General Terms and Conditions of Sale

Last updated: March 21, 2026 – This translation is provided for convenience purposes. Original french version.

These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale” or the “GTCS”) are those of:

MailerPress, a simplified joint-stock company (SAS) with a share capital of one thousand euros (EUR 1,000), having its registered office at 5 rue Pierre de Coubertin, 40110 MORCENX-LA-NOUVELLE, France, registered with the Mont de Marsan Trade and Companies Register under number 100118645. The legal representative of MailerPress is Mr. Aurélien Denis.

The MailerPress Solution is a plugin (also referred to as an extension module) designed and developed by MailerPress, supplementing the WordPress software. This plugin offers various functionalities aimed at creating, managing, and administering email marketing campaigns directly from the WordPress interface.

MailerPress offers a free version of the plugin with basic functionalities, downloadable from the official WordPress.org repository, and a paid version (hereinafter the “Solution” or “MailerPress Solution”), comprising all functionalities as well as update, support, and maintenance services.

These GTCS pertain to orders for the MailerPress Solution (paid version).

Article 1 – Documents Comprising the Client Agreement

The agreement (hereinafter the “Agreement”) governing the contractual relationship between MailerPress (hereinafter the “Provider”) and the Client (hereinafter collectively the “Parties”) comprises the following contractual documents:

The Order for the MailerPress Solution placed by the Client on the Provider’s website: www.mailerpress.com;
These General Terms and Conditions of Sale (GTCS);
The Privacy Policy, which constitutes an informational document relating to the protection of personal data, the terms of which the Client acknowledges and accepts upon placing the Order.

In the event of any inconsistency between the documents referred to in items 1 and 2 above, the higher-ranking document shall prevail.

The Agreement constitutes the entire and sole agreement between the Parties with respect to the matters covered therein. Accordingly, as of its effective date, it supersedes any prior agreement, whether written or oral, including previous versions of the agreement, applicable prior to the effective date of the Agreement and having the same subject matter, unless the Client expressly objects by registered letter with acknowledgment of receipt.

The Agreement may only be amended by way of a new Order.

Article 2 – Nature of the Agreement

This agreement constitutes an electronic commerce contract.

2.1 Provisions Specific to Business Clients:

The Parties agree to derogate from the provisions of Articles 1127-1 and 1127-2 of the French Civil Code regarding contracts concluded by electronic means, as well as from Article 15 of the French Act on Confidence in the Digital Economy (LCEN).

2.2 Provisions Specific to French Consumer Clients or Consumers Residing in France

It is specified that the Agreement relating to the MailerPress Solution constitutes a distance contract within the meaning of Article L. 221-1 of the French Consumer Code. The Agreement also constitutes, within the meaning of Article L. 221-4 of the French Consumer Code, a contract for the supply of digital content not supplied on a tangible medium. The Client, in their capacity as a French consumer or a consumer residing in France, benefits from the rights provided for by the French Consumer Code, under the conditions set forth in these GTCS.

2.3 Common Provisions

The Client agrees to sign electronically and to receive an electronic copy of the Agreement.

Article 3 – Description of the MailerPress Solution Subscription

An Order for a subscription to the MailerPress Solution includes:

access to a client portal;
the right to install and use, for an unlimited duration, the plugin on the Client’s own website as well as on the websites of the Client’s own clients (number of sites limited to 1, 3, or unlimited depending on the type of license selected), subject to the conditions set forth in Article 14 – Intellectual Property;
access to all plugin functionalities available as of the date of the Order;
the provision of a license key entitling the Client to update, support, and maintenance services for the Solution for a period of twelve (12) months.

The digital content is delivered to the Client immediately upon confirmation of payment. The license key and client portal login credentials are transmitted by email as soon as practicable following validation of the Order.

3.1 Client Portal

As part of the subscription to the MailerPress Solution, the Client is provided with a client portal on the Provider’s website.

Upon confirmation of the Order, the Client receives an email inviting them to access their client portal using their login credentials and a temporary password. The Client also receives the license key associated with their subscription.

The Client shall maintain only one client account. The Client warrants that all information provided is accurate, truthful, and current. The Client is solely responsible for their account, passwords, and any use made thereof.

The Client undertakes to notify the Provider, by any means and without undue delay, in the event of:

theft or loss of login credentials or password as a result of hacking;
theft or loss of any device enabling a third party who has no rights over the account to access it.

The Client may also request the closure of their account at any time, subject to any ongoing subscription. Upon receipt of such request, a confirmation email shall be sent to the Client by the Provider.

Use of Artificial Intelligence for the Chatbot in the Client Portal

As part of the support service, the Client has the option of interacting from their client portal with a conversational assistant (chatbot) powered by artificial intelligence. When the Client uses this chatbot, their exchanges are processed by a third-party AI solution (Chatbase) in order to provide automated assistance. The data exchanged in this context (message content, information relating to the request) is transmitted to this service provider to enable the operation of the service.

The Client is informed that they are interacting with an artificial intelligence system and not with a human interlocutor. The Client may at any time choose to use the standard contact form to communicate directly with the support team.

3.2 Functionalities

The functionalities of the MailerPress Solution include, but are not limited to:

a drag-and-drop email builder (visual block editor, with the ability to import MJML templates);
an email template manager (template library, mobile and desktop preview, saving of custom templates);
scheduling and tracking of email marketing campaigns directly from WordPress;
contact, list, and tag management (unlimited contacts, organization, segmentation);
import and export of contacts in CSV format;
smart content queries enabling dynamic integration of WordPress content (posts, products, publications, compatible with ACF custom fields);
integration of email service providers (SendGrid, Brevo, MailJet, and others);
integration of Google Fonts in the block editor (GDPR-compliant);
support for modern block-based WordPress themes (theme.json);
artificial intelligence assistance features (writing assistance, translation and enhancement of emails, image generation).

This list is indicative and non-exhaustive. Functionalities are subject to change. The functionalities of the MailerPress Solution in effect at any given time are those described on the Provider’s website as of the date of the Client’s Order.

It is specified that the MailerPress plugin does not itself send emails. Sending is performed by a third-party email delivery service selected and configured by the Client (such as Brevo, SendGrid, Mailgun, etc.), by the Client’s own SMTP server, or, failing that, by the native PHP mail() function provided by the hosting service. The Provider shall not be held liable for email deliverability, as this depends on the sending service chosen by the Client and the configuration of their environment.

Once the Order has been placed, the Client’s license key enables the Client to install the MailerPress plugin on their own website and on those of their clients, if desired (number of sites limited to 1, 3, or unlimited depending on the type of license selected). Installation of the plugin on client websites is also possible on a white-label basis.

The Provider makes available on its website, through the client portal, as well as on the plugin homepage, various guides, FAQs, and explanatory content to assist the Client in installing and using the various plugin functionalities.

Artificial Intelligence Features Embedded in the Plugin

The MailerPress Solution includes artificial intelligence assistance features (email writing assistance, image generation, etc.). These features are disabled by default and are activated only by a deliberate action of the Client.

The use of these features requires the Client to hold their own API keys and their own accounts with third-party AI providers (for example, OpenAI, Gemini, Mistral, DeepSeek, etc.). Connections are established directly between the Client’s WordPress site and the relevant AI provider, without passing through MailerPress’s servers.

The plugin interface clearly indicates the providers and models used. The Client is solely responsible for the activation, configuration, and use of these AI features, as well as for compliance with the general terms of use of each AI provider.

The Client is informed that content generated by artificial intelligence features (text, images) is produced in an automated manner and may contain inaccuracies, factual errors, or content that infringes third-party rights (particularly with respect to intellectual property). It is the Client’s responsibility to review, validate, and adapt all generated content prior to any use or dissemination. The Provider disclaims all liability with respect to content produced by the AI features.

3.3 Technical Environment Requirements

The installation and proper functioning of the MailerPress Solution require a minimum technical environment. The technical prerequisites are specified on the Provider’s website at www.mailerpress.com and include, in particular, a minimum version of WordPress, a minimum version of PHP, and an appropriate server configuration.

It is the Client’s responsibility to verify the compatibility of their technical environment prior to placing an Order. The Provider shall not be held liable for any malfunction of the plugin resulting from non-compliance with the specified technical prerequisites.

3.4 Services Included in the Subscription

An Order for a subscription to the MailerPress Solution entitles the Client, through the license key, to the following services for a period of twelve (12) months:

Automatic plugin updates

These updates enable the Client to benefit in real time from developments to the plugin, excluding any specific requests from the Client.

Support service – plugin usage assistance

This remote assistance service is available to the Client by email, in English and French, during business days and hours, Monday through Friday, during standard business hours (French time – closed on Saturdays, Sundays, and public holidays).

To open a support ticket, the Client is invited to send an email to the support team directly from their client portal or via the designated contact form. The Provider undertakes to respond as promptly as practicable.

Corrective maintenance

Corrective maintenance is aimed at rectifying anomalies specific to the plugin. In this regard, the Provider may be required to intervene remotely on the plugin installed on the Client’s website, during the support service’s business days and hours. The Provider cannot, however, guarantee the complete absence of anomalies. Furthermore, maintenance shall not apply in the event of malfunction attributable to non-compliant use, the Client’s technical environment, or any unauthorized modification of the plugin by the Provider.

Article 4 – Order Process

The Client’s Order may relate to a subscription to the MailerPress Solution or a renewal thereof. To place a subscription Order, the Client shall proceed through the following steps:

Selection of the subscription plan (1 site license, 3 site licenses, or unlimited site licenses) on the Provider’s website at www.mailerpress.com;
Selection of the payment method (credit card or PayPal);
Entry of personal information (surname, first name, email, billing address, VAT number) and bank details if paying by credit card;
Review and acceptance of these GTCS and the Privacy Policy. The latter are available for download and may therefore be stored on a durable medium;
Confirmation of the Order by clicking the “Sign Up Now” button;
Payment under the conditions specified.

Up until the payment step, the Client may modify the Order, including correcting any errors made when entering their data, by returning to the previous screens.

An Order confirmation is sent to the Client immediately by email. The confirmation includes a summary of the Order, the order number, the date of the Order, the amount, and the license key. The Client receives a second email providing their login credentials and a temporary password to access their client portal and inviting them to change their password upon first login.

The Provider reserves the right to block an order, in particular in the event of suspected or confirmed fraud.

Article 5 – Effective Date – Term – Renewal

The Agreement shall take effect as of the date on which the Order confirmation email is sent to the Client. The subscription, for a term of twelve (12) calendar months, shall commence on that date.

Upon expiration of the initial commitment period, the subscription shall be automatically renewed for successive periods of the same duration as the initial term, unless either Party provides written notice of termination at any time.

In accordance with Article L. 215-1 of the French Consumer Code, the Provider shall inform the consumer Client, by email, no earlier than three (3) months and no later than one (1) month before the deadline for rejecting renewal, of the option not to renew their subscription.

To terminate the Agreement, the Client may send an email to the Provider at the following address: [email protected]. The Client may also do so from their client portal, under the Licenses section, then Manage.

Upon expiration of the subscription, the Client may continue to install and use the plugin on websites using previous versions, but shall no longer benefit from the associated services (downloadable files including previous versions, updates, support service, and corrective maintenance).

Special Case of Promotional Offers with Unlimited Duration (Lifetime Deal)

The Provider may, on an exceptional basis, offer promotional offers known as “Lifetime Deals” (for example, on the occasion of a commercial event such as Black Friday). In such cases, the Client acquires a license key valid for an unlimited number of sites, including access to updates, support service, and corrective maintenance, without the need for renewal or additional payment.

The specific conditions of each Lifetime Deal offer (price, scope, any limitations) are specified on the Provider’s website at the time of the offer. In the event of any inconsistency with these GTCS regarding duration or renewal, the terms of the Lifetime Deal offer shall prevail.

The Provider undertakes to maintain the services associated with the Lifetime Deal offer (updates, support, maintenance) for the entire duration of the commercial exploitation of the MailerPress Solution. In the event of definitive cessation of the commercial exploitation of the Solution, the Provider shall notify Lifetime Deal beneficiaries at least six (6) months in advance and shall make available to them a final version of the plugin including the latest updates.

Article 6 – Financial Terms

6.1 Subscription Prices

The price of the subscription to the MailerPress Solution or its renewal is that indicated on the Provider’s website as of the date of the Order.

Prices are displayed in euros (EUR) and United States dollars (USD) at the Client’s election. Prices expressed in each currency constitute independent prices set by the Provider as part of its pricing policy. The price in dollars is not the result of a conversion from the euro price based on a real-time exchange rate, but rather a distinct price freely set by the Provider. The Client is charged in the currency selected at the time of the Order.

Prices are stated exclusive of tax. Applicable taxes (in particular VAT) are added during the payment process, based on the Client’s place of residence, in accordance with applicable regulations.

The price is payable in full at the time of the Order.

The Provider reserves the right to modify its prices at any time. However, the price paid at the time of an Order shall remain the applicable price for the following renewal, unless the Client is notified otherwise by email at least thirty (30) days prior to the renewal date. In the event of a price modification upon renewal, the Client may reject the new price and terminate their subscription at no cost prior to the renewal date, by simple request addressed to the Provider.

The Provider also reserves the right to offer preferential rates or promotional offers. The terms and duration of such benefits shall be presented on the website or communicated to the Client by any other means.

6.2 Complementary Products and Services

The Provider may offer, in the future, products or services complementary to the MailerPress Solution. Where applicable, the terms of such products or services shall be specified on the Provider’s website at the time of their availability for sale and shall be subject to specific terms and conditions.

6.3 Payment Obligation and Invoicing

Upon placing the Order, the Client is informed that they are subject to a payment obligation. The Client is informed of and consents to receiving the invoice corresponding to their Order in electronic format.

6.4 Provisions Specific to Clients Acting for Professional Purposes

Any late payment shall automatically and without prior formal notice give rise to the payment of late payment interest calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten (10) percentage points, as well as a fixed indemnity for recovery costs in the amount of forty euros (EUR 40). If the actual recovery costs exceed this fixed indemnity, the Provider may claim additional compensation.

Article 7 – Changes to Functionalities and Services

MailerPress reserves the right to modify the functionalities and/or services of the MailerPress Solution, including but not limited to removing or adding functionalities, or modifying their characteristics or the conditions under which services are performed.

With respect to current subscriptions, the Client shall be informed by email of any modification that would substantially degrade or diminish the functionalities and/or services, at least one (1) month prior to the implementation of the modification. In such case, the Client may terminate their subscription by simple request sent to the following address: [email protected]. The Client shall then be refunded on a pro rata basis for the remaining subscription period.

Article 8 – Right of Withdrawal Applicable to French Consumer Clients or Consumers Residing in France

8.1 Principle of the Right of Withdrawal

The law imposes certain rules for French consumer Clients or consumers residing in France when the contract is concluded at a distance or off-premises for the sale of digital content without a tangible medium.

The Client has the right to withdraw from the contract without giving any reason within a period of fourteen (14) days. The withdrawal period shall expire fourteen (14) days after the day of conclusion of the contract.

8.2 Exercise of the Right of Withdrawal

To exercise this right, the Client shall notify the Provider of their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post or an email) to the following contact details:

MailerPress – Mr. Aurélien Denis – Address: 5 rue Pierre de Coubertin, 40110 MORCENX-LA-NOUVELLE – Email: [email protected]

The Client may use the model withdrawal form below, although this is not mandatory. The deadline shall be deemed met if the notification is sent before its expiration.

The Client may also complete and submit the model withdrawal form or any other unambiguous statement via the contact form on the website www.mailerpress.com or from their client portal. If the Client uses either of these two options, the Provider shall send without delay an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of MailerPress – Mr. Aurélien Denis – Email: [email protected]

I/We () hereby notify you of my/our () withdrawal from the contract for the sale of the following MailerPress digital content:

Ordered on:

Received on:

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only in the case of notification on paper):

Date:

8.3 Effects of Withdrawal

In the event of withdrawal, the Provider shall reimburse all payments received without undue delay and no later than fourteen (14) days from the day on which the Provider is informed of the decision to withdraw. The reimbursement shall be made using the same means of payment, unless otherwise agreed, and at no cost to the Client.

No physical return is required. The Provider shall proceed with the deactivation of access; the Client shall refrain from any use of the content and shall, where applicable, delete any files that may have been made available to them in error.

8.4 Loss of the Right of Withdrawal

In accordance with Article L. 221-28, 13° of the French Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of digital content not supplied on a tangible medium, the performance of which has begun before the expiration of the withdrawal period, following express prior consent of the consumer and express waiver of their right of withdrawal.

During the Order process, the consumer Client is informed that performance of the contract may commence immediately following validation of the Order. If the Client gives their express prior consent for performance to commence immediately and expressly waives their right of withdrawal, they shall no longer be entitled to exercise that right.

In the absence of such consent and such waiver, the Provider shall not commence performance before the expiration of the withdrawal period. If performance were to commence without these formalities, the Client would retain their right of withdrawal and no amount could be claimed from them in that respect.

Article 9 – Right of Withdrawal Applicable to Business Clients or Foreign Clients

Business clients or foreign clients do not benefit from the mandatory statutory provisions of French law regarding the right of withdrawal referred to in Article 8.

However, the Provider contractually grants these clients the right to withdraw within a period of fourteen (14) days under the same conditions as those set forth in Article 8, including the conditions for loss of the right of withdrawal provided for in Article 8.4.

Article 10 – Conformity and Statutory Warranties Applicable to French Consumer Clients or Consumers Residing in France

The Provider is bound, with respect to French consumer Clients or consumers residing in France, by:

the statutory warranty of conformity provided for in Articles L. 224-25-12 to L. 224-25-26 of the French Consumer Code, entitling the Client to obtain, free of charge, the bringing into conformity of the digital content supplied, or, failing that, a price reduction or termination of the contract;

the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code, entitling the Client to retain the product and obtain a partial refund, or to return it and receive a full refund.

10.1 Warranty of Conformity for One-Time Supply of Digital Content

The consumer has a period of two (2) years from the supply of the digital content or digital service to invoke the statutory warranty of conformity in the event of a defect in conformity. During a period of one (1) year from the date of supply, the consumer is only required to establish the existence of the defect in conformity and not the date of its appearance.

The statutory warranty of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service.

The statutory warranty of conformity entitles the consumer to have the digital content or digital service brought into conformity without unjustified delay following their request, free of charge, and without significant inconvenience to them.

The consumer may obtain a price reduction while retaining the digital content or digital service, or may terminate the contract and receive a full refund in exchange for relinquishing the digital content or digital service, if:

1° The professional refuses to bring the digital content or digital service into conformity;

2° The bringing into conformity of the digital content or digital service is unjustifiably delayed;

3° The bringing into conformity of the digital content or digital service cannot be effected without costs imposed on the consumer;

4° The bringing into conformity of the digital content or digital service causes significant inconvenience to the consumer;

5° The non-conformity of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the defect in conformity is so serious as to justify an immediate price reduction or termination of the contract. The consumer is then not required to request the bringing into conformity of the digital content or digital service beforehand.

In cases where the defect in conformity is minor, the consumer is only entitled to termination of the contract if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or digital service for the purpose of bringing it into conformity shall suspend the remaining warranty period until the digital content or digital service is once again in conformity.

The rights referred to above result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.

A professional who acts in bad faith to obstruct the implementation of the statutory warranty of conformity is liable to a civil fine of a maximum amount of three hundred thousand euros (EUR 300,000), which may be increased to ten percent (10%) of the average annual turnover (Article L. 242-18-1 of the French Consumer Code).

The consumer also benefits from the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two (2) years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or digital service is retained, or to a full refund in exchange for relinquishing the digital content or digital service.

10.2 Warranty of Conformity for Continuous Supply of Digital Content

The consumer is entitled to invoke the statutory warranty of conformity in the event of a defect in conformity arising during the entire contractual period of supply of the digital content or digital service, commencing from the supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the defect in conformity and not the date of its appearance.

The statutory warranty of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service throughout the entire contractual period of supply of the digital content or digital service.

1° The professional refuses to bring the digital content or digital service into conformity;

2° The bringing into conformity of the digital content or digital service is unjustifiably delayed;

3° The bringing into conformity of the digital content or digital service cannot be effected without costs imposed on the consumer;

4° The bringing into conformity of the digital content or digital service causes significant inconvenience to the consumer;

5° The non-conformity of the digital content or digital service persists despite the professional’s unsuccessful attempt to bring it into conformity.

In cases where the defect in conformity is minor, the consumer is only entitled to termination of the contract if the contract does not provide for the payment of a price.

These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code. A professional who acts in bad faith to obstruct the implementation of the statutory warranty of conformity is liable to a civil fine of a maximum amount of three hundred thousand euros (EUR 300,000), which may be increased to ten percent (10%) of the average annual turnover (Article L. 242-18-1 of the French Consumer Code).

10.3 Warranty Against Hidden Defects

The seller is bound by the warranty for hidden defects in the thing sold that render it unfit for its intended use, or that so diminish such use that the buyer would not have purchased it, or would have offered only a lesser price, had they been aware of such defects.

An action arising from latent defects must be brought by the buyer within two (2) years from the discovery of the defect.

10.4 Exclusions

The statutory warranties do not cover:

incompatibility of the digital content with the Client’s equipment or software, if such equipment or software does not meet the specifications indicated by the Provider;
improper use, installation, or configuration of the digital content by the Client;
unauthorized modification of the digital content;
failure to comply with the instructions provided by the Provider;
a malfunction caused by an external factor (insufficient internet connection, hardware failure of the Client’s equipment, etc.).

10.5 Enforcement of Warranties

For any claim under the statutory warranties, the Client shall contact the Provider at the following address: [email protected]

10.6 Exclusion of Warranty Applicable to Business Clients and Foreign Consumer Clients or Consumer Clients Not Residing in France

The Client acting for professional purposes, or the foreign consumer Client or consumer Client not residing in France, acknowledges that they acquire the plugin “as is,” as described on the Provider’s website as of the date of the Order, and agrees to assume all risks associated with its use, installation, configuration, and integration into their technical environment.

The Provider’s sole obligation to such clients is an obligation to deliver the plugin ordered. Any other warranty, whether statutory or contractual, express or implied, including but not limited to warranties of quality, performance, fitness for a particular purpose, or achievement of specific results, is expressly excluded.

Article 11 – Obligations of the Provider

The Provider undertakes to exercise all due diligence and care necessary for the proper performance of the Agreement and to keep the Client informed of any difficulties or incidents that may arise during the performance of the services. The Provider undertakes to deploy the means necessary for the performance of the services defined in this Agreement.

The MailerPress plugin integrates with a number of software applications and extensions, including WordPress e-commerce extensions (e.g., WooCommerce), translation, performance, and content management extensions. The list of solutions compatible with MailerPress is that in effect on the Provider’s website at the time of the Order. The Provider does not, however, warrant in any way the total and complete compatibility of the plugin with all existing WordPress extensions, themes, or configurations.

Article 12 – Obligations of the Client

The Client shall provide the Provider, without undue delay, with all information that the Provider deems necessary for the proper performance of the Services as defined in the Agreement, as well as all documents and data, which must be accurate, legible, and complete, required for the performance of the services.

The Client is solely responsible for:

the use they make of the plugin;
the purposes for which they use it;
the use of the results provided by the plugin;
the data they input into the plugin;
the content they create and disseminate by means of the plugin, including content generated using the artificial intelligence features.

The Client undertakes to use the plugin made available to them only for lawful purposes, in compliance with applicable law and regulations (particularly those relating to the protection of personal data, intellectual property, and commercial solicitation), public policy, and standards of decency. The Client further undertakes not to use the plugin for the purpose of obstructing or impairing its operation, in particular by introducing viruses or any other malicious software.

12.1 Security of the Client’s Environment

The MailerPress plugin is installed in the Client’s WordPress environment. Personal data processed through the plugin is stored in the Client’s database, on the Client’s own hosting infrastructure. MailerPress does not have access to such data in the ordinary course of the plugin’s use.

The Client is solely responsible for the security of their technical environment, including but not limited to:

the security of their hosting infrastructure (server, databases, SSL certificates, backups, firewall, DDoS protection);
the regular updating of WordPress, its themes, and third-party extensions;
the management of administrator access to their WordPress site (strong passwords, limitation of the number of accounts, regular audits);
the security and compliance of third-party extensions installed on their site;
the verification of the compliance of third-party service providers to which the Client chooses to connect the plugin (email service providers, AI providers, etc.).

MailerPress shall not be held liable for any security incident, data loss, or personal data breach resulting from a security deficiency in the Client’s environment (hosting, WordPress site, third-party extensions, access management) or from a choice of third-party service provider made by the Client.

12.2 Client Obligations Regarding Personal Data

The Client is the sole data controller within the meaning of the GDPR for the personal data they process through the MailerPress plugin (contacts, mailing lists, campaign data, tracking data). As such, the Client is responsible for:

informing data subjects through their own privacy policy;
ensuring the lawfulness of their contact databases and the legal basis for each processing operation;
defining and implementing data retention periods;
responding to data subjects’ requests to exercise their rights (access, rectification, erasure, objection, portability);
where applicable, implementing appropriate safeguards for transfers of data outside the European Union resulting from their choice of service providers.

Article 13 – White-Label Use of the Plugin by Agencies

A Client that is a web agency or independent developer may use the MailerPress plugin on the websites of its own clients under the conditions set forth in Article 14 – Intellectual Property, including on a white-label basis (i.e., under its own brand).

It is specified that:

the agency does not have a right of distribution, i.e., a right to resell the plugin;
the agency may purchase an unlimited license and install the plugin on the websites of its clients, provided that the agency actively participates in the creation of the end clients’ marketing content and maintains administrator access to the sites;
if the agency uses the plugin under its own brand, it may not conceal the origin of the artificial intelligence services: the brands of the AI providers shall appear in the plugin interface;
if the contractual relationship between the agency and one of its clients comes to an end, the agency undertakes to remove its license key from that client’s website, or to deactivate the relevant domain name from its client account.

The agency shall indemnify and hold the Provider harmless against any claim, action, or proceedings brought by its end clients or any third party in connection with the use of the plugin on a white-label basis, and undertakes to compensate the Provider for any direct loss resulting therefrom.

Article 14 – Intellectual Property

The Client is informed that the license terms for the MailerPress plugin are those set forth in the GNU General Public License v2 applicable to WordPress, available at the following link: https://www.gnu.org/licenses/old-licenses/gpl-2.0.fr.html

In addition to the terms of that license, the Provider wishes to specify the following conditions for the Client to benefit from customer support and updates:

the right to install and use the MailerPress Solution applies to the Client’s website(s) and those of their direct clients, to the exclusion of any other person;
if the contractual relationship between the Client and one of their clients comes to an end, the Client undertakes to remove their license key from that client’s website, or to deactivate the relevant domain name from their client account, upon termination of the relationship;
the Client has the right to install the MailerPress plugin on the websites of their clients on a white-label basis, i.e., under their own brand, under the conditions set forth in Article 13;
the Client is authorized to use their MailerPress license on the websites of their clients when the Client directly participates in the creation, development, and active management of the site on their behalf. This does not include the resale or hosting of the license key in any form whatsoever.

These supplementary conditions relate exclusively to access to the associated services (updates, support, maintenance) and not to the rights conferred by the GNU GPL v2 license itself.

Upon expiration of the subscription, the Client may continue to install and use the MailerPress Solution but shall lose their entitlement to updates, support service, and maintenance.

Article 15 – Protection of Personal Data

In the course of the Agreement, the Provider may carry out personal data processing operations on behalf of the Client, either as a data controller, a data processor, or a sub-processor (for corrective maintenance). The rules relating to the protection of personal data are set forth in the Privacy Policy.

Since personal data processed through the plugin is stored in the Client’s WordPress site database, on the Client’s own hosting infrastructure, no data return procedure is required upon termination of the Agreement. The Client retains full control of their data.

Article 16 – Subcontracting – Assignment

The Client grants the Provider a general authorization to subcontract all or part of the services to any subcontractor of its choice. In any event, the Provider shall remain liable to the Client for the proper performance of the Agreement and the services by any subcontractor to which it may have recourse.

The Provider is also authorized to assign the Agreement to any assignee of its choice. The Client shall be notified of the assignment by the Provider by email. In the event of assignment, the consumer Client shall have a period of thirty (30) days from the date of notification to terminate the Agreement and obtain a pro rata refund for the remaining subscription period.

Article 17 – Termination

In the event of a breach by either Party of any of its obligations under this Agreement, the other Party shall have the right, thirty (30) days after a formal notice sent by registered letter with acknowledgment of receipt that has remained without effect, to terminate this Agreement as of right, without prejudice to any damages to which it may be entitled by reason of the breaches alleged.

If the Agreement is terminated due to a breach by the Client, the Client shall forfeit their license key and the right to access and use the MailerPress Solution plugin.

Article 18 – Confidentiality

The Parties acknowledge the confidential nature of all information exchanged between them during the negotiation of the Agreement and in the course of its performance, as well as the information and data on the basis of which the Services are performed, and undertake to keep such information confidential.

Each Party undertakes to make every effort to ensure compliance with this obligation by its employees, agents, and subcontractors.

Article 19 – Evidentiary Agreement

The Parties intend to establish the rules relating to admissible evidence between them in the event of a dispute and the probative force thereof. The Parties acknowledge the validity and probative force of the following elements and processes, as well as the signatures and authentication processes they represent:

login credentials and confidential passwords used;
license keys;
data and files stored on the websites;
automated notifications (emails);
IP addresses, connection logs, and file download logs.

The Parties also acknowledge the validity and probative force of any electronic signatures that may be affixed to the Agreement, thereby formalizing the consent of both Parties to the terms of the Agreement as of its date of execution.

The probative force of the aforementioned elements shall apply unless proven otherwise by any means.

Article 20 – Liability

20.1 Exclusion of Provider Liability in the Following Cases (Applicable to All Clients)

MailerPress has no control over the Client’s use of the plugin or the results obtained, nor over the use of the plugin by the Client’s own clients. The Client accordingly accepts that MailerPress shall not under any circumstances be held liable in any manner whatsoever by reason of the use made by the Client or their direct clients, the results obtained, or the content of the data entered through the MailerPress plugin.

Furthermore, the Provider shall not be held liable in the event of:
fault, negligence, omission, or failure on the part of the Client or their direct clients, where such fault, negligence, omission, or failure constitutes the sole cause of the damage;
malfunction or unavailability of the site, or more broadly of any tangible or intangible asset, where such asset was provided by the Client or a direct client;
accidental loss or destruction of data by the Client, a direct client, or a third party who accessed the plugin using their login credentials;
force majeure.

In addition, the Provider shall not be held liable for service interruptions or damages related to:

abnormal or fraudulent use of the plugin by the Client, their direct client, or third parties requiring the shutdown of the Solution for security reasons;
unauthorized access to or continued unauthorized presence on the Solution by a third party, or the unlawful extraction of data, notwithstanding the implementation of security measures consistent with the current state of the art, the Provider being subject only to an obligation of means with respect to known security techniques;
the nature and content of the information and data entered into the plugin;
a security deficiency in the Client’s technical environment (hosting, WordPress site, third-party extensions, access management) in accordance with Article 12.1.

For French consumer Clients or consumers residing in France, the above exclusions shall apply only to the extent that they do not contravene mandatory statutory provisions, particularly with respect to the statutory warranty of conformity.

20.2 Provisions Specific to French Consumer Clients and Consumers Residing in France

In accordance with applicable statutory provisions, the Provider is liable as of right to the Client for the proper performance of its contractual obligations. Its liability may only be excluded where it demonstrates that the failure to perform or improper performance is attributable to:

the Client;
the unforeseeable and insurmountable act of a third party to the contract;
or a case of force majeure.

20.3 Provisions Specific to Business Clients and Foreign Consumer Clients or Consumer Clients Not Residing in France

By derogation from French statutory provisions, the Provider is subject to a general obligation of means. The Provider’s liability may only be invoked for proven fault.

20.4 Limitation and Cap on Liability (Applicable Only to Business Clients and Foreign Consumer Clients or Consumer Clients Not Residing in France)

In any event, the Provider shall not be held liable for any indirect loss, including but not limited to loss of revenue, loss of profit, loss of orders, loss, inaccuracy, or corruption of files or data, loss of opportunity, reputational harm, or any other special damages or events beyond its control.

By express agreement between the Parties, the Provider’s aggregate liability for all direct losses combined shall be limited to the price exclusive of tax of the Order, except in cases of fraud or gross negligence on the part of the Provider, or bodily harm.

Article 21 – Force Majeure

Neither Party shall be held liable for the failure to perform or delay in the performance of its contractual obligations if such failure or delay results from an event constituting force majeure within the meaning of Article 1218 of the French Civil Code, namely an event beyond the control of the affected Party, which could not reasonably have been foreseen at the time of the conclusion of the Agreement and the effects of which cannot be avoided by appropriate measures.

The following are deemed to constitute cases of force majeure, without limitation: natural disasters, fires, strikes, failures of telecommunications or electricity networks, governmental or regulatory decisions, exceptional-scale cyberattacks, epidemics or pandemics, or any other event exhibiting the characteristics of externality, unpredictability, and irresistibility.

The Party affected by a case of force majeure shall notify the other Party without undue delay. The performance of obligations shall be suspended for the duration of the force majeure event. If the force majeure event persists for more than three (3) months, either Party may terminate the Agreement as of right, without indemnity, by written notice to the other Party. The Client shall then be refunded on a pro rata basis for the remaining subscription period.

Article 22 – Miscellaneous Provisions

Each clause of this Agreement shall be interpreted, to the fullest extent possible, so as to be upheld as valid under the applicable law. If any provision of this Agreement is found to be unlawful, void, or unenforceable by any court or competent administrative authority pursuant to an enforceable decision, such provision shall be deemed unwritten, without affecting the validity of the remaining provisions.

Article 23 – Governing Law and Jurisdiction

The French-language version of these general terms and conditions shall be authoritative and shall prevail over any version drafted in a foreign language.

The Agreement is governed by French law.

In the event of a dispute, the Parties shall endeavor to seek an amicable resolution.

Failing amicable resolution within thirty (30) days:

The consumer Client may bring proceedings before either the court of their place of domicile at the time of the conclusion of the contract, or the court of their place of domicile at the time the dispute arose, or any other court having jurisdiction in accordance with applicable statutory rules.
If proceedings are initiated by the Provider, such proceedings may only be brought before the court of the consumer Client’s current place of domicile.

If the Client does not have consumer status, the Parties agree that, in the event that an amicable settlement cannot be reached within thirty (30) days, the courts within the jurisdiction of the Provider’s registered office shall have exclusive jurisdiction to hear any dispute arising from the validity, interpretation, performance, or termination of the Agreement, and more generally any dispute between the Parties.

Drag-and-Drop email editor

Artificial Intelligence

Query your own content

Email service provider integration

Unlimited contacts, lists, and tags