1. This agreement
These Terms of Service (the “Terms”) are an agreement between ModularMail (“ModularMail”, “we”, “us”) and the person or business that creates an account (“you”). They apply to our website at www.modularmail.io, our app, and everything we provide through them (together, the “Service”).
You accept these Terms by ticking the box when you create an account, or by using the Service. If you are accepting for a dental practice or other business, you confirm that you have authority to bind it, and “you” means that business. The Service is for businesses. It is not for personal or household use.
These Terms include our Privacy Policy, Acceptable Use Policy and Data Processing Addendum. If they conflict, the Data Processing Addendum wins on personal data, and these Terms win on everything else.
2. What the Service does
ModularMail helps dental practices bring patients back and get more booking requests from their own email list. We:
- read your public website to set up your brand (logo, colours, services, photos);
- use AI to plan and write email campaigns and to create supporting images, which you review, edit and approve;
- send those campaigns to the contacts you give us, through our email delivery provider or, where you connect it, your own Mailchimp account;
- host a booking request page for your practice, and tell you when a patient submits a request;
- report on delivery, engagement and booking requests.
We keep improving the Service, so features change. We may add, change or remove features. If we remove something you rely on, we will tell you and, if you have prepaid for it, deal with that fairly. A booking request is a patient asking your practice to contact them. It is not a confirmed appointment and the Service does not connect to your practice management software.
3. Your account
You must give accurate details when you sign up, keep them up to date, and verify your email address. You must be at least 18. Keep your password secure and do not share it. You are responsible for everything done through your account, including by people you let use it, and you must tell us promptly at support@modularmail.io if you think it has been accessed without your permission.
Each account is for one practice or business. You may not use the Service to send on behalf of someone else, or resell it, unless we agree in writing.
4. Your content and your data
“Your Content” means what you give us or create with the Service: your brand and practice details, your contacts and their details, your offers, uploaded images, the campaigns you approve, and booking requests submitted to your practice. You own Your Content. We do not claim ownership of it.
You give us a limited licence to host, copy, process, adapt and send Your Content, and to use your name, logo and brand materials, only as needed to provide the Service to you, keep it secure and meet our legal obligations. We do not sell Your Content, and we do not use your contact lists to market to those people.
For personal data in Your Content (such as your patients’ and contacts’ names, emails and phone numbers), you are the controller and we act as your processor, under our Data Processing Addendum. You confirm you have the right to give us that data and to send to those people, and that you have given them any notices the law requires.
We may create anonymous, aggregated statistics from use of the Service (for example, which campaign types get more booking requests) that do not identify you or any person, and use them to run and improve the Service.
5. What you send is your responsibility
You decide who receives your email and what it says. Before you send, you must:
- have a lawful basis, and where the law requires it, consent, to email every contact (see the Acceptable Use Policy). When you upload contacts you confirm they agreed to receive email from your practice;
- review each email, including its copy, offers, prices, images and claims, and make sure it is accurate, current and lawful where your patients are;
- make sure the details we show in your emails (practice name, address, contact details, registrations) are correct.
Dental and health advertising is regulated, and the rules differ by country and, in some places, by state. We build checks into the Service to help (see our Compliance page), but they are an aid, not legal or regulatory advice, and they cannot know every fact about your practice. The checks do not make an email compliant, and passing them does not shift your responsibility to us. If a check flags something for review, that decision is yours.
6. AI-generated content
Campaign copy and images are created with AI. AI can be wrong, repeat itself or produce something unsuitable. Outputs are suggestions for you to review and edit. We do not promise that any output is accurate, complete, unique, or suitable for your practice or your regulator.
Images created for your emails are illustrative. They are not photographs of your practice, your team or your patients, and you should not describe them as if they were. Subject to these Terms and any rights of third parties, you may use the outputs for your own business.
7. Acceptable use
You must use the Service lawfully and follow our Acceptable Use Policy. In particular, do not send spam, send to purchased or scraped lists, send content that is unlawful, misleading or harmful, interfere with the Service or others’ use of it, probe or test its security without our written permission, or use it to build a competing product.
8. Fees, booking requests and payment
An account is free to create. We charge for each booking request, using prepaid credits, as described on our pricing section and at checkout. The pricing shown at the time you buy applies. Every account includes a number of free booking requests, as shown there.
A booking request is a request a patient completes on your practice’s booking page, with their name, contact details, the service they want and their preferred day and time. Each completed request uses one credit. Spam, test submissions and duplicate enquiries do not count as booking requests. Fair-credit promise: if one of these uses a credit, you can report it from your dashboard. We will review it and, if it does not count as a booking request, restore the credit.
- Payments are processed by Stripe. We never see or store your full card number.
- Prices are in US dollars unless we say otherwise, and exclude taxes. You are responsible for any sales, GST, VAT or similar tax we are required to collect, which we will add where it applies.
- Credits are non-refundable once bought, except where we say so on the pricing page, as the fair-credit promise or our Data Processing Addendum provides, or where the law requires.
- We may change our prices or how we charge. A change only applies to credits you buy after we have told you about it.
Free allowances are provided as they are and may be changed or withdrawn for future periods. If we suspect abuse of free allowances (for example, creating many accounts), we may remove them.
9. Third-party services
The Service uses other providers, such as those listed on our sub-processors page, and you can choose to connect others (for example Slack or Mailchimp). Your use of a service you connect is also governed by that provider’s terms. We are not responsible for services we do not operate, but we are responsible for the providers we choose to run the Service.
10. Our intellectual property
We and our licensors own the Service: its software, design, templates, component library, rules, text and trade marks. These Terms give you a right to use the Service while your account is open, and nothing more. You may not copy, reverse engineer or extract the source code, templates or rules of the Service except as the law allows.
If you give us feedback or suggestions, we may use them without restriction or payment. We will not name you as a customer, or use your logo or any testimonial, without your permission.
11. Confidentiality
Each of us must keep the other’s non-public information confidential, use it only for the Service, and protect it with reasonable care. This does not apply to information that is public through no fault of the recipient, was already known to it, is independently developed, or must be disclosed by law (in which case we will tell you if we lawfully can).
12. Privacy and security
How we handle personal data is explained in our Privacy Policy and, for the data you put in the Service, our Data Processing Addendum. Our security practices are described on our Security page. We will tell you without undue delay if we confirm that a security incident has affected your personal data.
13. Availability and support
We work to keep the Service available and secure, but it is provided without a guaranteed uptime, and it may be interrupted for maintenance, by problems with other providers, or by events outside our control. Email delivery depends on mailbox providers, and we cannot promise that any email will reach an inbox or be opened. Features marked beta or preview may change or stop without notice. Support is by email at support@modularmail.io.
14. Suspension and ending this agreement
You can stop using the Service and close your account at any time from your account or by emailing us. We may suspend or end your access if you break these Terms or the Acceptable Use Policy, if your sending harms our deliverability or other customers, if a payment is overdue, or if the law requires. Where it is reasonable and safe to do so, we will tell you first and give you a chance to fix the problem.
When your account ends, your right to use the Service ends. You can export your contacts and campaign data for 30 days after your account closes. After that we delete or anonymise Your Content as set out in our Privacy Policy. We keep a one-way record (a hashed email address) of people who have unsubscribed or asked to be erased, so that they are never emailed again. Sections that by their nature should continue (including fees owed, intellectual property, liability and governing law) will continue.
15. Disclaimers
The Service is provided “as is” and “as available”. To the extent the law allows, we do not give any warranties other than those in these Terms, including that the Service will be uninterrupted or error-free, that any campaign will produce booking requests, appointments or revenue, or that any content will meet the requirements of a regulator.
Nothing in these Terms excludes, restricts or modifies any right or guarantee that cannot lawfully be excluded, including under the Australian Consumer Law.
16. Limit on our liability
To the extent the law allows:
- we are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data, however caused;
- our total liability to you for all claims arising out of the Service in any 12-month period is limited to the amount you paid us in that period, or US$100 if you have paid nothing.
These limits do not apply to liability that cannot lawfully be limited, including for fraud, or for death or personal injury caused by negligence. Where the law allows us to limit our liability for breach of a non-excludable guarantee, we limit it to supplying the Service again or paying the cost of having it supplied again.
17. Your indemnity
You will cover our reasonable costs and losses from any third-party claim, or regulator action, that arises from Your Content, from emails you send, or from your breach of these Terms or the law. We will tell you promptly about the claim, let you control the defence with our reasonable cooperation, and you may not settle it in a way that admits fault for us without our consent.
18. Changes to these Terms
We may update these Terms. If a change is material, we will tell you by email or in the app before it takes effect. If you keep using the Service after the date shown, you accept the change. If you do not accept it, you can close your account. Each version is identified by its date; the version you accepted when you signed up is recorded on your account.
19. Governing law
These Terms are governed by the law of [State or country whose law governs], and the courts of that place have non-exclusive jurisdiction. Before starting formal proceedings, each of us will try in good faith to resolve a dispute by talking to the other for at least 30 days.
20. General
- Entire agreement. These Terms are the whole agreement about the Service and replace earlier discussions.
- Notices. We may give notice by email to your account address or in the app. You can give notice to support@modularmail.io.
- Assignment. You may not transfer your rights without our consent. We may transfer ours as part of a merger, sale or reorganisation.
- If a part is unenforceable, the rest still applies. A right we do not use is not waived.
- Events beyond our control (such as outages of internet, hosting or email providers, or natural disasters) do not make us in breach.
21. Contact us
ModularMail, 623 New South Head Road, Rose Bay, New South Wales 2029, Australia ([Company or ABN number]). Questions about these Terms: support@modularmail.io.