, your use of the Service in violation of these Terms, or your violation of law or third-party rights.

12. Term and termination

These Terms remain in effect while you use the Service. We may suspend or terminate access for material breach or risk to the Service or others. You may stop using the Service at any time. Provisions that by their nature should survive (fees owed, confidentiality, disclaimers, limitations, indemnity, governing law) will survive termination.

13. Governing law; disputes

These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules, unless a mandatory law of your jurisdiction provides otherwise. Courts in Delaware have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer, you may have additional rights that cannot be waived by contract.

14. Changes

We may modify these Terms by posting an updated version on this page and updating the "Last updated" date. Material changes will be communicated in a reasonable manner (for example email or in-product notice). Continued use after the effective date constitutes acceptance of the revised Terms.

15. General

These Terms constitute the entire agreement between you and MailStream regarding the Service and supersede prior understandings on the same subject. If any provision is unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms: hello@mailstream.app.