MessageWarden — Terms of Service
Effective date: [EFFECTIVE DATE]
These Terms of Service ("Terms") are a contract between
[OPERATOR LEGAL NAME], [OPERATOR ADDRESS], registered under
[OPERATOR REG ID], VAT ID [OPERATOR VAT ID] ("MessageWarden", "we")
and the business entity accepting them ("Customer", "you"). They govern use
of the MessageWarden service at messagewarden.com (the "Service").
1. The Service; who may use it
1.1 The Service monitors email-authentication posture (DMARC, SPF, DKIM) for domains the Customer registers: it receives and analyses DMARC aggregate (RUA) reports, analyses published DNS records, classifies sending sources, raises alerts, and generates monthly reports.
1.2 The Service never processes DMARC forensic/failure (RUF) reports, never performs inbox-placement testing, and never sends email on the Customer's behalf or from the Customer's domains. Transactional email from the Service (sign-in links, alerts, report delivery) is sent from MessageWarden's own domain only.
1.3 B2B only. The Service is offered exclusively to businesses for purposes directly related to their trade or profession. Consumers may not use the Service. By accepting these Terms you confirm you act as a business and, to the extent permitted by law, waive protections afforded to consumers or to sole traders acting outside their professional capacity.
1.4 The person accepting these Terms warrants they are authorised to bind the Customer.
2. Customer responsibilities
2.1 Authority over monitored domains. You may only add a domain if you own it or are authorised by its owner (e.g. your managed-services client) to (a) monitor it and (b) direct its DMARC aggregate reports to MessageWarden's report-reception addresses. You warrant this authority for every domain you add and will remove domains for which it lapses.
2.2 Your clients' awareness. Where you monitor domains of your own clients, you are responsible for any notice to or agreement with those clients that your role requires, including under data-protection law (see the DPA).
2.3 DNS changes are yours. The Service recommends DNS record changes
(e.g. moving a DMARC policy from p=none to p=quarantine); you decide
whether and when to publish them. Changes to DMARC/SPF/DKIM records can affect
delivery of legitimate email. You are solely responsible for changes you make.
2.4 Account security. Sign-in is by magic link to your users' email addresses; you are responsible for the security of those mailboxes and for promptly removing users who leave your organisation.
2.5 Acceptable use. You must not: probe or disrupt the Service; use the free checker or the Service to harass third parties or at abusive volume; resell access to the Service itself (white-label reports are permitted per §4); or upload content designed to compromise the Service.
3. Not legal or compliance advice
The Service provides technical tooling and technical guidance only. Checks, grades, scores (including enforcement-readiness scores), alerts and report contents are not legal, regulatory or compliance advice, and no output of the Service constitutes a guarantee that email will be delivered, that spoofing will be prevented, or that any regulatory requirement is met.
4. Plans, white-label reports, trials
4.1 The Service is sold in flat subscription bands with a maximum number of monitored domains per band, as published on the pricing page. Prices are stated exclusive of VAT; VAT or reverse-charge treatment is applied at checkout based on your country and VAT ID.
4.2 Exceeding your band's domain limit requires an upgrade; the Service will prevent adding domains beyond the limit.
4.3 Plans that include white-label reporting allow you to apply your own name, logo and colours to generated reports and distribute them to your own clients. You are responsible for those reports' use and for your branding rights. The underlying data remains subject to these Terms.
4.4 New accounts receive a 14-day free trial, no payment method required. At trial end the account is suspended (data retained per §10) until a subscription starts.
5. Availability and support
5.1 We provide the Service with reasonable skill and care and target high availability, but no specific uptime level is guaranteed at this time. Planned maintenance will be announced where practicable.
5.2 Receipt of DMARC reports depends on third-party mail systems (report-generating receivers, DNS); we are not responsible for reports never sent, lost in transit outside our systems, or malformed beyond parseability. Unparseable report files are recorded with a failure reason rather than silently dropped.
5.3 Support is by email at [CONTACT EMAIL], business days, best effort.
6. Fees and payment
6.1 Payment is by subscription via Stripe (monthly in advance). Card data is handled by Stripe and never touches MessageWarden systems.
6.2 Invoices/receipts are issued through Stripe. If payment fails and is not remedied within 14 days of notice, we may suspend the account.
6.3 Fees may change with at least 30 days' notice, effective on your next billing period; if you object you may terminate before the change applies.
7. Data protection
The parties' data-protection obligations for personal data contained in monitored-domain data are set out in the Data Processing Agreement (DPA), which is incorporated into these Terms by reference. Our processing of your users' account data is described in the Privacy Policy.
8. Intellectual property
8.1 We retain all rights in the Service and its software. You receive a non-exclusive, non-transferable right to use the Service for your internal business (including services to your clients) during the subscription.
8.2 You retain all rights in your data. You grant us the licence needed to operate the Service on it (receive, store, parse, analyse, display, report). We may use aggregated, de-identified operational data (e.g. sender-IP classification intelligence) to improve the Service; such data never identifies you, your clients, or their domains.
9. Liability
9.1 Nothing in these Terms excludes liability that cannot be excluded by law, including liability for damage caused intentionally.
9.2 Subject to 9.1, our total aggregate liability under or in connection with these Terms in any 12-month period is capped at the fees you paid for the Service in the 12 months preceding the event giving rise to liability.
9.3 Subject to 9.1, neither party is liable for indirect or consequential loss, lost profits, lost revenue, loss of data (beyond restoration from backups we maintain), or loss of business opportunity. You acknowledge in particular that email-delivery outcomes result from DNS records you control and third-party mail systems, and that the cap and exclusions reflect the Service's monitoring-tool nature and its price.
10. Term, termination, data return
10.1 The subscription runs monthly and renews automatically; you may cancel anytime effective end of the paid period (self-service via the billing portal).
10.2 We may terminate for material breach unremedied 14 days after notice, or immediately for breach of §2.1 (unauthorised domains) or §2.5 (abuse).
10.3 For 30 days after termination you may request an export of your data (see DPA §8). After that we delete personal data per the DPA; anonymous aggregates may be retained.
11. Changes to these Terms
We may amend these Terms with at least 30 days' email notice. If you object, you may terminate effective the day the amendment takes effect; continued use after that date is acceptance.
12. General
12.1 Governing law and venue: Polish law; courts competent for the seat of
[OPERATOR LEGAL NAME]. The UN CISG does not apply.
12.2 Neither party is liable for failure caused by events beyond reasonable control (force majeure).
12.3 You may not assign these Terms without consent; we may assign to a successor of the business.
12.4 If a provision is invalid, the remainder stands.