Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between Full Stack Inc., an Ohio corporation ("Full Stack," "MailApprove," "Company," "we," "us," or "our"), and the business entity or organization accepting these Terms ("Customer," "you," or "your").
By registering for, subscribing to, accessing, connecting an email system to, or using the MailApprove platform (the "Service"), Customer agrees to be bound by these Terms.
The individual accepting these Terms represents and warrants that they are at least eighteen (18) years old, have the legal authority to bind Customer, and are accepting these Terms on Customer's behalf.
The Service is offered exclusively for business and organizational purposes and is not intended for personal, family, or household use.
If Customer does not agree to these Terms, Customer must not access or use the Service.
2. Description of Service
MailApprove is a cloud-based email confirmation and delayed-delivery service designed to provide an additional opportunity for users to reconsider their intention to send outgoing email messages.
The Service may:
- Access and retrieve outgoing email messages and associated information from Customer's authorized Microsoft 365 Exchange Online environment.
- Generate and deliver a confirmation request to the apparent sender of an email.
- Permit the sender to approve or otherwise respond to the confirmation request.
- Hold or process messages for a configurable or predetermined period.
- Automatically release and transmit messages when the applicable confirmation period expires without a response.
- Process and transmit outgoing messages through infrastructure operated or controlled by Full Stack and route those messages to Customer's configured SMTP endpoint.
- Provide related configuration, administration, logging, and reporting functionality, where available.
The Service's functionality, timing, supported integrations, and available configuration options may change.
The Service is intended solely as a supplemental confirmation mechanism. Customer acknowledges that the Service cannot and does not guarantee that an incorrect, unauthorized, fraudulent, confidential, or otherwise unintended email will be prevented from being transmitted.
3. Automatic Email Transmission and Customer Authorization
3.1 Automatic Release of Messages
Customer understands that a sender's failure to respond to a confirmation request does not necessarily indicate an intention to transmit the email. Nevertheless, automatic transmission following expiration of the applicable period is an intended and authorized feature of the Service. Customer assumes responsibility for selecting, enabling, and using the Service with this functionality.
3.2 No Guarantee of Confirmation
Customer acknowledges that confirmation requests may be delayed, blocked, filtered, deleted, misdirected, overlooked, or otherwise not received or acted upon.
Full Stack does not guarantee that:
- A sender will receive or review a confirmation request.
- A sender will respond before the configured period expires.
- A confirmation response will be received or processed successfully.
- A message will remain unsent until the sender personally reviews it.
- A message will be prevented from reaching an unintended recipient.
- An attempted cancellation will prevent delivery in every circumstance.
3.3 Timing and Processing
Confirmation periods and release times may be affected by network latency, processing delays, service interruptions, third-party systems, queued operations, configuration changes, and other factors.
Any countdown, timestamp, scheduled release time, or displayed status is informational and does not constitute a guarantee of processing or delivery at a particular time.
Customer acknowledges that cancellation or rejection instructions may not be effective once a message has entered a transmission process that cannot reasonably be reversed.
3.4 Authorization to Process and Transmit
Customer expressly authorizes Full Stack to access, retrieve, temporarily store where necessary, process, queue, modify technical transmission information where necessary, and transmit Customer email messages and associated metadata for the purpose of providing the Service.
This authorization includes transmission through Full Stack's systems and Customer's designated SMTP infrastructure. Customer represents that it has all necessary rights, permissions, consents, and legal authority to grant this authorization.
3.5 Responsibility for Outcomes
To the maximum extent permitted by applicable law, Customer assumes the risks arising from its decision to use automatic transmission, including unintended disclosures, misaddressed messages, missed confirmations, incorrect recipients, and other consequences of outgoing email transmission.
Full Stack shall not be responsible for the business, financial, operational, contractual, or reputational consequences of Customer email transmissions except to the limited extent liability cannot lawfully be excluded under these Terms.
4. Customer Responsibilities
Customer is solely responsible for:
- The content, recipients, attachments, legality, and appropriateness of emails originating from its systems.
- Establishing and maintaining appropriate internal email policies.
- Training its users on the Service's functionality, particularly automatic transmission.
- Configuring and reviewing confirmation periods and other available settings.
- Maintaining appropriate Microsoft 365 permissions and SMTP configurations.
- Monitoring the operation of its email environment.
- Maintaining appropriate security, compliance, backup, retention, and recovery systems independent of MailApprove.
- Ensuring that its use of the Service complies with applicable laws, regulations, employment obligations, confidentiality agreements, and contractual requirements.
- Obtaining any required notices, permissions, or consents from employees, users, recipients, or other individuals whose information is processed through the Service.
- Promptly notifying Full Stack of suspected account compromise, unauthorized access, or material configuration errors.
Customer shall not rely on MailApprove as its sole method of preventing unauthorized or accidental disclosure of information.
5. Microsoft 365 and Third-Party Integrations
The Service relies on Microsoft 365 Exchange Online, Customer's SMTP infrastructure, internet connectivity, and potentially other third-party products and services.
Full Stack is not affiliated with, sponsored by, or endorsed by Microsoft unless expressly stated otherwise.
Customer acknowledges that the availability, performance, and features of the Service may be affected by changes to Microsoft 365 or other third-party platforms outside Full Stack's control. Full Stack is not responsible for outages, changes, or limitations imposed by Microsoft or other third-party providers. Customer is responsible for maintaining its own Microsoft 365 subscription and complying with Microsoft's terms of service.
6. Privacy and Data Handling
Full Stack's collection and use of information in connection with the Service is described in the MailApprove Privacy Policy, which is incorporated by reference.
Customer is responsible for its own compliance with applicable privacy and data protection laws in connection with its use of the Service. Customer represents that it has provided all required notices and obtained all required consents for the processing of personal data through the Service.
7. Limitations of Service
Customer acknowledges that the Service is not designed or intended to:
- Guarantee that any email will be prevented from transmission.
- Prevent disclosure of confidential, proprietary, regulated, or personally identifiable information.
- Identify incorrect recipients or inappropriate attachments.
- Satisfy Customer's obligations under HIPAA, GLBA, GDPR, CCPA, or other privacy, security, or industry-specific regulations.
- Provide legally sufficient message archiving, e-discovery, supervision, retention, or audit records.
- Prevent financial loss or other damages caused by an outgoing email.
Customer must independently determine whether the Service is appropriate for its business and regulatory requirements.
Customer shall not transmit protected health information or other specially regulated information through the Service where a separate agreement, authorization, or compliance arrangement is legally required unless Full Stack has expressly agreed in writing to the applicable requirements.
8. Customer Data and Privacy
8.1 Ownership
As between the parties, Customer retains its rights in email content, attachments, recipient information, and other data submitted to or processed through the Service ("Customer Data"). Full Stack does not acquire ownership of Customer Data by providing the Service.
8.2 Limited License
Customer grants Full Stack a nonexclusive, worldwide, royalty-free license during the term of the Agreement, and for any legally permitted post-termination processing period, to access, host, reproduce, transmit, process, and otherwise use Customer Data solely as reasonably necessary to provide, maintain, secure, troubleshoot, support, and improve the Service, comply with applicable law, and enforce these Terms. Full Stack shall not sell Customer email content to third parties.
8.3 Data Processing
Customer acknowledges that email messages and associated information may pass through Full Stack-controlled infrastructure and authorized service providers. Full Stack may process email addresses, message headers, message bodies, attachments, timestamps, identifiers, transmission statuses, and other information necessary for Service functionality. Full Stack will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information processed. No electronic system can be guaranteed to be completely secure.
8.4 Data Retention
Customer Data may be retained for the period reasonably necessary to operate the Service, complete pending processing, maintain operational records, resolve disputes, satisfy legal obligations, and enforce these Terms. Customer is responsible for maintaining its own copies and backups of email communications. MailApprove is not a backup, archival, or records-management service.
8.5 Security Incidents
Full Stack will provide legally required notifications concerning security incidents in accordance with applicable law and any separately executed data processing agreement. Customer acknowledges that security incidents may occur despite reasonable safeguards. The parties' respective responsibilities for a security incident shall be determined under applicable law and the limitations and allocations of responsibility contained in this Agreement, to the extent legally enforceable.
8.6 Data Processing Agreements
If Customer requires a data processing agreement, business associate agreement, or other specialized contractual arrangement, such agreement must be separately executed by authorized representatives of both parties before the relevant regulated processing begins. Full Stack is not deemed to have accepted additional data protection obligations merely because Customer uses the Service.
9. Accounts and Authorized Users
Customer is responsible for all activity occurring under its account and through its authorized users, subject to applicable law. Customer shall maintain accurate account information and protect administrative credentials. Customer shall promptly revoke access for users who are no longer authorized.
Full Stack may rely on instructions, settings, and authorizations originating from Customer's authenticated account or configured integrations unless it has actual knowledge requiring a different response under applicable law. Full Stack may impose reasonable account, user, message-volume, storage, or processing limits.
10. Subscription Fees and Billing
10.1 Monthly Subscription
The Service is provided on a recurring monthly subscription basis unless otherwise agreed in writing. Customer agrees to pay the applicable subscription fees, user-based licensing charges, usage charges, taxes, and other disclosed amounts associated with its selected plan.
10.2 Automatic Renewal
Unless canceled before the next renewal date, Customer's subscription automatically renews for successive monthly periods at the then-applicable subscription rate, subject to required disclosures and applicable law. Customer authorizes Full Stack and its payment processors to charge the payment method on file for recurring subscription fees.
10.3 Cancellation
Customer may cancel its subscription only by submitting a written cancellation request to support@mailapprove.com.
Cancellation requests become effective at the end of the current paid billing period, provided the request is received before the next renewal date and contains sufficient information to identify the Customer account and verify the requester's authority. Full Stack will not unreasonably delay processing a properly submitted cancellation request.
Unless otherwise required by applicable law or expressly agreed in writing, cancellation does not entitle Customer to a prorated refund for unused subscription time. Customer remains responsible for all fees incurred before the effective cancellation date.
10.4 Refunds
Full Stack is not obligated to provide refunds or credits for partial billing periods, unused accounts, service interruptions, or Customer configuration issues.
10.5 Failed Payments
Full Stack may suspend or terminate access for overdue amounts following any notice or cure period required by applicable law. Customer remains responsible for accrued charges.
10.6 Pricing Changes
Full Stack may modify subscription pricing prospectively upon reasonable advance notice. Pricing changes will generally apply beginning with a subsequent renewal period, subject to applicable law and any binding written pricing commitment.
10.7 Taxes
Fees exclude applicable taxes unless otherwise stated. Customer is responsible for applicable sales, use, value-added, and similar taxes, excluding taxes on Full Stack's net income.
10.8 User Count and License Management
Customer is solely responsible for maintaining an accurate count of all users authorized or configured to utilize the Service ("Licensed Users") and ensuring that its subscription reflects the appropriate number of Licensed Users.
For billing purposes, a Licensed User includes any individual account enabled or configured to use the Service, regardless of whether the individual actively sends email messages or otherwise utilizes the Service during a particular billing period.
All requests to add or remove Licensed Users, modify subscription quantities, or otherwise adjust licensing must be submitted in writing to support@mailapprove.com.
Full Stack has no obligation to proactively monitor, identify, or adjust Customer's Licensed User count.
11. Acceptable Use
Customer shall not use the Service to:
- Send spam, phishing messages, fraudulent communications, or unlawful content.
- Violate privacy, intellectual property, confidentiality, or other third-party rights.
- Transmit malicious software or harmful code.
- Circumvent security restrictions or access controls.
- Interfere with the operation or security of the Service.
- Conduct unauthorized penetration testing or vulnerability scanning.
- Resell or sublicense the Service without written authorization.
- Reverse engineer, decompile, or attempt to extract proprietary source code except to the extent restrictions are prohibited by law.
- Use the Service in violation of applicable sanctions, export restrictions, or anti-spam laws.
- Exceed applicable usage limits or materially disrupt shared infrastructure.
Full Stack may investigate suspected violations and suspend or terminate access when reasonably necessary to protect the Service, other customers, third parties, or its legal interests.
12. Intellectual Property
Full Stack and its licensors retain all right, title, and interest in the Service, including its software, source code, architecture, algorithms, documentation, designs, trademarks, and related intellectual property.
Subject to compliance with these Terms and payment of applicable fees, Full Stack grants Customer a limited, nonexclusive, nontransferable, nonsublicensable right to access and use the Service during the subscription term for its internal business purposes. No ownership rights are transferred to Customer.
Customer grants Full Stack the right to use feedback or suggestions voluntarily submitted regarding the Service without compensation or obligation, provided Full Stack does not publicly disclose Customer's confidential information in doing so.
13. Service Availability and Modifications
The Service is provided without a guaranteed uptime percentage, response time, processing time, or service level unless a separate written service level agreement has been executed.
Full Stack may perform maintenance, updates, repairs, and infrastructure changes. Full Stack may modify, replace, add, or discontinue features for legitimate operational, security, legal, technical, or business reasons. Where a material reduction in core paid functionality is planned, Full Stack will endeavor to provide reasonable advance notice when practicable. Full Stack is not responsible for interruptions arising from circumstances outside its reasonable control.
14. Suspension and Termination
14.1 Suspension
Full Stack may suspend access immediately when reasonably necessary because of:
- Suspected unauthorized access or security threats.
- Illegal or prohibited activity.
- Material violations of these Terms.
- Nonpayment.
- Threats to platform stability.
- Third-party service restrictions.
- Legal or regulatory requirements.
Full Stack may act without prior notice when advance notice would be impracticable, unlawful, or likely to increase risk.
14.2 Termination by Customer
Customer may terminate its subscription by submitting a written cancellation request to support@mailapprove.com in accordance with Section 10.3.
14.3 Termination by Full Stack
Full Stack may terminate the Agreement for material breach, persistent nonpayment, discontinuation of the Service, or other grounds expressly permitted under these Terms. For a remediable material breach, Full Stack may provide a reasonable opportunity to cure unless immediate termination is justified.
14.4 Effect of Termination
Upon expiration or termination, Customer's access rights cease.
Full Stack does not guarantee completion, delivery, cancellation, or preservation of pending messages following termination. Customer remains responsible for accrued payment obligations. Full Stack may delete Customer Data in accordance with its published retention practices, applicable law, and any separately executed data processing agreement.
15. Disclaimer of Warranties
FULL STACK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
FULL STACK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE AGAINST EVERY THREAT, OR COMPATIBLE WITH ALL CUSTOMER SYSTEMS.
FULL STACK DOES NOT WARRANT THAT THE SERVICE WILL PREVENT AN ACCIDENTAL EMAIL, STOP AN UNAUTHORIZED TRANSMISSION, OR ACHIEVE ANY PARTICULAR BUSINESS RESULT.
NO ORAL OR WRITTEN INFORMATION PROVIDED BY FULL STACK CREATES A WARRANTY UNLESS EXPRESSLY INCLUDED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE.
16. Limitation of Liability
16.1 Exclusion of Certain Damages
This exclusion applies regardless of whether such damages were foreseeable or Full Stack was advised of their possibility, and regardless of the legal theory asserted, to the extent permitted by law.
16.2 Aggregate Liability Cap
This is a cumulative cap applying to all claims collectively, not a separate cap for each claim or incident. The cap applies regardless of whether claims arise in contract, tort, negligence, strict liability, statute, or otherwise, except where such limitation is prohibited by applicable law.
16.3 Specific Email-Related Risks
Without limiting Sections 16.1 and 16.2, Full Stack disclaims liability, to the maximum extent permitted by law, for damages arising from:
- Emails transmitted following expiration of a confirmation period.
- Emails transmitted without an affirmative confirmation response.
- A sender's failure to notice or respond to a confirmation request.
- Accidental or unintended disclosure of information.
- Incorrect email recipients or attachments.
- Email delivery failures, delays, duplicates, or routing errors.
- Incorrect Customer configurations.
- Unauthorized use of Customer accounts or third-party systems.
- Third-party email infrastructure or integration failures.
- Customer reliance on the Service as a security or compliance control.
16.4 Essential Allocation of Risk
Customer acknowledges that the fees charged for the Service reflect the allocation of risk in these Terms. The parties agree that the limitations and exclusions in this Section are material elements of their agreement and that Full Stack would not provide the Service at the agreed pricing without them. The limitations apply even if a limited remedy fails of its essential purpose, to the extent permitted by applicable law.
16.5 Non-Excludable Liability
Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.
17. Customer Indemnification
To the maximum extent permitted by law, Customer shall defend, indemnify, and hold harmless Full Stack and its officers, directors, employees, affiliates, agents, contractors, and licensors from and against third-party claims, demands, actions, proceedings, damages, liabilities, judgments, settlements, and reasonable attorneys' fees arising from or relating to:
- Customer Data or email content.
- Customer's use or misuse of the Service.
- Customer's violation of applicable law or third-party rights.
- Customer's failure to obtain necessary authorizations, notices, or consents.
- Customer's email recipients, attachments, or transmission instructions.
- Customer's configuration of automatic transmission or confirmation periods.
- Customer's breach of these Terms.
- Customer's unauthorized or unlawful processing of personal or confidential information.
- Claims by Customer's employees, users, customers, vendors, or email recipients arising from Customer's use of the Service.
Customer shall not be required to indemnify Full Stack to the extent a claim is finally determined to have resulted from Full Stack's own conduct for which indemnification is prohibited by applicable law.
Full Stack shall provide reasonably prompt notice of an indemnified claim and reasonable cooperation at Customer's expense. Customer may control the defense using qualified counsel, provided that no settlement imposing obligations, admissions, or nonmonetary relief on Full Stack may be entered without Full Stack's prior written consent. Full Stack may participate through counsel of its choice at its own expense.
18. Confidentiality
Each party may receive nonpublic information from the other that is identified as confidential or reasonably should be understood to be confidential. The receiving party shall use such information only as necessary to perform or exercise its rights under this Agreement and shall protect it using reasonable care.
Confidentiality obligations do not apply to information that is publicly available without breach, independently developed, lawfully obtained from another source without restriction, or already known without confidentiality obligations.
Full Stack may disclose Customer information to authorized personnel, contractors, and service providers with a legitimate need to know and appropriate confidentiality obligations. Disclosure may also occur where required by law, legal process, or valid governmental authority, subject to applicable legal restrictions and notice requirements.
19. Independent Customer Decisions
Customer retains exclusive responsibility for determining whether the Service is appropriate for its operations and for making business decisions based on email communications.
Full Stack does not act as Customer's fiduciary, compliance officer, legal adviser, cybersecurity adviser, or insurer. Customer acknowledges that the Service provides an additional opportunity for human review but does not replace Customer's own judgment, controls, policies, or oversight.
20. Dispute Resolution and Governing Law
20.1 Governing Law
This Agreement shall be governed by the laws of the State of Ohio, without regard to conflict-of-law principles, except where superseded by applicable federal law.
20.2 Informal Resolution
Before commencing formal proceedings, either party shall provide written notice describing the dispute and the requested relief. The parties shall attempt in good faith to resolve the dispute for thirty (30) days following receipt of notice, unless immediate judicial relief is reasonably necessary.
20.3 Exclusive Jurisdiction
Subject to Section 20.4, disputes arising from or relating to this Agreement shall be brought exclusively in the state courts located in Cuyahoga, Ohio, or the United States District Court for the Northern District of Ohio where federal jurisdiction exists. Each party consents to the personal jurisdiction of those courts and waives objections to venue to the extent legally permitted.
20.4 Injunctive Relief
Full Stack may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect its intellectual property, confidential information, systems, or security interests.
Questions about these Terms? Contact us at support@mailapprove.com