Terms of Services

Here are the terms and conditions governing the use of MailCan. You must accept these terms to use MailCan.

This document sets out the terms and conditions (referred to as the “Terms“) applicable to the use of the MailCan email service (referred to as the “MailCan Service“) operated by Alstra Solutions Ltd. (“MailCan” or “US” offered through the website available at https://www.MailCan.app (the “Site“). The Terms constitute a contract between you (the “Client” or “YOU“) and MailCan with respect to your use of the MailCan Service, in order to offer you a quality service that is fair to all our customers.

As soon as you subscribe to the MailCan Service and access it through the Site, you consent to all the terms and conditions described herein, as well as in the Privacy Policy and the Anti-Spam Policy posted on the Site. You acknowledge that you have read and understood these terms and conditions applicable to you.

It is important to know that MailCan may modify the Terms, Conditions and Policies posted on the Site at any time to its discretion. If changes are made to the Terms, you will have to accept these changes the next time you log in to the MailCan Service.

It is important to know that MailCan may modify the Terms and Conditions and policies posted on the Site at any time.

If you disagree with any of the Terms and Conditions or any subsequent changes to these Terms and Conditions, you must refrain from using the Services.

We hereby present the terms and conditions applicable to the following matters:

  1. How do I access the MailCan Service?
  2. What are the customer’s commitments regarding the use of the MailCan Service?
  3. What are the terms of payment?
  4. How is copyrighted content treated?
  5. How is confidential information treated?
  6. What are the penalties and compensation for violations?
  7. What compensation does the customer owe to MailCan?
  8. What are the effects of termination or end of contract and can I recover my data?
  9. What guarantees are available on the MailCan Service?
  10. What is MailCan’s responsibility with regards to external sites?
  11. What are the applicable laws and jurisdiction?
  12. Where can complaints or abuses be reported?

1) HOW DO YOU ACCESS THE MailCan SERVICE?

To use MailCan services, you must first create an account on the website. You are responsible for keeping your password secure, as any actions taken using your credentials are your responsibility. Ensure that the information you provide is accurate and current, particularly your email address. Notify MailCan promptly of any changes to your details. If MailCan suspects inaccuracies, it can limit or revoke your access. You must also meet the legal voting age in your region to sign up. Additional proof of age or identity may be required if there are doubts about your provided information.

Registration. MailCan Service is only available to you once you have created an account (the “MailCan Account“) yourself through the MailCan Website.

Connection information. It is your responsibility to maintain the confidentiality of your password. You are solely responsible for any action or transaction undertaken from your MailCan Account or using your username and password.

Accuracy of information. In order to register as a Client, MailCan will collect certain information from you. The information you provide for this purpose must be valid, complete and up-to-date. You agree, in particular, to maintain your active email address for the duration of your use of MailCan Services. If you change your address, you must notify MailCan by email at [email protected] as soon as possible. If there is reason to believe that the information you have provided is not valid, complete or up-to-date, MailCan may, at any time, prohibit you from accessing MailCan Service or any of its features, suspend your right or terminate the use. MailCan has no obligation to verify the accuracy, validity or usefulness of the information you transmit. Please refer to our Privacy Policy for our data privacy practices.

Conditions. You must be of legal voting age in your province or state or country of residence to create a MailCan Account. In case of doubt about the information provided, MailCan reserves the right to require additional proof of identity and age.

2) WHAT ARE THE CUSTOMER’S COMMITMENTS WITH RESPECT TO THE USE OF THE MailCan SERVICE?

You are prohibited from sharing your MailCan account or password with unauthorized individuals. Don’t use the service to disseminate illegal or offensive content, or make claims about nonessential medical treatments, gambling, or pyramid schemes. Avoid spreading viruses, false advertising, or misleading information. Always identify yourself clearly as the sender, using your business name, logo, and contact details. You should not act as an intermediary to send emails for others, and must avoid providing false or misleading details in your emails’ subject lines or content.

Prohibited Gestures. You agree not to perform and not to authorize the following actions in connection with the use of the MailCan Service:

  1. Disclose your password to a third party and / or let a third party not duly registered with the MailCan Service use your account;
  2. Display, link or otherwise disseminate or transmit any unlawful, threatening, abusive, damaging, defamatory, pornographic or indecent information that infringes the rights of third parties or carries any other form of illegal content;
  3. Post, link or otherwise disseminate or transmit any information or claim in respect of drugs, medication, surgeries or treatments for nonessential therapeutic purposes;
  4. Post, link or otherwise disseminate or transmit any information or claim in respect of products or services of a lottery, betting or even pyramid-like type;
  5. Disguise the origin of any information transmitted, including the identity of the sender of a message;
  6. Impersonate another individual or entity or make false representations of any affiliation with any individual or entity;
  7. Display or transmit any information that contains computer viruses, files or codes intended to interrupt, destroy, corrupt or reduce the functionality of any site, computer or computer equipment;
  8. Promote the sale of products and services that violate the rights of others, including intellectual property rights, or are found to be non-compliant under the laws of Canada;
  9. Disseminate false advertising or unauthorized advertising about an individual or company;
  10. Disseminate statements about extortion of individuals or businesses.

Identification as sender. You agree to clearly display your business name or logo and contact information in your email as the sender of messages sent through the MailCan Service. In this regard, you agree to use the MailCan Service integrated system, which allows you to identify yourself as a sender of your large emails.

Intermediary. You agree not to act as an intermediary for any email transmission on behalf of another company (for your customers, for example) using the MailCan Service.

Misleading information. No email sent by the MailCan Service should contain false or misleading information in the subject line of the message or in the content of the message.

3) WHAT ARE THE PAYMENT TERMS?

MailCan’s subscription fees depend on the number of unique contacts associated with your account and are billed monthly. The billing period starts on the same date each month based on your initial registration date. A valid credit card is required to access the paid services, and fees are charged at the start of each billing period. If your contact count exceeds the Free Service limit, you will be switched to a paid plan, requiring a credit card for billing. If a payment is declined, you will receive an email notification and must resolve the issue before the next billing cycle to avoid service termination.

Subscription fees. You agree to pay the subscription fees shown from time to time on the Site based on the number of unique contacts associated with your MailCan account. You must pay the monthly subscription fee for the highest number of unique contacts associated with your MailCan account during a billing period. Subscription fees are subject to change without notice by MailCan.

Billing Period. Your billing period is for a period of one month from the date the first invoice is issued to your MailCan account. If this day is not included in a given month, your billing period will start on the day before that day included in that month, or on another day at our discretion. (If your account was created on the 15th of the month, each billing period begins on the 15th of the month, if your account was created on the 31st of the month, billing periods will start on the 30th or 28th of the month, of the following month, as the case may be).

Payment terms. You must provide a valid credit card number in order to access the Paid Services. You agree that the subscription fee will be charged monthly to your credit card at the beginning of your billing period. We will send you an invoice by email at the beginning of the billing period.

Overflow. In the event that the number of unique contacts associated with your MailCan account exceeds the allowable number for the Free Service, your account will switch to the paid model and will be blocked until you provide us with a valid credit card number and the fees are paid. If the number of unique contacts associated with your MailCan account increases and your monthly fees increase, we may, at our discretion, send you an invoice to the amount of the difference and bring this amount to your credit card or make an adjustment to your invoice for the next billing period.

Default of payment. In the event that a payment is refused by the issuer of your credit card, we will notify you by email. You will need to remedy the situation before your next billing cycle, otherwise your subscription will be terminated. You remain responsible for the payment of all invoiced subscription charges. You will have to pay any unpaid amount to MailCan in order to reinstate your subscription.

4) HOW DO WE TREAT COPYRIGHTED CONTENT?

MailCan owns or licenses the intellectual property rights to all content on its site, which is protected by applicable laws. You cannot copy, alter, or distribute this content without prior written consent from MailCan. You have a limited license to use the site only for learning about MailCan’s products and services or using its service. You can share content through specific features provided but may not hyperlink to the site or imply endorsement without permission. Any user content you submit must comply with the terms, and you guarantee that you have the rights to share it globally.

Intellectual Property of MailCan. Content available through the Site, MailCan Service, site design, layout and trademarks displayed on the Site (the “Content”) are the property of MailCan or are used under licence and are protected by copyright, trademark, unfair competition laws and any other applicable law, as the case may be.

Prohibited Content. You may not copy, distribute, reproduce, modify, alter or transmit the Content without the prior written permission of MailCan or as expressly permitted by these Terms and Conditions.

Limited Use Licence. You are authorized to use the Site within the limits expressly provided in these Terms and Conditions to inform you about the products and services offered by MailCan and to use the MailCan Service. You may not use the Site for any other purpose without obtaining the express prior or written consent of MailCan. You may not create a hyperlink to the Site or use the Site in association with any third party trademark to imply endorsement or association with the MailCan Service or with MailCan. You may share some of the Content through sites or social networking applications exclusively using the features specifically provided for this purpose on the Site.

Transmission of content. When you transmit content in connection with the use of the MailCan Service, whether it be text, photographs, audio or video files, or other forms of content (the “User Content“), you are totally responsible with respect to it. You represent US and guarantee that you are authorized to reproduce and distribute your User Content anywhere in the world and in accordance with these Terms and Conditions.

5) HOW IS CONFIDENTIAL INFORMATION TREATED?

Your business information, like contact and mailing lists, remains your property and is only used to facilitate your use of MailCan services. It is protected with industry-standard security measures, and only authorized employees and essential service providers have access to it. While MailCan strives to secure this information, absolute security cannot be guaranteed. You must ensure you have authorization to share any personal information of your contacts with MailCan and obtain the necessary consent from them. For further details, refer to MailCan’s Privacy Policy.

Confidential information. Your contact lists, customer lists, mailing lists or other business information transmitted to us (the “Confidential Information“) remains your property at all times and we make no use of it except to enable you to use the MailCan Service. We do not keep a copy of the Confidential Information after the end of your subscription except to allow you to retrieve it in accordance with these Terms and Conditions.

Security. Confidential information is protected by industry-recognized security measures. Only our employees and officers who have access to the Confidential Information for MailCan Service have access to it, and we do not disclose Confidential Information to anyone except to service providers who must have access to it for MailCan Service and who then commit to us to preserve their confidentiality. However, we cannot guarantee the absolute security of the Confidential Information.

Guarantee. You represent and guarantee that you are duly authorized to provide us with any personal information about a person you register as a contact associated with your MailCan account. The Customer is solely responsible for obtaining the consent of recipients of consignments indicated as contacts. For more information on our privacy practices, please see our Privacy Policy.

6) WHAT ARE THE FINES IN THE EVENT OF A VIOLATION?

MailCan has the right to suspend or terminate your access to its website and services if you breach any of their terms and conditions. They may also take additional actions, such as canceling your subscription and reporting illegal content to the relevant authorities.

Fines in case of default. MailCan reserves the right, at its sole discretion, to temporarily or permanently suspend your access to the Site and / or the MailCan Service or certain of its features, and to take any other action deemed appropriate, depending on the circumstances, in the event MailCan has good reason to believe that you have breached any of your obligations under these Terms and Conditions. These measures may include, but are not limited to, cancelling your MailCan Service subscription and transmitting any illegal content to the appropriate authorities. MailCan, without obligation to do so, reserves the right to notify you, by email or otherwise, of your breach, and to provide you with an opportunity to remedy it. In the event of termination of your MailCan service, MailCan will retain your final payment for the MailCan Service and no refund will be made.

7) WHAT IS THE CLIENT’S COMPENSATION IN FAVOR OF MailCan ?

You agree to indemnify MailCan and its partners against any damages, legal fees, or losses resulting from your breach of their Terms and Conditions. You are responsible for adhering to the Canadian Anti-Spam Law (CASL) and other online marketing regulations. If violations occur, you will defend and hold MailCan harmless from any claims or penalties. You must also promptly inform MailCan if you suspect any prohibited or illegal activity.

Indemnity. You agree to indemnify MailCan and its employees, agents, assigns, representatives and / or business partners from and against any and all damages, losses or expenses (including reasonable attorneys’ fees) incurred by them as a result of your default with respect to your obligations under these Terms and Conditions, in connection with any and all claims, lawsuits or claims , whether based on copyright infringement, the application of any relevant laws or agreements or any infringement of the rights of third parties, including any pecuniary or other damage arising from the performance of a gesture prohibited under these Terms and Conditions.

Violation of the Anti-Spam Act. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ASSUME THE LIABILITY TO ADOPT PRACTICES AND BEHAVIOURS IN ACCORDANCE WITH THE CANADIAN ANTI-SPAM LAW ACT (CASL) OR ANY OTHER ACT OR REGULATIONS APPLICABLE TO ONLINE MARKETING OR THE CONTENT OF COMMERCIAL MESSAGES. THE CUSTOMER HEREBY UNDERTAKES TO DEFEND AND HOLD MailCan, ITS DIRECTORS, OFFICERS AND EMPLOYEES OF ANY CLAIM, APPLICATION, LOSS, COST, EXPENSE, DAMAGE, JUDGMENT, PENALTIES, FEES, FINE, OR LIABILITY OF ANY KIND RESULTING DIRECTLY OR INDIRECTLY FROM ANY CLAIM, COMPLAINT OR REMEDY UNDERTAKEN BY ITS RECIPIENTS FOR NON-SOLICIT COMMERCIAL ELECTRONIC MESSAGES TRANSMITTED BY THE CUSTOMER USING THE SERVICE MailCan OR (II) BY ANY GOVERNMENT AGENCY, SUCH AS THE CRTC OR THE COMPETITION BUREAU, ARISING OUT OF THE LCAP OR ANY OTHER ACT OR REGULATIONS APPLICABLE TO ONLINE MARKETING OR THE CONTENT OF COMMERCIAL MESSAGES.

Notice of third party default. In addition, you agree to notify MailCan and cooperate with MailCan if you ever suspect the performance of any illegal or prohibited activity described herein.

8) WHAT ARE THE EFFECTS OF TERMINATION OR END OF CONTRACT AND CAN I RECEIVE MY DATA?

If you wish to terminate your subscription to the MailCan Service, here is the procedure to follow:

  • It is your responsibility to export your subscriber lists and unsubscribed contacts from your MailCan account and withdraw them before the end of your current billing cycle, in order to avoid another monthly payment;
  • You can export your data by using the “export” function;
  • Unsubscribe links on emails transmitted through the MailCan Service will remain valid for 60 days following the Customer’s termination or termination (the “Follow-Up Period”);
  • In the event of unsubscription of a contact during the Follow-up Period, the Customer will have to re-export the list of unsubscribed contacts from his MailCan account using the “export” function and remove these recipients himself from his lists. The Customer assumes full responsibility for updating its Active and Inactive Address Lists;
  • The customer acknowledges that MailCan has no further obligation to retain the Customer’s data except as set forth above and that MailCan assumes no liability for any damages that may result from the deletion of Customer’s data in accordance with these terms.

9) WHAT WARRANTIES ARE AVAILABLE ON THE MailCan SERVICE?

MailCan pledges to maintain optimal functionality and accessibility of the site and service. Customer testimonials are shared as provided by their authors, and individual experiences may differ. MailCan does not guarantee uninterrupted, error-free service and disclaims any implied warranties. MailCan is not liable for any direct or indirect damages resulting from site usage, including loss of profits or data. In all cases, MailCan’s liability is limited to the fees paid by the customer in the year preceding the event, with reimbursement being the sole remedy for losses.

Commitments of MailCan. MailCan undertakes to act to the best of its abilities and in accordance with the generally accepted rules of the art in the information technology industry in order to ensure the smooth operation of the Site and the continued accessibility to the MailCan Service.

Customer Testimonials. The testimonies presented on the Site are the sole responsibility of the author, our responsibility being limited to reproducing faithfully their intention. Your experience with the MailCan Service may vary from that shown in these testimonials.

Disclaimer of Warranties. Given the instability of the Internet and to the extent permitted by law and any applicable regulations, MailCan makes no warranty of any kind with respect to the performance of the Site and the MailCan Service from a technical point of view or commercial. MailCan WILL NOT OFFER YOU ANY WARRANTIES AND DISCLAIMS ANY IMPLIED WARRANTIES THAT THE SERVICES PROVIDED ON THE SITE AND THE MailCan SERVICE WILL FULLY MEET YOUR EXPECTATIONS, THAT THEY WILL GIVE DETERMINED RESULTS AND THAT THEY WILL BE UNINTERRUPTED, SAFE OR DEFAULT FROM ANY ERRORS AND THAT ANY DEFECTS IDENTIFIED IN THE FUNCTIONALITIES OFFERED OR IN THE SOFTWARE USED, IF ANY, SHALL BE CORRECTED.

Disclaimer of liability. To the fullest extent permitted by applicable laws and regulations, MailCan shall not be liable for any direct or indirect damages resulting from or suffered in connection with the use or inability to use Site or the MailCan Service, including, without limitation, any loss of profits or business opportunities, or loss of data, whether or not MailCan has been advised of the possibility of such damages.

Limitation of Liability. In all cases, the responsibility of MailCan is strictly limited to the expenses paid by the Customer during the year preceding the occurrence of the event generating responsibility. Customer expressly acknowledges that reimbursement of these costs is the only possible remedy for any loss or damage suffered as a result of using the Site or the MailCan Service.

10) WHAT IS THE RESPONSIBILITY OF MailCan WITH REGARDS TO EXTERNAL SITES?

MailCan is not responsible for the content on external websites accessed through hyperlinks on its site, as these are managed by third parties. MailCan does not endorse or have any affiliation with these external sites, nor the products and services they offer. Any interaction with third-party sites is solely your responsibility. 

Hyperlinks to external sites. MailCan is not responsible for the content of other websites accessible through a hyperlink placed on the Site (the “Third Party Sites”), which content is controlled by third parties. MailCan does not act as publishers or distributor of the content of these third-party websites. MailCan is not affiliated with, and does not endorse, any third party Sites, their owners and operators, or the products and / or services available on the third party Sites. The Site is not sponsored by Third Party Sites or their owners or managers. Your browsing and inclusion in these third-party sites is your own responsibility.

Hyperlinks to the Site. MailCan reserves the right to prohibit you from using a hyperlink to the Site if the context in which the hyperlink is used harms the honour, reputation or commercial interests of MailCan.

11) WHAT ARE THE APPLICABLE LAWS AND JURISDICTION?

If a dispute arises with respect to your relationship with us and we cannot resolve it amongst ourselves, the courts in Montreal will have to decide on the basis of the applicable laws in the province of Ontario.

These Terms and Conditions, the use of the Site and the MailCan Service are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and those laws determine their execution and interpretation. The parties agree that the courts of the judicial district of Toronto, Province of Ontario, Canada, shall have exclusive jurisdiction to hear any dispute, claim or legal action relating to these Terms or the use of the MailCan Service.

12) WHERE CAN COMPLAINTS / ABUSES BE REPORTED?

Any complaints or abuses noticed on the servers of MailCan must be sent by email to [email protected]