Terms of Service

1. About These Terms

These Terms of Service govern your use of the Mighty Mail email marketing service, operated by Small But Mighty Limited ("we", "us", "our"). By signing up for or using our services, you agree to these terms. If you do not agree, please do not use our services.

2. Our Services

Mighty Mail provides email marketing services including campaign management, HTML email template design, marketing automation, Shopify and API integrations, and deliverability management. The specific services available to you depend on the plan you have selected.

3. Account Setup and Fees

• A one-off setup fee of $500 NZD applies to all monthly plans and covers account configuration, list migration, domain authentication, and your first branded template.
• Monthly fees are billed in advance and are due on the same date each month.
• Pay Per Campaign fees are invoiced upon completion of each campaign.
• All prices are in New Zealand Dollars (NZD) and exclude GST unless otherwise stated.
• We reserve the right to adjust pricing with 30 days' written notice.

4. Your Responsibilities

You agree to:

• Only send emails to people who have given you explicit permission to contact them
• Comply with the New Zealand Unsolicited Electronic Messages Act 2007 (the Spam Act) and all applicable anti-spam laws
• Maintain accurate and up-to-date subscriber lists
• Not use our services to send misleading, fraudulent, or harmful content
• Provide accurate information about yourself and your business
• Pay all fees on time

5. Acceptable Use

You must not use Mighty Mail to send:

• Unsolicited bulk email (spam)
• Content that is illegal, defamatory, threatening, or harassing
• Content that infringes intellectual property rights
• Phishing, malware, or other malicious content
• Content promoting illegal goods or services

We reserve the right to suspend or terminate accounts that violate these rules immediately and without notice.

6. Intellectual Property

You retain ownership of all content you provide to us, including your subscriber lists and email copy. You grant us a licence to use your content solely for the purpose of delivering your campaigns.

Email templates we design for you are owned by you upon full payment. Our underlying systems, processes, and platform technology remain our property.

7. Cancellation

You may cancel your monthly plan at any time with 30 days' written notice to team@mightymail.nz. No refunds are provided for the current billing period. The one-off setup fee is non-refundable.

We may terminate your account if you breach these terms, fail to pay, or use our services in a way that damages our reputation or the deliverability of other clients.

8. Limitation of Liability

To the maximum extent permitted by law, Mighty Mail and Small But Mighty Limited shall not be liable for any indirect, incidental, or consequential damages arising from your use of our services. Our total liability in any circumstances is limited to the fees you have paid us in the three months preceding the claim.

9. Governing Law

These terms are governed by the laws of New Zealand. Any disputes shall be resolved in the New Zealand courts.

10. Changes to These Terms

We may update these Terms of Service from time to time. We will notify you of material changes by email. Continued use of our services after changes take effect constitutes your acceptance of the updated terms.

11. Contact

Questions about these terms? Contact us at team@mightymail.nz.