The Spanish version of legal agreements and policies is considered as the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the Spanish version. Any translated versions are not legally binding and cannot replace the Spanish versions. In the event of disagreement or conflict, the Spanish language legal agreements and policies shall prevail.

Terms and Conditions

Last updated: October 2025

1. IDENTIFICATION

Owner: MAILERFIND, S.L.
Registered office: Passatge Arnaldeta de Caboet, no. 11, Edifici La Torre, 2nd 1st (AD700), Escaldes-Engordany, Principality of Andorra.
NRT: L-720969-L
Corporate registry data: Registre de Societats d’Andorra, Book S-497, Folio 301–310, Registration No. 25,880
Email: [email protected]
Data Protection Officer: [email protected]

2. PURPOSE

These Terms and Conditions govern the contracting and use of the services offered by MAILERFIND, S.L. (“MAILERFIND”) through the website https://mailerfind.com. Their purpose is to define the legal terms governing the relationship between MAILERFIND and its clients.

The Client declares that they act within the scope of a business or professional activity and not as a consumer, and represents that they have the legal capacity required to contract the Services.

Contracting is carried out entirely by electronic means, through the Website, in Spanish or English, at the Client’s choice.

Please read these Terms and Conditions carefully before contracting the Services.

3. GLOSSARY OF TERMS

Private area: A restricted digital space within the Website, accessible only via authentication through valid identification mechanisms, from which the Client can manage their account, configure usage parameters, access contracted Services, download invoices, and modify profile or billing data, among other actions.

Legal notice: A section of the Website that regulates the general conditions of access, browsing, and use, including the rights and obligations of the Client and of MAILERFIND, as well as liabilities arising from its use.

Digital certificate: An electronic document issued by a recognized certification entity, in accordance with applicable e‑trust services regulations, enabling the secure identification, authentication, and digital signature of a natural or legal person in electronic environments.

Client: A natural or legal person who contracts or uses the Services offered by MAILERFIND through the Website, always acting within a business or professional context. The Client assumes the status of contracting party and is bound to comply with these Terms and Conditions and applicable regulations.

Terms and Conditions: The set of clauses contained in this document that govern the content, scope, rights, obligations, and responsibilities of the parties in relation to the provision of Services offered by MAILERFIND.

Virtual account: A technical and operational means enabled by MAILERFIND for registered Clients, intended for the management of funds or credits associated with contracting, paying for, and using the Services.

Personal data: Any information relating to an identified or identifiable natural person, pursuant to Article 4.1 of Regulation (EU) 2016/679 (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA/CPRA), or any other applicable international data‑protection rules.

Data subject rights: The set of rights recognized by data‑protection law, including, among others, access, rectification, erasure, restriction of processing, portability, and objection, as well as additional rights provided under applicable national or supranational legislation.

Confidential information: Any business, technical, commercial, financial, or personal information—written, oral, or electronic—that is non‑public and disclosed by one Party to the other in the context of or in connection with the performance of the Services, whose confidentiality is expressly designated or derives from its nature.

MAILERFIND: The company that owns the technology platform and website https://mailerfind.com, responsible for the development, maintenance, and provision of the Services described in these Terms and Conditions. MAILERFIND acts as a software provider (Software as a Service, SaaS) under the terms established herein.

Identification mechanism: A technical authentication system based on personal credentials (Client username and password) and/or digital certificates, which allows secure verification of the Client’s identity and ensures the integrity of communications within the Private area.

Services: Technological services offered by MAILERFIND under a SaaS (Software as a Service) model, enabling the Client—via subscription or one‑off usage—to access automated tools for the search, analysis, and management of structured information from publicly accessible sources or lawfully processed databases. The Services include contact prospecting and filtering features, data analysis, campaign and commercial communication management, as well as the use of artificial‑intelligence systems for segmentation or decision support. Their purpose is to facilitate the Client’s identification, location, or contact with potential customers or partners within lawful business activities, with the Client ensuring at all times compliance with applicable data‑protection, privacy, and electronic‑communications regulations.

Website: The digital environment hosted at https://mailerfind.com, exclusively owned and managed by MAILERFIND, through which Clients can register, access their Private area, contract Services, and manage their contractual relationship with MAILERFIND.

Sub‑processor: An external provider or third party authorized by MAILERFIND who, as an auxiliary data processor, provides technical or support services related to the execution of the Services and processes personal data on behalf of MAILERFIND in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR).

4. CLIENT REGISTRATION

Access to MAILERFIND’s services is available to natural or legal persons who correctly complete the sign‑up form on the Website and unreservedly accept these Terms and Conditions. Acceptance is formalized by submitting the form and expressly confirming the request.

Once registration is validated, the Client will become a registered Client, allowing access to the Website’s Private area as well as contracting and using the Services offered by MAILERFIND.

Registration must always be carried out by a natural person of legal age and with full capacity to contract. If acting on behalf of a legal entity, the applicant declares and warrants that they have sufficient representative authority to contract on its behalf. MAILERFIND may automatically verify such authority or, failing that, request supporting documentation.

The Client is responsible for the truthfulness, accuracy, and currency of the data provided during registration, as well as for keeping them up to date through the Private area, especially tax and billing data. Any omission, inaccuracy, or failure to update data releases MAILERFIND from any liability, with the Client being solely responsible for any harm this may cause to MAILERFIND or third parties.

5. SERVICE CONTRACTING PROCEDURE

The procedure for contracting MAILERFIND’s Services is carried out entirely through the Website by electronic means. The registered Client may request Services at any time, 24/7, except for interruptions due to technical maintenance, force majeure, or incidents beyond MAILERFIND’s control.

Contracting is deemed formalized when the registered Client completes the request process in their Private area and confirms acceptance of these Terms. MAILERFIND will send an automatic confirmation of the contracting and will provide the Client access to the acquired Services through the Private area enabled for that purpose.

Selecting the corresponding checkbox during the contracting process, as well as following all the established online steps, constitutes the Client’s express acceptance of these Terms and Conditions, having the same validity as a handwritten signature. Thus, the Client acknowledges being a person with sufficient capacity to assume the obligations arising from actions carried out through the Website and that they have previously read and understand its content.

6. PRICES AND PAYMENT TERMS

The prices and modalities of the Services will be those in force at the time of contracting and will be displayed to the Client during onboarding or plan selection. Each modality may include different features, usage limits, duration, credits, updates, and specific conditions.

Payment for the Services will be made in advance, at the time of contracting, using the payment methods enabled on the platform. Charges are processed through a secure payment gateway (currently Stripe) under its own terms and conditions. MAILERFIND does not have access to the Client’s banking data and will not be responsible for any improper or fraudulent use of such data by third parties.

Contracting is considered perfected only after full payment has been confirmed. In case of rejection, error, or partial payment, MAILERFIND may suspend or deny access to the Services until the issue is resolved.

All prices are expressed in euros (€) and exclude indirect taxes, which will be applied in accordance with the tax regulations in force. MAILERFIND may update prices or economic conditions at any time, with no retroactive effect. New rates will apply to future contracts, renewals, or plan upgrades. Invoices will be issued electronically and will be available for viewing or download in the Client’s Private area. The Client is responsible for providing complete, truthful, and updated billing information and will be liable for any error or damage resulting from inaccuracies. Total or partial non‑payment of any amount entitles MAILERFIND to suspend or cancel access to the Services, without the right to a refund, and to claim amounts due along with interest or collection costs.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

All intellectual and industrial property rights over the software, the Website, its design, source code, navigation structures, databases, tools, features, and other technical or creative elements associated with the Services are the exclusive property of MAILERFIND or, where applicable, its legitimate licensors.

Contracting the Services does not imply assignment or transfer of those rights, but merely grants the Client a limited, non‑exclusive, non‑sublicensable, revocable, and non‑transferable license to the territorial, temporal, and functional extent necessary to access and use the contracted Services in accordance with these Terms and Conditions.

This license is strictly personal and granted solely to allow the Client to operationally use the software as a service (SaaS). Under no circumstances shall the license be understood to grant the Client rights of reproduction, distribution, public communication, transformation, decompilation, reverse engineering, assignment, sublicensing, commercial exploitation, or any other use other than as expressly authorized.

The following is expressly prohibited: (i) using the software or the Website for purposes other than those set forth in these Terms and Conditions; (ii) copying, modifying, decompiling, reproducing, or distributing, in whole or in part, the software’s source code or content; (iii) incorporating, linking, or integrating MAILERFIND’s database, interface, or technological structures into other products, services, or platforms without prior written authorization.

Trademarks, trade names, logos, designs, and other distinctive signs appearing on the Website or platform are the exclusive property of MAILERFIND or third‑party licensors, and their use by the Client does not imply the grant of any rights over them.

MAILERFIND reserves the right to exercise all legal actions, civil or criminal, to protect its intellectual and industrial property rights against any infringement or unauthorized use.

8. ARTIFICIAL‑INTELLIGENCE USE, FEATURES, AND GOVERNANCE

MAILERFIND integrates certain artificial‑intelligence (AI) features in its Services, designed in line with the principles of transparency, traceability, human oversight, and proportionality of risks, consistent with the GDPR and the EU Artificial Intelligence Act (AI Act), to the extent applicable.

To ensure the reliability and safety of its systems, MAILERFIND applies internal algorithmic‑governance policies, including procedures for technical validation, performance‑metric logging, version control, and measures to mitigate bias or inaccurate outcomes. These policies are periodically reviewed in line with regulatory developments and guidance from competent authorities.

Nevertheless, recommendations, rankings, or predictions generated by AI are purely indicative. They do not constitute professional advice or a guarantee of results, and should be considered decision‑support tools for the Client, who remains solely responsible for actions taken based on their use.

Accordingly, the Client expressly releases MAILERFIND from any liability, direct or indirect, arising from the use, interpretation, or application of results generated by AI systems. The Client acknowledges that such results are based on statistical models and public or historical data, without any (implicit or explicit) warranty of accuracy, adequacy, or fitness for a particular purpose.

The Client accepts and assumes the risks inherent to the use of these features, understanding their probabilistic and complementary nature, and expressly waives any claims or legal actions against MAILERFIND related to outcomes obtained through such systems.

9. TERM, SUSPENSION, AND TERMINATION

This Agreement will have the duration expressly indicated during the online contracting process, in the commercial offer, or in the specific order accepted by the Client through the Website. In the absence of a specific indication, it will be understood that contracting is monthly or one‑off, depending on the type of Service selected.

The Agreement will automatically renew for successive periods of equal duration, unless MAILERFIND provides written notice of non‑renewal at least fifteen (15) calendar days before the end date of the current period. Renewal will be deemed tacitly accepted as long as the Client keeps their account active and is current on payment of applicable fees. The Client may, however, cancel their subscription at any time up to the day before the relevant renewal date, without additional notice. Cancellation will take effect at the end of the current billing period, at which time the Client’s account will automatically be switched to the free plan, resulting in the loss of access to the features and services associated with the paid plan.

MAILERFIND may terminate the Agreement at any time, at its sole discretion, with or without cause, by notifying the Client. Where reasonably possible, MAILERFIND will communicate such termination by email with sufficient advance notice. In the event of unilateral termination without cause by MAILERFIND, the Client will be refunded the proportional part of amounts paid corresponding to services not rendered as of the effective termination date.

Except as provided above, termination will not give rise to any right to compensation, refund, or indemnity, and MAILERFIND will not be liable for damages or business losses arising directly or indirectly from termination of the Agreement.

In all cases of termination, the Client must cease using the software and the Services, delete or return any confidential information or material owned by MAILERFIND, and refrain from any subsequent use of data or content obtained.

MAILERFIND may temporarily or permanently suspend the Client’s access to the Services in case of breach of these Terms and Conditions, non‑payment, misuse, or any activity that may jeopardize the security or integrity of the platform, without prior notice and without giving rise to any right to compensation.

Termination or expiration of the Agreement will not affect accrued rights or obligations, particularly those relating to outstanding payments, confidentiality, intellectual property, and limitation of liability, which will survive termination.

10. RIGHT OF WITHDRAWAL

The Client may request withdrawal from the Service within fourteen (14) calendar days following their request for the Services. This right, granted by MAILERFIND without legal obligation to do so, is limited and will be extinguished in the following cases:

When the Client has consumed more than twenty‑five percent (25%) of the total credits included in the contracted Service or a total of twenty‑five thousand (25,000) credits, in which case it will be understood that the Service has been effectively and substantially used.
When the Service has been purchased through coupons or special promotions which, by their nature, are deemed final and non‑refundable once activated or used.

In the event of a valid withdrawal exercised in due time and form, MAILERFIND will refund the amounts paid within a maximum of fourteen (14) calendar days from receipt of the withdrawal notice, using the same means of payment employed by the Client, unless impossible due to reasons beyond MAILERFIND’s control, in which case an appropriate alternative method will be sought.

Likewise, if the Client initiates a bank dispute (“chargeback”) regarding charges for the provision of the Services, regardless of outcome, MAILERFIND may apply an administrative fee of fifty euros (€50), plus applicable VAT, to cover the costs of handling the claim.

MAILERFIND will also invoice the effective use of the Service up to the date the dispute is lifted, via the payment method associated with the Client’s account or, failing that, the User will be required to make a bank transfer for the amount due. The invoice issued for these concepts must be paid by the Client within the time limits stated therein. In case of non‑payment, MAILERFIND reserves the right to take appropriate legal action.

Any queries or communications relating to withdrawal, refund requests, or payment disputes must be sent to the channel enabled at [email protected]. For more information on how credits work and are consumed, consult the technical documentation available at https://help.mailerfind.com/es/.

11. BASIC INFORMATION ON CLIENT DATA PROTECTION

In the context of providing the Services, MAILERFIND acts as a Processor, processing or providing access to personal data on behalf of the Client, following the Client’s instructions at all times and without using such data for its own purposes. The Client acts as the Controller with respect to the personal data accessed or processed through the Services and assumes the obligations arising from that role, guaranteeing the lawfulness, purpose limitation, confidentiality, integrity, and security of processing.

The relationship between MAILERFIND and the Client in data protection matters is governed by the Data Processing Agreement included as Annex I, which forms an integral part of these Terms. MAILERFIND will not be responsible for the use or further processing that the Client performs on personal data obtained through the Services, with the Client being solely responsible for the consequences of such use.

12. LIABILITY

Each party will be responsible for compliance with its legal and contractual obligations arising from these Terms and Conditions. In case of breach, the affected party may claim compensation for damages caused.

MAILERFIND does not guarantee the continuous and uninterrupted availability of the Services, although it will take reasonable measures to maintain their stability and proper operation. It will not be liable for temporary interruptions due to maintenance, updates, or causes beyond its control; for technical failures in communication networks or external providers; for force‑majeure situations; for incorrect use of the Website or Services by the Client; or for erroneous or incomplete information provided by the Client.

The Client uses the information at their sole responsibility and expressly releases MAILERFIND from any claim related to the use, processing, or commercial exploitation of data, as well as outcomes—positive or negative—obtained in campaigns, communications, or other actions based on such information.

In no event will MAILERFIND be liable for loss of profits, business interruption, loss of business opportunities, or any other indirect or consequential damage arising from the use of the Services.

13. AMENDMENT

MAILERFIND may amend or update these Terms and Conditions to keep them aligned with applicable law and the evolution of the Services. When changes are substantial, the Client will be notified in advance for acceptance or rejection; it will be understood that the Client accepts the new conditions if they again contract or use the Services via the Website after publication. In case of non‑acceptance, the contractual relationship will be considered terminated, without prejudice to the fulfillment of outstanding obligations, especially economic obligations arising from Services already rendered.

14. GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by Spanish law. For any dispute arising from or related to them, the parties expressly submit to the exclusive jurisdiction of the Courts of the city of Barcelona (Spain).

ANNEX I. DATA PROCESSING AGREEMENT (DPA)

1. Object and Scope

This agreement regulates the conditions under which the Processor will process personal data on behalf of the Controller, pursuant to Article 28 of Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD), for the proper provision of lead‑management, digital‑marketing, and electronic‑communications services (the “Services”).

The Processor will process only the data necessary to provide the Services, in accordance with the Controller’s documented instructions.

2. Categories of Data and Data Subjects

Data processed: identifying and contact data (name, surname, email, phone, IP address, browsing information, preferences, interests, and any other data strictly necessary to provide the Services).

Categories of data subjects: leads, prospects, business contacts, and Clients of the platforms or forms managed by the Controller.

3. Duration

This agreement will have the same duration as the main contractual relationship between the parties. Upon termination of the contract, the Processor will retain, return, or delete the data as set forth in Clause 10. Obligations that by their nature must continue after termination (e.g., confidentiality) will remain in force indefinitely.

4. Purpose and Limitations of Processing

The Processor will process personal data solely to provide the contracted Services and in accordance with the Controller’s documented instructions. The Processor may not use the data for its own purposes or disclose them to third parties, except where required by law or with the Controller’s prior written authorization.

If the Processor believes that a Controller instruction infringes data‑protection law, it will promptly notify the Controller and will not execute the instruction until receiving written confirmation that is compliant with law.

5. Controller Obligations

It is the Controller’s responsibility to:

a) Provide the Processor only with personal data that are necessary and ensure they are accurate, current, and lawfully obtained.

b) Properly inform data subjects in accordance with GDPR Articles 13 and 14.

c) Have a sufficient legal basis for processing and profiling and ensure that no commercial profiling is performed on minors.

d) Supervise the Processor’s compliance and conduct audits where appropriate.

e) Determine the security measures applicable when processing is carried out on its own systems.

f) Carry out, where appropriate, data‑protection impact assessments and prior consultations with the supervisory authority.

6. Processor Obligations

The Processor undertakes to:

a) Process personal data only following the Controller’s documented instructions.

b) Ensure that persons authorized to process the data commit to confidentiality and receive appropriate training.

c) Apply appropriate technical and organizational measures to ensure processing security (see Security Appendix).

d) Maintain a record of processing activities carried out on behalf of the Controller.

e) Assist the Controller in meeting its security obligations and in carrying out impact assessments and prior consultations.

f) Cooperate with the Spanish Data Protection Agency (AEPD) or other competent authority.

g) Notify the Controller without undue delay—and preferably within 24 hours—of any personal‑data breach, including the information required by GDPR Article 33.3.

h) Assist the Controller in responding to data‑subject rights (access, rectification, erasure, objection, restriction, portability, and automated decisions).

i) Not subcontract services involving access to personal data except under Clause 9.

j) Allow and cooperate in audits or inspections carried out by the Controller or an authorized auditor, upon reasonable prior notice.

7. Security Breaches

In the event of a security incident or personal‑data breach:

a) The Processor will immediately notify the Controller (preferably within 24 hours of obtaining sufficient knowledge).

b) It will provide at least the following information: nature of the incident, categories of data and data subjects affected, possible consequences, measures taken or proposed, and the designated contact person.

c) It will cooperate in notifications to the AEPD and, where applicable, to data subjects and any competent authorities.

d) It will maintain an internal log of security incidents.

8. Sub‑processors

8.1 The Controller grants the Processor a general authorization to engage sub‑processors necessary for the provision of the Services (e.g., technology providers, hosting, email marketing, cloud support), which may be located outside the EEA provided they offer adequate safeguards under the GDPR.

8.2 The Processor will notify the Controller, at least 15 calendar days in advance, of the identity, services provided, and location of any new sub‑processor. The Controller may object with reasons within that period.

8.3 The Processor will impose on the sub‑processor, by contract, the same obligations regarding data protection as those set forth in this agreement, ensuring it offers sufficient guarantees of GDPR compliance.

8.4 The Processor will be fully liable to the Controller for the sub‑processor’s compliance and will hold the Controller harmless from any damage, penalty, or claim arising from the sub‑processor’s actions, subject to the limits established in Clause 13 of this Agreement.

9. International Data Transfers

9.1 The Processor will not carry out international data transfers outside the European Economic Area (EEA) without the Controller’s prior written authorization, except those already described in this agreement or in the main contract.

9.2 Authorized international transfers will be covered by the European Commission’s Standard Contractual Clauses (SCCs) or other valid mechanisms under GDPR Articles 44–49.

9.3 The Processor will assess the destination country and supplementary measures, monitor the validity of safeguards, and notify any material changes.

9.4 The Controller may request information about the countries, recipients, and safeguards applied.

10. Deletion or Return of Data

10.1 Once the Services have been provided or the contract has ended, the Processor will return to the Controller all personal data processed, or will securely delete them, as instructed by the Controller.

10.2 Deletion will include all copies and backups, which will be erased or overwritten within a maximum of 30 calendar days, unless there is a legal retention obligation.

10.3 The Processor will issue, upon the Controller’s request, a destruction or return certificate, guaranteeing irrecoverability.

10.4 If there is a legal retention obligation, data will remain blocked and accessible only to competent authorities until the applicable limitation period expires.

11. Confidentiality

11.1 The Processor will maintain absolute secrecy and confidentiality over all information and personal data processed, even after the contractual relationship ends.

11.2 It will ensure that persons under its authority access the data only when necessary to fulfill their duties.

11.3 It will have signed confidentiality agreements with all personnel and will make such documentation available to the Controller upon request.

12. Audits and Verifications

The Controller may verify compliance with this agreement by conducting periodic audits, performed internally or by independent third parties, upon at least 10 business days’ notice, except in urgent incidents.

13. Liability

13.1 The Processor will be liable for damages caused to the Controller or third parties as a result of breaches of the obligations set forth in this agreement or in applicable law.

13.2 If the Processor processes data for its own purposes or discloses them to third parties without authorization, it will be deemed a Controller for all legal purposes.

13.3 The Processor will indemnify and hold the Controller harmless from any claim, penalty, or damage arising from the Processor’s or its sub‑processors’ breaches, provided such damages result directly and immediately from a proven infringement attributable to the Processor.

13.4 In any case, the Processor’s total aggregate liability to the Controller, for any cause arising directly or indirectly from this contract, will not exceed the total amount actually paid by the Controller to the Processor during the twelve (12) months preceding the event giving rise to the claim. This limitation will not apply in cases of willful misconduct, gross negligence, or intentional breach of essential data‑protection obligations.

14. Governing Law and Jurisdiction

As set forth in the main contract.

15. Technical and Organizational Measures (Security Appendix)

– Access control, authentication, and password management.
– Logging and monitoring of access and security events.
– Encryption of data in transit (TLS/HTTPS) and at rest.
– Encrypted and segregated backups.
– Disaster‑recovery and business‑continuity procedures.
– System update and patch‑management policy.
– Restricted physical access to servers and offices.
– Data‑protection and security training for all staff.
– Documented incident‑management procedures.
– Periodic risk assessments and internal audits.