Terms of Service

1.The Service

MBX Reach is a hosted email marketing service. It gives you a workspace in which you build an audience, create signup forms, design and send campaigns, run simple automations, and read reports on what happened. There is nothing to install and no software is delivered to you: MediaBoxEnt provisions and operates the workspace for you.

Your messages leave through sending infrastructure that MediaBoxEnt operates and that every customer shares. Unless we have authorised a domain of your own for your workspace, your campaigns are sent from an address on our shared sending domain. That shared reputation is the reason for the Anti-Spam & Acceptable Use Policy, which is part of these Terms.

Support means any best-effort assistance MediaBoxEnt provides, for example at support@mbxreach.com. No response time or service level is guaranteed unless we have agreed one with you in writing.

2.Who May Use MBX Reach

You must be at least 18 years old and able to enter into a binding contract. If you create an account for a company or another organisation, you confirm that you are authorised to accept these Terms on its behalf, and the word you then means that organisation.

Accounts are opened at our discretion. We may decline a sign-up, and we may close an account, if the sending it is meant for falls outside what this platform carries.

3.Your Account and Your Workspace

A workspace holds your audience, your forms, your campaigns and your reports. You invite the people who work in it and give each of them a role; you are responsible for everything they do inside it.

You are responsible for your password, your authenticator device and your recovery codes. Anyone holding them can act as you. We strongly recommend turning on the second factor in Account settings. If you believe your account has been compromised, tell us at support@mbxreach.com so we can end its sessions.

API keys carry the permissions you give them and are shown once, when created. Treat a key like a password, and revoke it in the panel the moment it may have leaked.

So that we can operate the service, resolve a support request you send us, or investigate abuse, a MediaBoxEnt operator may open a support session in your workspace. When that happens the panel carries a visible banner for the whole session, and the session is recorded in the audit log.

4.Plans, Limits and Fees

Each plan carries limits: how many contacts you may store, how many emails you may send in a month and in a day, how many lists, segments, automations and team members you may have, and whether the integration API is available to you. Those limits are enforced by the service itself, and the current limits of your plan are shown on the Plan page in your panel.

Some plans are free of charge. Where a plan carries a fee, the price, the billing period and the terms of payment are the ones shown to you at the moment you subscribe, and they apply from that moment. Taxes may be added where the law requires them.

The price of your plan is the most that plan can cost you unless you choose to buy something on top of it. There are no per-seat charges, and nothing you must buy separately to use a feature your plan lists. Reaching a limit is never billed as an overage: sending pauses until the next calendar month, and you decide whether to move up a plan.

On a paid plan you may also buy extra emails for the calendar month that is running, at the price shown on the Plan page in your panel. That purchase is only ever made by you: nothing is charged automatically for going over a limit. It is charged once, it does not renew, and emails bought and not used do not carry into the next month.

Refunds and cancellation are set out in the Refund & Cancellation Policy, which is part of these Terms: a 7-day window on the first monthly charge, a 30-day window on every annual charge, and cancellation free at any time. Moving up to a bigger plan takes effect at once and you pay the difference for the rest of the period; moving down, or from annual to monthly billing, takes effect when the period you paid for ends.

A free plan may add a short MBX Reach line to the footer of the messages it sends. Where that applies, it is stated on the Plan page for that plan.

We may change what a plan includes. If a change reduces what your plan gives you, the notice period in the Changes to these Terms section applies.

5.Sending Through Shared Infrastructure

Everyone sends through the same infrastructure, so one sender with a bad list damages delivery for every other customer. Four controls protect that, and by using the service you accept all of them:

• the first campaigns of a new workspace wait for a person at MediaBoxEnt to look at them before they go out, and we may approve or reject one;
• an import that looks like it was not built from signups is held: the addresses land in your workspace but cannot be mailed until we release them, and we may discard them instead;
• a campaign whose spam complaints or bounces pass the thresholds published in the Anti-Spam & Acceptable Use Policy pauses sending for the whole workspace automatically, and we then look at where the list came from;
• sending speed, the number of messages a day and the number per contact may be limited for a workspace that has not yet built a record with us.

Quarantine and automatic pausing are not accusations, and ordinary use of the product's own features is never abuse. They are how a shared platform survives its worst sender. Reports and your audience keep working while sending is paused.

6.Your Data and Your Subscribers

Your contacts, custom fields, campaign content, reports and uploaded images are yours. MediaBoxEnt stores and processes them only to operate the service for you, to keep it secure, and where the law requires it.

For the personal data of your subscribers you are the controller and MediaBoxEnt is the processor: you decide who is on your list and what they are sent, we carry it. Our Privacy Policy sets out what that means in practice, and processing terms for customers who need them are available at privacy@mbxreach.com.

You confirm that you have the right to send to every address in your workspace, that each person gave you permission as described in the Anti-Spam & Acceptable Use Policy, and that you can show us where that permission came from if we ask. You are responsible for the lawfulness of your own collection of that data, including any consent, notice or register requirement that applies where your subscribers live.

You grant MediaBoxEnt the limited right to store, reproduce, transmit and display your content for the sole purpose of running the service on your behalf. We claim no ownership of it, and this right ends when the content is deleted.

We do not sell your data or your subscribers' data, and we do not mail your subscribers on our own behalf.

7.Acceptable Use

The Anti-Spam & Acceptable Use Policy is part of this agreement. It states where an address may come from, what every message must contain, the businesses and content this platform does not carry, and what happens when a rule is broken. Read it before you import anything.

In addition, you shall not, and shall not permit anyone else to:

• use the service to send anything unlawful, infringing, deceptive, fraudulent, hateful or harmful;
• misrepresent who you are, or send from a name or address you are not entitled to use;
• attempt to reach any workspace, account or data other than your own, or probe, scan or test the infrastructure the service runs on, except as applicable law expressly allows;
• resell, rent, lend or sublicense the service itself, or use it to provide a bulk-sending service to third parties who supply their own lists;
• get around, disable or interfere with plan limits, sending limits, quarantine or any other control described in these Terms;
• access the service by automated means other than the interfaces we provide, or scrape it;
• distribute malware, or use the service in any attempt to gain unauthorised access to any system;
• remove, alter or obscure any copyright, trademark or other proprietary notice;
• use the service to build a competing product.

Using your own workspace to send on behalf of your own clients is permitted and is not by itself reselling, provided the permission rules are met for every list and you remain responsible for what goes out.

8.The Writing Assistant

The optional AI writing assistant drafts subject lines and message copy when you ask it to. It runs only when you press one of its buttons. The text you give it and the draft it returns are processed for the purpose of producing that draft and are not used to train anyone's model.

Its output is a draft. It can be wrong, generic or unsuitable, and it is yours the moment you keep it: you are responsible for reviewing what you send, including any claim, price or legal statement in it.

9.Third-Party Services

Whether a message reaches an inbox is decided by the recipient's mailbox provider, not by us. Filtering, blocking, delay and placement in a spam folder are outside our control, and no delivery, open or click result is guaranteed.

If you connect MBX Reach to another product, including other MediaBoxEnt products, through the integration API or a form on your own site, you are responsible for that connection and for the terms of any third-party service involved.

10.Availability

We run the service on a commercially reasonable, best-effort basis. Unless we have agreed otherwise with you in writing, no uptime or availability level is guaranteed. Interruptions happen, for maintenance and through failure.

A campaign whose scheduled time passes during an interruption is not lost: it starts when the service returns, and therefore goes out later than the time you chose, which for time-sensitive content may matter to you.

11.Suspension, Cancellation and Deletion

We may suspend sending, or a whole workspace, if it breaches these Terms or the Anti-Spam & Acceptable Use Policy, if the automatic controls above fire, if a payment cannot be collected, or if we must do so by law. Where it is practicable we tell you first; where a list is actively harming recipients or our infrastructure, we suspend first and explain immediately afterwards. A suspended workspace can still be read: only sending stops.

You may close your workspace at any time from the panel. When you do, its contacts, lists, forms, campaigns, reports and uploaded images are removed from the live service straight away and are gone from our infrastructure's point-in-time backups within 30 days.

Two things survive deletion, for a reason. Addresses that unsubscribed, bounced permanently or reported spam are kept in a suppression record so that they cannot be mailed again by accident. Records we must keep by law are kept for as long as the law requires, and the audit log until its own 90-day retention runs out.

We may terminate an account that has been suspended for abuse without further notice, and we may refuse to reopen it.

12.Ownership, Intellectual Property and Feedback

MBX Reach, its software, its design and the MBX Reach and MediaBoxEnt names and logos belong to MediaBoxEnt Digital Studio LLC. These Terms grant you the right to use the service, and nothing else.

If you send us an idea or a suggestion, we may use it to improve the service without any obligation to you.

13.Disclaimers

THE SERVICE IS PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MediaBoxEnt does not warrant that the service will be uninterrupted, error-free or secure, that any message will be delivered or placed in any particular folder, or that any reported figure is complete.

Open and click figures are estimates. Mailbox providers load images and follow links on their own, and many block the pixel entirely, so opens in particular understate and overstate reality in ways nobody can correct.

14.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MediaBoxEnt shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profits, revenue, data, goodwill, audience or business, arising out of or related to your use of, or inability to use, the service, including any suspension applied under these Terms, any message that was not delivered, and any figure that proved inaccurate.

In all cases MediaBoxEnt's total aggregate liability shall not exceed the greater of the amount you actually paid for the service in the twelve months preceding the event giving rise to the claim, or one hundred United States dollars.

15.Indemnification

You agree to indemnify, defend and hold harmless MediaBoxEnt and its officers, members, employees and affiliates from any claim, damage, liability, loss or expense, including reasonable legal fees, arising out of or related to your content, your lists and how you built them, your use of the service, or your breach of these Terms, of the Anti-Spam & Acceptable Use Policy, or of any applicable law.

16.Term and Termination

These Terms apply for as long as you have access to the service. They terminate automatically if you breach them. On termination, the timetable in Suspension, Cancellation and Deletion applies to your workspace and its data.

The sections headed Acceptable Use, Your Data and Your Subscribers, Suspension, Cancellation and Deletion, Ownership, Intellectual Property and Feedback, Disclaimers, Limitation of Liability, Indemnification, Term and Termination, and Governing Law survive termination.

17.Disputes, Arbitration and the Class Action Waiver

Read this section. It changes how a disagreement between us is decided, and it gives you 30 days to say no to it without giving up anything else.

First, talk to us. Before starting anything formal, write to support@mbxreach.com saying what happened and what you want. We will do the same, to the address on your account, before starting anything against you. Most things end here, and neither side may begin an arbitration or a lawsuit until 60 days after that notice.

If that does not settle it, you and MediaBoxEnt agree that the dispute is decided by binding individual arbitration rather than in court, administered by the American Arbitration Association under its consumer or commercial rules as applicable, before a single arbitrator, in English. The seat is the State of New Jersey, and the arbitration is held on documents or by video unless the arbitrator decides that a hearing in person is needed. The arbitrator rules on their own jurisdiction and applies the law named in the Governing Law section. Judgment on the award may be entered by any court with jurisdiction.

You and MediaBoxEnt each give up the right to a jury trial, and each agree to bring claims only individually. No class action, no collective action, no representative or private attorney general proceeding, and nobody's claim consolidated with anybody else's, unless we both agree to it in writing. If a court decides that this paragraph cannot be enforced for a particular claim, that claim leaves arbitration and goes to the courts named in the Governing Law section, and the rest of this section still stands for everything else.

Three things sit outside this section. Either of us may bring an individual claim in a small claims court that has jurisdiction. Either of us may ask a court to stop infringement or misuse of intellectual property, or unauthorised access to the service. And nothing here stops anyone from reporting a matter to a government agency or a regulator.

Opting out: you may reject this section by emailing support@mbxreach.com within 30 days of first accepting these Terms, from or naming the address on your account, saying that you opt out of arbitration. That is all it takes. It costs nothing, we confirm it in writing, and it changes nothing else about your account, your plan or your price. Opt out and disputes go to the courts in the Governing Law section instead. If we later change this section, the 30 days start again from the notice of that change.

Where the law says otherwise, the law wins. If you are a consumer in the European Union, the United Kingdom, Switzerland or anywhere else whose mandatory law gives you the right to bring a claim in your own country's courts, or does not allow an agreement like this one to be made before a dispute exists, this section does not take that right away and does not apply to you to that extent.

18.Governing Law

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of laws rules, wherever you are located and wherever the service is used.

Subject to the Disputes, Arbitration and the Class Action Waiver section, any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in the State of New Jersey, and you and MediaBoxEnt each consent to the personal jurisdiction of those courts. Nothing in this section affects any right you have under the mandatory consumer-protection law of your country of residence.

19.Changes to these Terms

We may update these Terms. Minor changes, such as clarifications and corrections, take effect when the revised version is published, and the version date at the top tells you which one you are reading.

Where a change is material and works to your disadvantage, such as a reduction in what your plan includes or a change to your rights, we give at least 30 days' notice before it takes effect, by email to the address on your account and by publishing the revised documents under a new version date. If you do not accept it, you may close your workspace before it takes effect. We do not apply material changes retroactively.

20.Contact

MediaBoxEnt Digital Studio LLC · 479 State Rt 17 Ste 6#3008, Mahwah, NJ 07430. MediaBoxEnt Technologies. Website: mbxreach.com.

Support: support@mbxreach.com · Privacy and data requests: privacy@mbxreach.com · Report abuse: abuse@mbxreach.com.