Mailday Terms of Service

Last updated: 2026-05-13 · Effective date: 2026-05-13

These Terms of Service (the "Terms") form a binding agreement between CreatorGeek, Inc., a Delaware corporation doing business as Mailday ("Mailday," "we," "us," or "our"), and you ("you," "your," or "User"). They govern your access to and use of the Mailday website at www.mailday.ai, our application, APIs, and all related services (collectively, the "Service").

PLEASE READ CAREFULLY. SECTION 22 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

By creating an account, accessing the Service, or clicking "I agree," you agree to these Terms. If you do not agree, do not use the Service.

1. Definitions

  • "Account" means a user account in the Service.
  • "AI Features" means features powered by artificial intelligence models, including those provided by Anthropic, PBC.
  • "Authorized User" means any individual you authorize to access the Service under your Account.
  • "Connected Platform" means a third-party platform you connect to the Service (e.g., Instagram, Facebook, Threads, TikTok, YouTube, X, Pinterest).
  • "Content" means any data, text, files, media, communications, or other materials that pass through the Service.
  • "Customer Data" means Content that you submit to or generate through the Service.
  • "Documentation" means user guides and help materials we make available.
  • "Member" means an individual user of the Service.
  • "Shared Report" means a workflow or performance report you make available to a Viewer via a link.
  • "Viewer" means a recipient of a Shared Report who accesses the Service without creating a paid Account.
  • "Workspace" means an organization account in the Service that manages one or more Members and within which Members operate.
  • "Workspace Admin" means a user with full administrative rights over a Workspace.
  • "Workspace Manager" means a user with delegated rights over assigned Members within a Workspace.
  • "Workspace-Managed Member" means a Member whose Account is administered by a Workspace.

2. Eligibility and Account Types

2.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract. The Service is not directed to children under 13, and we do not knowingly collect data from them.

2.2 Account types

At launch, the Service supports the following Account roles: Member, Workspace Admin, Workspace Manager, Workspace-Managed Member, and Viewer.

2.3 Workspace relationships

If you are a Workspace Admin or Workspace Manager, you represent that you have authority to bind the Workspace-Managed Members under your management to these Terms with respect to actions taken on their behalf. Workspaces are jointly and severally responsible for the actions of users they administer.

3. Account Registration and Security

3.1 Registration

You agree to provide accurate, current information and to keep it updated.

3.2 Credentials

You are responsible for safeguarding your credentials and for all activity under your Account. Notify us immediately at security@mailday.ai if you suspect unauthorized access.

3.3 No account sharing

Each individual must have their own Account. Sharing credentials is prohibited.

4. Subscriptions, Fees, and Payments

4.1 Subscriptions

Access to paid features requires a subscription. Subscription tiers, features, and pricing are described at www.mailday.ai/pricing and may change with notice.

4.2 Payment processor

Subscription billing is processed by Stripe, Inc. via Stripe Billing. By subscribing, you agree to Stripe's Services Agreement at stripe.com/legal/ssa.

4.3 Company invoicing

Where you use the Service to invoice companies via Stripe Invoicing, you are the merchant of record for those invoices. You are responsible for the accuracy of invoice content and for any tax obligations arising from invoices you issue.

4.4 Renewal and cancellation

Subscriptions renew automatically at the end of each billing cycle unless cancelled before renewal. You may cancel anytime in your account settings; cancellation takes effect at the end of the then-current billing cycle.

4.5 Refunds

4.5.1 Subscription fees. Subscription fees are generally non-refundable, including for partial billing periods, unused features, account downgrades, or cancellations. When you cancel, your subscription remains active until the end of the then-current billing cycle and is not refunded for the unused portion.

4.5.2 New annual subscriber money-back guarantee. If you are a new annual subscriber and you request a refund within 14 days of your initial annual subscription purchase, we will refund the full annual fee, less any usage-based charges (such as the 2.9% platform handling fee already collected on transactions you processed). This applies only to your first annual term and only once per Account.

4.5.3 EU/UK consumer cooling-off. If you are a consumer (acting outside your trade, business, or profession) in the EU or UK, you have a 14-day right of withdrawal from the date of subscription under applicable consumer law. By starting to use the Service during this period you expressly request immediate performance and acknowledge that you lose the right of withdrawal once the Service has been fully performed, and that for the period of partial performance prior to withdrawal we may charge a proportionate amount.

4.5.4 Billing errors. If you believe you have been billed incorrectly, contact support@mailday.ai within 60 days of the charge. We will investigate and, if a billing error is confirmed, refund or credit the affected amount.

4.5.5 Platform handling fee (2.9%). The 2.9% platform handling fee is non-refundable once collected, except where the underlying transaction is refunded by the member or workspace to the company or client. In that case, we will refund the corresponding portion of the platform handling fee, less any irrecoverable Stripe fees.

4.5.6 Company invoices and member payouts. Refunds of company invoices issued by a member or workspace are a matter between the member or workspace and the company or client. Mailday is not a party to those transactions and does not adjudicate refund disputes between members or workspaces and their company or client counterparties.

4.5.7 Service unavailability. Brief outages are not grounds for a refund. For prolonged outages materially affecting the Service, we may, at our discretion, offer service credits as the sole and exclusive remedy.

4.6 Chargebacks

4.6.1 Contact us first. Before disputing a charge with your card issuer or bank, please contact support@mailday.ai.

4.6.2 Effect of a chargeback. If you initiate a chargeback for a charge that you authorized, we may suspend your Account and AI Features pending resolution, withhold or reverse payouts, charge you a chargeback handling fee equal to the chargeback fees imposed on us by our payment processor (currently US$15 per chargeback, subject to change), plus any amounts we are required to pay to the card network, and dispute the chargeback through Stripe's standard dispute process.

4.6.3 Termination for repeated chargebacks. Repeated or fraudulent chargebacks are a material breach of these Terms and may result in termination of your Account.

4.6.4 Company-initiated chargebacks. If a company or client initiates a chargeback against an invoice you issued through the Service, the chargeback follows Stripe's dispute process. You authorize us, via Stripe, to recover the disputed amount, related fees, and the platform handling fee from your Connected Account balance.

4.7 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes other than taxes on our net income.

4.8 Platform handling fee on invoices and payments

Mailday charges a platform handling fee of 2.9% on amounts processed through the Service. The fee is charged to the company or client funding the payment and appears as a separate line item on the invoice issued to them. The fee is not deducted from member or workspace payouts. The 2.9% is separate from, and in addition to, Stripe's own processing fees. See Section 5.6 for more detail.

5. Payouts (Stripe Connect)

5.1 Stripe Connect

Member and Workspace payouts are processed through Stripe Connect. At launch, members are onboarded onto Stripe Express Connected Accounts.

5.2 Connected Account Agreement

By enabling payouts, you agree to the Stripe Connected Account Agreement at stripe.com/legal/connect-account, including the Stripe Services Agreement incorporated therein. Stripe is solely responsible for the provision of payment processing services.

5.3 No fund-holding

Mailday does not hold or take custody of funds. Funds move directly between companies and members via Stripe.

5.4 Payout timing

Payout timing is governed by Stripe's payout policy applicable to your Connected Account. Mailday does not control the underlying payout schedule.

5.5 No minimum payout threshold

Mailday does not impose a minimum payout threshold. Stripe's own minimums or jurisdiction-specific minimums, if any, apply.

5.6 Platform handling fee

Mailday charges a platform handling fee of 2.9% on amounts processed through the Service. This fee is charged to the company or client funding the payment, not deducted from the member's or workspace's payout. The fee appears as a separate line item on the invoice issued to the company or client and is collected at the time of payment.

The 2.9% is in addition to, and separate from, Stripe's own processing fees. We may change the platform handling fee on notice to you. Changes will not affect invoices already issued.

5.7 Identity verification and KYC

Stripe will require identity verification (KYC) and may request additional information. We may suspend payout features until Stripe-mandated verification is complete.

5.8 Reversals

Payments may be reversed in the event of chargebacks, refunds, or fraud. You authorize us, via Stripe, to debit your Connected Account to recover such amounts.

6. AI Features

6.1 AI provider

AI Features are powered by models from Anthropic, PBC and may be supplemented by other providers from time to time. A current list is in our Subprocessor List.

6.2 What the AI may do

At launch, AI Features may, depending on your tier and configuration:

  • Draft emails (you choose whether to send)
  • Draft invoices (you choose whether to send)
  • Recommend payouts and, where you enable auto-payouts, initiate payouts within thresholds you configure (sensitive actions above threshold route to your Workspace Admin for approval — see § 6.3)
  • Draft, schedule, and (where you have enabled it per platform) auto-publish social posts
  • Draft replies to social comments (you choose whether to post)
  • Categorize inbox messages and assign workflow status

6.3 Sensitive actions and approvals

Sensitive AI actions — including payouts above a Workspace-defined threshold and other high-impact operations — require Workspace Admin approval before execution.

6.4 Status overrides

You may archive AI-generated workflow statuses, but other manual overrides of AI-generated workflow statuses are not supported at launch.

6.5 Workspace AI disable

You can disable AI Features at the Workspace level in settings, or pause AI temporarily from any workspace. Disabling AI may reduce or eliminate certain functionality.

6.6 Training

We do not use your Customer Data to train AI models. Customer Data is processed transiently to provide the AI Features and is not contributed to model training datasets by us or, per our agreement with Anthropic, by Anthropic.

6.7 Limitations of AI

AI outputs may contain errors, omissions, or content that is not appropriate for your context. You are responsible for reviewing AI outputs before relying on them, especially for emails sent on your behalf, invoices, payouts, and public posts. Mailday is not liable for AI-generated content that you authorize to be sent, posted, or executed.

6.8 Acceptable AI use

You agree not to use AI Features to generate content that violates our Acceptable Use Policy, including deceptive endorsements, undisclosed AI content where disclosure is legally required, defamatory material, or content that infringes third-party rights.

See our AI Use Policy for further detail.

7. Assigned Email Inboxes

7.1 Email addresses

We may assign you an address in the form `member@mailday.ai` or, where you have configured a custom domain, `member@workspacedomain.com`.

7.2 Email infrastructure

Inbound and outbound email is delivered through Amazon SES (AWS) with fallback delivery via Cloudflare and SendGrid. Email supports SPF, DKIM, and DMARC authentication.

7.3 Anti-spam

You agree to comply with the CAN-SPAM Act, CASL (Canada), GDPR electronic-marketing rules, and other applicable anti-spam laws.

7.4 Notice to recipients

Outbound messages may include a brief footer or header notice indicating that the message is sent through Mailday, including a way for recipients to learn more or report abuse. You consent to inclusion of such notice.

7.5 Message handling

We apply size limits and source checks on inbound and outbound messages and attachments, and may quarantine or block messages that fail those checks.

7.6 Email retention

Email content and metadata are retained per our Privacy Policy retention schedule.

7.7 Lawful use

You will not use the email Service for phishing, fraud, deceptive sender identity, or evasion of platform anti-spam measures.

8. Connected Platforms

8.1 Connecting platforms

You may connect Instagram, Facebook, Threads, TikTok, YouTube, X (Twitter), Pinterest, and other platforms we support. By connecting, you grant Mailday the permissions you authorize through the platform's OAuth flow.

8.2 Platform-specific terms

Your use of Connected Platforms remains subject to those platforms' own terms, including:

8.3 Functionality at launch

Instagram. Publish posts, reels, and stories; edit posts, reels, and stories; read analytics; read, reply to, and delete comments.

Facebook. Publish to Pages; retrieve Page insights; manage comments and messages. The Service does not access or manage Facebook Ads data.

Threads. Publish, retrieve insights, and read replies (via the Threads Graph API as part of the Meta family).

TikTok. Publish videos; retrieve analytics; manage comments. Posting modes include draft, schedule, and direct publish.

YouTube. Upload videos; edit video metadata; read and reply to comments; retrieve analytics.

X (Twitter). Read and write tweets, read user profile, with offline access for token refresh.

Pinterest. Read and write pins, read boards, read user profile.

8.4 YouTube API Services

By using YouTube functionality, you acknowledge that the Service uses YouTube API Services. You agree to be bound by the YouTube Terms of Service and the Google Privacy Policy. You may revoke the Service's access to your Google account at any time via Google's security settings page.

8.5 Disconnection

You may disconnect a platform at any time. We will delete or cease processing platform-derived data per our Privacy Policy and the relevant platform's data-deletion requirements.

8.6 Platform changes

Platform features may change at any time. Mailday is not responsible for changes, downtime, or restrictions imposed by Connected Platforms.

9. Viewers and Shared Reports

9.1 Sharing reports

You may share workflow and performance reports with companies via revocable links. You may revoke or expire a Shared Report at any time from your reporting dashboard.

9.2 Viewer AI chat

Viewers may, where you enable it, chat with the AI assistant inside a Shared Report. AI responses are scoped to the report you have chosen to share. Viewer AI chat interactions are logged for security, abuse prevention, and quality; you may review what the Viewer asked from the report's viewer view in your dashboard.

9.3 Your responsibility for shared content

You are solely responsible for what you choose to include in Shared Reports.

9.4 Viewer obligations

Viewers are subject to the Shared Report Viewer Terms when accessing a Shared Report.

10. Customer Data and License

10.1 Ownership

As between you and us, you retain all rights in your Customer Data.

10.2 License to us

You grant Mailday a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, display, modify, and otherwise use your Customer Data solely to provide and improve the Service for you, to comply with law, and to enforce these Terms.

10.3 Aggregate and de-identified data

We may create aggregate or de-identified analytics from Customer Data. Such data does not identify you and may be used for service improvement, benchmarking, and reporting.

10.4 Feedback

If you provide feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without obligation to you.

11. Acceptable Use

You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation may result in suspension or termination.

12. Third-Party Services

The Service integrates with third-party services (e.g., AWS, Stripe, Anthropic, Meta, TikTok, Google/YouTube, X, Pinterest, Cloudflare, SendGrid, Upstash, LaunchDarkly). We are not responsible for the acts, omissions, or terms of third parties. Your use of those services is subject to their own terms and privacy policies.

13. Intellectual Property

13.1 Our IP

The Service, including software, designs, trademarks, and documentation, is owned by Mailday and protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights.

13.2 Restrictions

You may not (a) reverse engineer, decompile, or attempt to derive source code; (b) resell, sublicense, or commercially exploit the Service except as expressly permitted; (c) use the Service to build a competing product; (d) remove or obscure proprietary notices.

13.3 DMCA

We comply with the Digital Millennium Copyright Act. Notices of alleged infringement may be sent to our DMCA Designated Agent:

CreatorGeek, Inc. d/b/a Mailday · Attn: Legal — DMCA · 465 California St, San Francisco, CA 94101 · Email: legal@mailday.ai · Phone: [TBD — pending Copyright Office registration]

A valid DMCA notice must include all information required by 17 U.S.C. § 512(c)(3). We may remove or disable access to allegedly infringing material and, in appropriate circumstances, terminate accounts of repeat infringers. Counter-notices may be sent to the same address.

14. Confidentiality

Each party will protect the other's confidential information using reasonable care and will use it only to perform under these Terms. This does not apply to information that is public, independently developed, or required to be disclosed by law.

15. Term and Termination

15.1 Term

These Terms begin when you accept them and continue until terminated.

15.2 Termination by you

You may terminate by closing your Account.

15.3 Termination by us

We may suspend or terminate your Account for material breach, suspected fraud, prolonged non-use, or as required by law, with notice where practicable.

15.4 Effect of termination

On termination, your right to use the Service ends. We will retain or delete data per our Privacy Policy retention schedule.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR APPROPRIATE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

18. Indemnification

You will defend, indemnify, and hold harmless Mailday and its affiliates, officers, employees, and agents from and against any third-party claim arising out of or relating to your Customer Data, your use of the Service in violation of these Terms or law, actions you authorize the AI to take, content you publish via Connected Platforms, and your tax or invoicing obligations.

19. Force Majeure

Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control.

20. Modifications

We may modify these Terms by posting an updated version and, for material changes, by providing notice. Continued use after the effective date constitutes acceptance.

21. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.

22. Dispute Resolution — Binding Arbitration and Class Action Waiver

22.1 Informal resolution

Before filing a claim, you agree to attempt to resolve the dispute informally by contacting legal@mailday.ai. If not resolved in 60 days, either party may proceed to arbitration.

22.2 Binding arbitration

Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, except that either party may bring an individual action in small-claims court. Arbitration will be conducted in English, on the documents where possible, and otherwise in Wilmington, Delaware.

22.3 Class action waiver

YOU AND MAILDAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

22.4 Court venue for equitable relief

Notwithstanding § 22.2, either party may seek injunctive or other equitable relief in the Delaware Court of Chancery.

22.5 Opt-out

You may opt out of § 22.2 and § 22.3 by sending written notice to legal@mailday.ai within 30 days of first accepting these Terms.

23. General

These Terms, together with referenced policies, are the entire agreement between the parties. You may not assign these Terms without our prior written consent. Failure to enforce any provision is not a waiver. If any provision is held unenforceable, the remainder will continue in effect.

Notices to us: legal@mailday.ai or CreatorGeek, Inc., 465 California St, San Francisco, CA 94101. Notices to you: the email associated with your Account.

You represent that you are not located in, or a national of, a country subject to U.S. embargo and that you are not on any U.S. government denied-party or sanctions list.

Contact

  • Legal: legal@mailday.ai
  • Privacy: privacy@mailday.ai
  • Security / Incident response: security@mailday.ai
  • Support: support@mailday.ai
  • Mail: CreatorGeek, Inc., 465 California St, San Francisco, CA 94101

Last updated: 2026-05-13

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