MailYVO Terms and Conditions
These Terms govern access to and use of MailYVO by the owner or an authorized representative of a Shopify store. Please read them before using the service.
1. Scope and acceptance
By installing, accessing or using MailYVO, or by approving a MailYVO charge through Shopify, the merchant accepts these Terms on behalf of the business that operates the connected Shopify store. A person accepting these Terms confirms that they are at least 18 years old, have legal capacity and are authorized to bind that business.
MailYVO is provided exclusively to merchants acting for business or professional purposes. It is not offered for personal or consumer use.
These Terms apply together with the Privacy Policy and the pricing terms shown in MailYVO and approved through Shopify. Shopify's own terms and policies continue to apply independently.
2. Service and account
MailYVO provides tools for contact synchronization, audience management, newsletters, campaigns, automatic emails, templates, email delivery and reports. Some functions depend on Shopify, domain services, email providers and other third-party systems.
The merchant must provide accurate information, protect account credentials and allow access only to authorized people. The merchant is responsible for all activity carried out through its store and must promptly report suspected unauthorized access.
MailYVO may adjust, replace or discontinue individual functions when reasonably necessary for security, legal compliance, compatibility, maintenance or service improvement. Material changes are handled as described in section 16.
3. Merchant responsibilities
The merchant decides why, when, to whom and with what content an email is sent. The merchant remains responsible for its campaigns, recipients, sender identity, domains, links, offers, products and every instruction given to MailYVO.
For every message, the merchant must:
- comply with all applicable marketing, privacy, consumer protection, intellectual property and electronic communications laws;
- have and retain evidence of a valid legal basis, including consent where required, for every recipient and every intended use;
- use accurate sender information, subjects, headers, business details and a valid physical mailing address;
- make commercial messages clearly identifiable and identify the person or business on whose behalf they are sent;
- honor unsubscribes, objections, complaints and suppression lists promptly, and never attempt to bypass them;
- comply with Shopify policies and the rules of any email, hosting, domain or network provider used with the service.
4. Prohibited use
The merchant must not use, attempt to use or allow anyone to use MailYVO for:
- phishing, credential theft, impersonation, identity theft, fraud, scams or any deceptive request for payments, security codes, personal data or account access;
- spam, unsolicited bulk email or messages to recipients for whom the merchant cannot demonstrate a valid legal basis;
- purchased, rented, scraped, harvested, stolen or otherwise unlawfully obtained contact lists;
- false or misleading sender names, domains, subjects, headers, claims, links or transmission paths, or the unauthorized use of another person's brand or identity;
- malware, harmful code, malicious attachments, unsafe or disguised redirects, illegal content, or content that infringes privacy, intellectual property or other third-party rights;
- bypassing warm-up, rate limits, suppressions, unsubscribe controls, security checks, billing gates or other safeguards, including by creating replacement accounts;
- activity that produces abnormal complaint or rejection rates, threatens recipients, or may damage the security, operation or reputation of MailYVO, Shopify or an email provider.
5. Checks, suspension and closure for abuse
To protect recipients and the service, MailYVO may review account information, sender configuration, message content, links, delivery events and other relevant risk signals, only to the extent reasonably necessary and in accordance with the Privacy Policy.
When objective information creates a reasonable suspicion of phishing, spam, fraud, impersonation, malware, unlawful activity or other serious abuse, MailYVO may immediately suspend account access and all sending, including scheduled messages and automations, without prior notice while checks are carried out. The merchant may be asked to prove its identity, domain control, rights to content and the legal basis for its recipient lists, and must cooperate promptly and truthfully.
If a serious violation is manifest or is reasonably confirmed from the available evidence, MailYVO may permanently close the account without prior notice, cancel queued messages and automations, prevent attempts to open replacement accounts, preserve relevant evidence and report or disclose information to Shopify, service providers, affected parties or competent authorities where permitted or required by law.
Where legally permitted and compatible with security and investigations, MailYVO will communicate the reason for the decision and the merchant may request a review by contacting support.
6. Pricing and Shopify billing
All app charges are processed in US dollars through the Shopify Billing API and require the approval requested in Shopify. The contact tiers are:
- 0 to 250 Shopify customer contacts: no charge and no billing approval;
- 251 to 2,500 Shopify customer contacts: USD 25 for each 30-day app billing period;
- above 2,500 contacts: an additional USD 15 for each further block, or partial block, of 2,000 contacts for each 30-day app billing period.
7. How charges are calculated
The billing count includes all Shopify customer contacts in the store, including contacts without active marketing consent, without a usable email address, or who cannot receive messages. Consent, validity, unsubscribes, rejections, complaints and suppressions determine who may receive an email, but do not reduce the billing contact count.
After approval, MailYVO posts the full amount for the current tier once per 30-day app billing period. If the store moves to a higher tier, only the unpaid difference is posted after Shopify approval of the new total cap. If the contact count falls, the lower tier applies from the next app billing period and does not create a refund or negative charge for the current period.
The tier charge is due regardless of the number of emails created, sent, delivered or opened and regardless of how often the app is used. Taxes, currency conversion and the timing of the Shopify invoice are managed by Shopify. A paid tier that has not been approved may result in the app and all sending being blocked until approval.
8. Refunds and confirmed abuse
Except where mandatory law requires otherwise, a verified billing error or overcharge has occurred, or MailYVO expressly agrees otherwise in writing, charges already approved, accrued, posted or paid are non-refundable. Uninstalling the app, using it only in part, not sending emails or not using all available functions does not create a right to a full or partial refund or credit.
If the account is suspended or closed because a serious violation involving phishing, fraud, impersonation, spam, malware, unlawful conduct or other abuse has been manifestly established or reasonably confirmed, the merchant is not entitled to any refund, credit or pro-rata reimbursement for amounts already approved, accrued, posted, paid or due, including for the unused part of the billing period. Amounts accrued before closure remain due. No new service charge will accrue after the effective closure, except for amounts already generated or attributable to the preceding period.
9. Cancellation and termination
The merchant may stop using MailYVO and uninstall the app through Shopify. Access and sending then end, but charges already generated, accrued or pending may still appear on a Shopify invoice and remain subject to these Terms.
MailYVO may suspend or terminate the service for a material breach of these Terms, non-payment, a legal or provider requirement, a security risk, discontinuation of the service, or the abuse described in sections 4, 5 and 8. Where the reason is reasonably capable of remedy and no urgent risk exists, MailYVO may provide an opportunity to correct it.
Provisions concerning accrued payments, ownership, privacy, evidence retention, liability, indemnity and disputes continue to apply after termination to the extent necessary to give them effect.
10. Content and intellectual property
The merchant retains its rights in content, trademarks, customer data and materials it provides. The merchant grants MailYVO a limited, non-exclusive right to host, copy, format, process and transmit those materials only as necessary to provide, secure and support the service.
The merchant confirms that it has all permissions needed for the content, domains, images, brands, offers and links it uses. MailYVO and its licensors retain all rights in the app, software, design, documentation, brand and technology. These Terms do not transfer ownership of either party's intellectual property.
11. Privacy and data protection
Personal data is handled as described in the MailYVO Privacy Policy. The merchant determines the purposes, recipients and content of its marketing activity and is responsible for the lawfulness of those decisions. MailYVO processes customer data to provide the requested service and processes account, security, billing and operational data for the purposes described in the Privacy Policy.
Each party must comply with the data-protection obligations that apply to its role. The merchant must respond to data-subject requests relating to its store and must not instruct MailYVO to process data unlawfully. MailYVO may retain limited records after termination where required for legal compliance, billing, security, fraud prevention or the establishment, exercise or defence of claims.
12. Shopify and third-party services
Shopify, email providers, domain and DNS services, hosting providers and other integrations are independent services governed by their own terms. Their availability, decisions, restrictions and changes may affect MailYVO. MailYVO does not control those third parties and is not responsible for an interruption or action attributable to them.
Shopify is not a party to the agreement between the merchant and MailYVO and does not provide support for MailYVO. The merchant remains bound by its agreements with Shopify. When using a custom email service, the merchant is also responsible for that service, its credentials, configuration, limits and compliance requirements.
13. Availability and email delivery
MailYVO is provided on an as-available basis. MailYVO does not promise uninterrupted or error-free operation and may perform maintenance or emergency work. Reasonable measures are used to protect the service and restore it after an incident.
Email delivery depends on recipient servers, sender reputation, content, authentication, complaints, providers and other factors outside MailYVO's control. MailYVO does not guarantee delivery, inbox placement, delivery time, avoidance of blocklists, opens, clicks, sales or any commercial result. Warm-up, safety limits and automatic pauses may delay or stop sending to protect recipients and sender reputation.
Reports and engagement measurements can be affected by privacy technologies, provider behavior and incomplete third-party data and should not be treated as guaranteed or legally conclusive measurements.
14. Liability
To the maximum extent permitted by applicable law, MailYVO is not liable for indirect or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings, or for loss caused by merchant content, recipient lists, third-party services, email filtering, account restrictions or the merchant's breach of law or these Terms.
To the maximum extent permitted by law, MailYVO's total aggregate liability arising from the service or these Terms will not exceed the amount actually paid by the merchant to MailYVO through Shopify during the six months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability for wilful misconduct, gross negligence, death or personal injury, breach of obligations that cannot lawfully be limited, or any other liability that applicable law does not allow the parties to exclude or limit.
15. Merchant indemnity
To the extent permitted by law, the merchant will indemnify and hold MailYVO harmless from third-party claims, losses, penalties and reasonable costs arising from the merchant's content, recipient lists, products, sender identity, infringement of third-party rights, unlawful instructions, violation of applicable law, or material breach of these Terms, to the extent attributable to the merchant. MailYVO will provide reasonable notice and cooperation where circumstances permit.
16. Changes to the service, prices or Terms
MailYVO may change these Terms when reasonably necessary. Material changes that adversely affect the merchant will be communicated through the app, the contact channel associated with the store or another appropriate method before they take effect, unless an immediate change is necessary for legal, regulatory, security, fraud or abuse-prevention reasons.
Continued use after a change takes effect constitutes acceptance of the revised Terms to the extent permitted by law. If the merchant does not agree, it must stop using and uninstall the app. Price increases or a higher billing cap are submitted for Shopify approval when required.
17. General terms and contact
These Terms, the Privacy Policy and the pricing terms approved through Shopify form the agreement governing the service. If one provision is invalid or unenforceable, it will be limited only to the extent necessary and the remaining provisions will continue to apply. A failure to enforce a provision is not a waiver of it.
The merchant may not assign this agreement without prior written consent. MailYVO may assign it as part of a merger, corporate reorganization, sale of the service or transfer to a successor that assumes the relevant obligations.
Applicable law and the competent court are determined by the mandatory rules governing the relationship. Before starting formal proceedings, the parties should attempt in good faith to resolve the matter through support, unless urgent relief is required. The English and Italian versions are intended to have the same meaning.
MailYVO is the name of the service. Questions, complaints, billing requests, legal notices and requests to review an abuse decision can be sent to support@mailyvo.com.