Terms of Service

These terms are an agreement between you and MOPsKit LLC, a Florida limited liability company (“MOPsKit”, “we”, “us”). They apply when you use the MOPsKit website, app and related services (the “Service”). By creating an account or using the Service, you agree to them. If you use the Service for a company or other organization, you agree on its behalf and confirm you have the authority to do so, and “you” means that organization.

1. Accounts

• You must be at least 18 years old and able to form a binding contract.
• The Service is currently offered only to people and organizations in the United States, and we may limit access from other countries.
• Give accurate information when you sign up and keep it up to date.
• Keep your sign-in details secure. You’re responsible for everything that happens under your account, including what the team members you invite do. Tell us at legal@mopskit.com if you think your account has been compromised.
• Each account belongs to an organization. Its owner controls members, roles, connections and billing.

2. The Service

MOPsKit lets you build branded email templates, edit them, and push them to the email platforms you connect, or export their HTML. We keep improving the Service, so features may change, and we may add, limit or remove features. Features marked beta, preview or early access may be incomplete and are provided as they are.

3. Your content

You keep ownership of the content you bring to or create in MOPsKit: logos, images, brand details, text, templates and saved blocks (“Your Content”). You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Your Content only as needed to run, secure and improve the Service for you, including sending it to the email platforms and other services you connect.

You confirm you have the rights to Your Content, including any logos, trademarks, images and fonts you upload, and that using it with MOPsKit doesn’t break any law or anyone else’s rights.

4. Acceptable use

You agree not to use the Service, or let anyone else use it, to:

• send email to people who haven’t agreed to receive it, or otherwise break anti-spam and privacy laws such as CAN-SPAM, CASL, the GDPR or the UK GDPR;
• create phishing emails, impersonate another person or brand, or deceive recipients;
• distribute malware or links to it, or content that is illegal, hateful, harassing or sexually exploitative;
• infringe anyone’s copyright, trademark, privacy or other rights;
• abuse test sends, for example by sending to people outside your organization in bulk;
• probe, scan or attack the Service, get around its limits or security, or access it by automated means other than the features and integrations we provide;
• copy, resell or reverse engineer the Service, or use it to build a competing product.

You can report misuse on our report abuse page. We may remove content or suspend accounts that break these rules.

5. Email platforms and other services

When you connect an email platform (such as Mailchimp, Klaviyo, HubSpot, ActiveCampaign, Brevo, Mailjet or Sender), a preview tool, a webhook or an AI provider, you authorize us to use the credentials you give us to act on your behalf with that service: for example, to create templates and campaign drafts, and to read the names of your lists so you can choose one. Your use of those services is governed by their own terms. You, not MOPsKit, are responsible for the emails you send through them and for having the right to send them. We aren’t responsible for third-party services, their availability or changes to their APIs.

6. AI features

Some features use artificial intelligence to suggest or generate content, and the website chat assistant answers questions about MOPsKit. AI output can be wrong or inappropriate, so review it before you send it. When you use AI features with your own provider key, your requests go to that provider under its terms.

7. Plans and payment

Plans, prices and limits are described on our pricing page. When you buy a paid plan, you agree to pay its fees and any applicable taxes. Payments are processed by Stripe. Unless your plan says otherwise, subscriptions renew automatically for the same period until cancelled, and you can cancel at any time in Settings, effective at the end of the current period. If you add to your plan during a period, such as a higher plan, more seats or Mo Plus, the difference for the rest of the period is charged straight away; if you reduce it, the unused amount is credited against your next invoice. Fees are otherwise non-refundable except where the law requires. We’ll give you advance notice of any price change, which takes effect at your next renewal.

8. Our property

The Service, including its software, design, starter templates, documentation and branding, belongs to MOPsKit and its licensors. Subject to these terms, we give you a limited, non-exclusive, non-transferable right to use the Service for your business. You may use templates you build with MOPsKit, including ones based on our starter templates, in your own emails, and they remain yours to use after you stop using MOPsKit. You may not redistribute our starter templates on their own or as part of a template library.

If you send us ideas or feedback, we may use them without any obligation to you.

9. Suspension, cancellation and deletion

You can stop using the Service at any time. An organization owner can delete the account from its settings, which permanently deletes its templates, images, connections and members’ MOPsKit accounts. Export anything you want to keep first.

We may suspend or end your access if you break these terms, if you don’t pay, if we must to comply with the law, or if your use puts the Service or other people at risk. Where reasonable, we’ll tell you first and give you a chance to fix the problem. Sections 3 (the representations), 8 and 10 to 14 survive the end of this agreement.

10. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent the law allows, MOPsKit disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don’t promise the Service will be uninterrupted or error free, or that emails will display the same way in every email client or reach every inbox.

11. Limitation of liability

To the fullest extent the law allows, MOPsKit won’t be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Service or these terms. Our total liability for all claims relating to the Service or these terms is limited to the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or US $100.

12. Indemnity

You’ll defend and indemnify MOPsKit and its members, employees and agents against claims, losses and costs (including reasonable legal fees) arising from Your Content, the emails you send, or your breach of these terms or of the law.

13. Governing law

These terms are governed by the laws of the State of Florida, USA, without regard to its conflict of laws rules. Any dispute relating to the Service or these terms will be brought exclusively in the state or federal courts located in Florida, and both parties consent to their jurisdiction.

14. General

• We may update these terms. If a change is material, we’ll tell you by email or in the app before it takes effect. Continuing to use the Service after that means you accept the new terms.
• These terms, with our Privacy Policy, are the whole agreement between you and MOPsKit about the Service.
• If any part of these terms can’t be enforced, the rest stays in effect. Not enforcing a part isn’t a waiver of it.
• You may not transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Neither party is liable for delays caused by events beyond its reasonable control.

Contact

Questions about these terms: legal@mopskit.com.