End User License Agreement

Last updated: 11 March 2026

This End User License Agreement ("Agreement") is a legal agreement between you ("User", "you", or "your") and The Night Project LTD, trading as MailJunky ("MailJunky", "we", "us", or "our"), for the use of the MailJunky platform, API, SDK, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the Service.

1. License Grant

Subject to your compliance with this Agreement, MailJunky grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes. This licence includes the right to:

  • Send transactional and marketing emails through the MailJunky API and SMTP gateway
  • Track user events and access analytics through the dashboard and API
  • Use the MailJunky SDK (@mailjunky/sdk) in your applications
  • Create and manage AI-powered email workflows
  • Access the MailJunky dashboard to manage your account, domains, and team members

2. Account and API Keys

You are responsible for maintaining the confidentiality of your account credentials, API keys, and any activities that occur under your account. Live API keys (mj_live_) provide full access to sending and management features and must be kept secret and used only in server-side environments. Public API keys (mj_pub_) are intended for client-side event tracking only.

You must notify us immediately of any unauthorised use of your account or API keys. We reserve the right to revoke API keys or suspend accounts that we reasonably believe have been compromised.

3. Acceptable Use

You agree not to use the Service to:

  • Send unsolicited bulk email (spam) or messages that violate the CAN-SPAM Act, GDPR, or any applicable anti-spam legislation
  • Send emails to purchased, rented, or harvested email lists
  • Transmit malware, phishing attempts, or fraudulent content
  • Impersonate another person or entity
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to gain unauthorised access to the Service or its related systems
  • Use the Service in any manner that violates applicable laws or regulations
  • Resell, redistribute, or sublicence access to the Service without written permission

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these acceptable use policies.

4. Service Plans and Billing

The Service is available under various plans with different usage limits including email volume, event tracking, domain allocations, and API key limits. Usage beyond your plan's limits may result in throttling, temporary suspension of sending, or automatic upgrade to a higher tier, depending on your account settings.

Paid plans are billed monthly or annually as selected at the time of purchase. All fees are non-refundable except as required by applicable law. We reserve the right to change pricing with 30 days' written notice.

5. Data and Privacy

We process personal data in accordance with our Privacy Policy. You are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including obtaining appropriate consent from recipients before sending emails or tracking events.

Email content, recipient data, and event data that you submit through the Service remain your property. We will not sell your data to third parties. We may process your data as necessary to provide the Service, including analytics, deliverability optimisation, and abuse prevention.

6. Intellectual Property

The Service, including its design, features, code, documentation, and branding, is owned by The Night Project LTD and is protected by intellectual property laws. This Agreement does not transfer any ownership rights to you.

The MailJunky SDK is provided under the MIT licence. All other components of the Service are proprietary.

7. Third-Party Integrations

The Service may integrate with third-party platforms including but not limited to Vercel, WordPress, Shopify, and AI services. Your use of these integrations is subject to the respective third party's terms of service. We are not responsible for the availability, accuracy, or policies of third-party services.

8. Service Availability and Support

We aim to provide a reliable service but do not guarantee 100% uptime. The Service is provided "as is" and "as available". We may perform scheduled maintenance with reasonable notice. Unscheduled downtime may occur due to circumstances beyond our control.

Support is available via email and the dashboard. Response times vary by plan tier.

9. Limitation of Liability

To the maximum extent permitted by applicable law, MailJunky and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from your use of or inability to use the Service.

Our total aggregate liability for any claims arising under this Agreement shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless MailJunky from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of this Agreement, or your violation of any third party's rights.

11. Termination

Either party may terminate this Agreement at any time. You may terminate by closing your account through the dashboard or by contacting us. We may terminate or suspend your access immediately, without prior notice, if you breach this Agreement.

Upon termination, your right to use the Service ceases immediately. We may retain your data for a reasonable period to comply with legal obligations, resolve disputes, and enforce our agreements. After this period, your data will be permanently deleted.

12. Changes to This Agreement

We may update this Agreement from time to time. We will notify you of material changes by email or through the dashboard. Your continued use of the Service after such changes constitutes acceptance of the updated terms.

13. Governing Law

This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact

If you have any questions about this Agreement, please contact us: