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 of Contracting
Last updated: 2026
- IDENTIFICATION
- Owner: MAILERFIND, S.L.
- Registered office: Passatge Arnaldeta de Caboet, 11, Edifici La Torre, 2n 1ª, AD700, Escaldes-Engordany, Principality of Andorra.
- NRT: L-720969-L
- Registration details: Registre de Societats d’Andorra, Llibre S-497, Foli 301-310, no. 25.880. E-
- Email: [email protected]
- Data Protection Officer: [email protected]
- PURPOSE
These Terms of Contracting 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 framework of a business or professional activity, and not as a consumer, and states that they have the necessary legal capacity to contract the Services.
Contracting is carried out entirely by electronic means, through the Website, in Spanish or English, according to the Client’s choice.
It is recommended that these Terms of Contracting be read carefully before contracting the Services.
- GLOSSARY OF TERMS
Private Area: Restricted digital space within the Website, accessible only through authentication using valid identification mechanisms, from which the Client may manage their account, configure usage settings, access the contracted Services, download invoices, and modify profile or billing data, among other actions.
Legal Notice: Section of the Website that regulates the general conditions of access, browsing and use thereof, including the rights and obligations of the Client and MAILERFIND, as well as the responsibilities arising from its use.
Digital certificate: Electronic document issued by a recognized certification authority, in accordance with the applicable regulations on electronic trust services, which enables the secure identification, authentication and digital signature of a natural or legal person in electronic environments.
Client: Natural or legal person who contracts or uses the Services offered by MAILERFIND through the Website, always acting within the framework of a business or professional activity. The Client assumes the status of contracting party and undertakes to comply with these Terms of Contracting and the applicable regulations.
Terms of Contracting: Set of rules composed of the clauses contained in this document, which regulate the content, scope, rights, obligations and responsibilities of the parties in relation to the provision of the Services offered by MAILERFIND.
Virtual account: Technical and operational means enabled by MAILERFIND for registered Clients, intended for the management of funds or credits associated with the contracting, payment and use of the Services.
Personal data: Any information relating to an identified or identifiable natural person, in accordance with 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 regulations.
Data subject rights: Set of prerogatives recognized to individuals by data protection regulations, including, among others, the rights of access, rectification, erasure, restriction of processing, portability and objection, as well as any additional rights provided for under applicable national or supranational legislation.
Confidential information: Any information of a business, technical, commercial, financial or personal nature, whether written, oral or in electronic format, that is not public and is disclosed by one Party to the other in the context of or in connection with the performance of the Services, whose confidentiality has been expressly designated or derives from its own nature.
MAILERFIND: Commercial company that owns the technological platform and the website https://mailerfind.com, and is responsible for the development, maintenance and provision of the Services described in these Terms of Contracting. MAILERFIND acts as a software provider (Software as a Service, SaaS) under the terms established in this document.
Identification mechanism: Technical authentication system based on personal credentials (Client username and password) and/or digital certificates, which makes it possible to securely verify the identity of the Client and guarantee the integrity of communications within the Private Area.
Services: Technological services offered by MAILERFIND under the SaaS (Software as a Service) model, which allow the Client to access, by subscription or occasional use, automated tools for searching, analyzing and managing structured information from publicly accessible sources or legitimately processed databases. The Services include contact prospecting and filtering features, data analysis, campaign management and commercial communications, as well as the use of artificial intelligence systems for segmentation or decision-making support. Their purpose is to help the Client identify, locate or contact potential customers or partners within the framework of lawful business activities, and the Client must at all times ensure compliance with the applicable regulations on data protection, privacy and electronic communications.
Website: Digital environment hosted at the URL https://mailerfind.com, owned and managed exclusively by MAILERFIND, through which Clients may register, access their Private Area, contract the Services and manage their contractual relationships with MAILERFIND.
Sub-processor: External provider or third party authorized by MAILERFIND that, as an auxiliary processor, provides technical or support services related to the performance of the Services, and processes personal data on behalf of MAILERFIND under the terms established by Article 28 of Regulation (EU) 2016/679 (GDPR).
- CLIENT REGISTRATION
The services of MAILERFIND may be accessed by natural or legal persons who correctly complete the registration form available on the Website and accept these Terms of Contracting without reservation. Acceptance shall be formalized by submitting the form and expressly confirming the request.
Once the registration has been validated, the Client shall acquire the status of registered Client, which will allow them to access the private area of the Website, as well as to contract and use the Services offered by MAILERFIND.
Registration must always be carried out by a natural person of legal age with full capacity to contract. If acting on behalf of a legal person, the applicant declares and warrants that they have sufficient powers of representation to contract on its behalf. MAILERFIND may automatically verify such representation or, failing that, request supporting documentation.
The Client shall be responsible for the truthfulness, accuracy and currency of the data provided during the registration process, as well as for keeping it updated through the private area, especially tax and billing data. The omission, inaccuracy or failure to update the data exempts MAILERFIND from any liability, and the Client shall be solely responsible for any damage that this may cause both to MAILERFIND and to third parties.
- PROCEDURE FOR CONTRACTING THE SERVICES
The procedure for contracting the Services of MAILERFIND is carried out entirely through the Website, by electronic means. The registered Client may request the Services at any time, 24 hours a day, 7 days a week, except for interruptions due to technical maintenance, force majeure or incidents beyond MAILERFIND’s control.
Contracting shall be deemed formalized when the registered Client completes the request process in their private area and confirms acceptance of these Terms. MAILERFIND shall send automatic confirmation of the contracting and make access to the purchased Services available to the Client through the private area enabled for this purpose.
Ticking the corresponding box during the contracting process, as well as following all the steps established for it online, entails the express acceptance of these Terms of Contracting by the Client, with the same validity as their handwritten signature. In this way, the Client acknowledges that they are a person with sufficient capacity to assume the obligations arising from their actions through the Website, and that they have previously read and understood its content.
- PAYMENT TERMS AND PRICES
The prices and types of Services shall be those in force at the time of contracting and shall be shown to the Client during the registration process or selection of the corresponding plan. Each type may include different features, usage limits, duration, credits, updates and specific conditions.
Payment for the Services shall be made in advance, at the time of contracting, through 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 bank details and shall not be liable for any improper or fraudulent use that third parties may make of them.
Contracting shall be considered completed only after full confirmation of payment. In the event of rejection, error or partial payment, MAILERFIND may suspend or deny access to the Services until the corresponding regularization has been completed.
refund, and to claim the amounts owed together with any interest or expenses arising from recovery.
- 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, of its legitimate licensors.
The contracting of the Services does not imply the assignment or transfer of such rights, but merely the granting to the Client of a limited, non-exclusive, non-sublicensable, revocable and non-transferable license of use, confined to the territorial, temporal and functional scope necessary to access and use the contracted Services in accordance with these Terms of Contracting.
This license is strictly personal and is granted solely for the purpose of allowing the Client to make operational use of the software as a service (SaaS). Under no circumstances shall the license be understood to grant the Client any rights of reproduction, distribution, public communication, transformation, decompilation, reverse engineering, assignment, sublicensing, commercial exploitation or any other use other than that expressly authorized.
The following are expressly prohibited: (i) using the software or the Website for purposes other than those provided for in these Terms of Contracting, (ii) copying, modifying, decompiling, reproducing or distributing, in whole or in part, the source code or contents of the software, (iii) incorporating, linking or integrating the database, interface or technological structures of MAILERFIND into other products, services or platforms without prior written authorization.
The trademarks, trade names, logos, designs and other distinctive signs appearing on the Website or on the platform are the exclusive property of MAILERFIND or of third-party licensors, and their use by the Client does not imply the granting of any rights over them.
MAILERFIND reserves the right to exercise all legal, civil or criminal actions that may be appropriate to protect its intellectual and industrial property rights against any infringement or unauthorized use.
- USE AND GOVERNANCE OF ARTIFICIAL INTELLIGENCE FEATURES
MAILERFIND integrates into its Services certain features based on artificial intelligence (AI), designed in accordance with the principles of transparency, traceability, human oversight and risk proportionality, in line with the GDPR and the European Artificial Intelligence Regulation (AI Act), to the extent applicable.
To ensure the reliability and security of its systems, MAILERFIND applies internal algorithmic governance policies, which include technical validation procedures, recording of performance metrics, version control and measures to mitigate bias or inaccurate results. These policies are reviewed periodically in accordance with regulatory developments and the guidelines of the competent authorities.
However, recommendations, classifications or predictions generated by AI are merely indicative. They do not constitute professional advice or a guarantee of results, and must be considered decision-making support tools for the Client, who retains sole responsibility for the actions arising from their use.
Consequently, the Client expressly releases MAILERFIND from any direct or indirect liability arising from the use, interpretation or application of the results generated by AI systems. The Client acknowledges that such results are based on statistical models and public or historical data, without any guarantee (implied or explicit) of accuracy, suitability or fitness for a specific purpose.
The Client accepts and assumes the risks inherent in the use of these features, understanding their probabilistic and complementary nature, and expressly waives the right to bring claims or legal actions against MAILERFIND related to the results obtained through such systems.
- TERM, SUSPENSION AND TERMINATION
This Agreement shall have the duration expressly indicated in 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, the contracting shall be understood to be monthly or occasional, depending on the type of Service selected.
The Agreement shall be automatically renewed for successive periods of equal duration, unless MAILERFIND gives written notice of its intention not to renew at least fifteen (15) calendar days before the end date of the current period. Renewal shall be deemed tacitly accepted while the Client keeps their account active and is up to date with payment of the applicable fees. The Client may, however, cancel their subscription at any time up to the day before the corresponding renewal date, without the need for additional prior notice. Cancellation shall take effect at the end of the current billing period, at which point the Client’s account shall automatically be assigned to the free plan, with the consequent 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 shall communicate such termination by email with sufficient notice. In the event of unilateral termination without cause by MAILERFIND, the Client shall be refunded the proportional part of the amounts paid corresponding to services not provided as of the effective termination date.
Outside this case, termination shall not give rise to any right to compensation, refund or indemnification, and MAILERFIND shall not be liable for any damages or business losses arising directly or indirectly from the 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 the data or content obtained.
MAILERFIND may temporarily or permanently suspend the Client’s access to the Services in the event of breach of these Terms of Contracting, non-payment, misuse or any activity that may harm the security or integrity of the platform, without prior notice and without this giving rise to any right to compensation.
Termination or expiry of the Agreement shall not affect rights or obligations accrued beforehand, especially those relating to pending payments, confidentiality, intellectual property and limitation of liability, which shall remain in force after termination.
- 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 any legal obligation to do so, shall be limited and shall 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 shall be understood that there has been effective and substantial use of the Service.
When the Service has been purchased using coupons or special promotions which, by their nature, are considered final and non-refundable transactions once activated or used.
In the event of a valid withdrawal exercised in due time and form, MAILERFIND shall refund the amounts paid within a maximum period of fourteen (14) calendar days from receipt of the withdrawal notice, using the same means of payment used by the Client, unless this is impossible for reasons beyond MAILERFIND’s control, in which case an appropriate alternative method shall be sought.
Likewise, if the Client initiates a bank dispute (“chargeback”) in respect of charges made for the provision of the Services, regardless of its outcome, MAILERFIND may apply an administrative fee of fifty euros (€50), plus the corresponding Value Added Tax (VAT), intended to cover the costs of managing the claim.
MAILERFIND shall also invoice the effective use of the Service until the date on which the dispute is lifted, through the payment method associated with the Client’s account or, failing that, the User shall be required to make a bank transfer for the amount owed. The invoice issued for these items must be paid by the Client within the deadlines stipulated therein. In the event of non-payment of the invoice, MAILERFIND reserves the right to take any legal action it deems appropriate.
Any query or communication relating to the exercise of 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, the technical documentation available at https://help.mailerfind.com/es/ may be consulted.
- BASIC INFORMATION ON CLIENT DATA PROTECTION
In the context of providing the Services, MAILERFIND acts as the Processor, by processing or facilitating access to personal data on behalf of the Client, always following their instructions and without using it for its own purposes. The Client acts as the Controller with respect to the personal data they access or process through the Services, assuming the obligations arising from that status and guaranteeing the lawfulness, purpose, confidentiality, integrity and security of the processing.
The relationship between MAILERFIND and the Client in matters of data protection is governed by the Data Processing Agreement included as Annex I, which forms an integral part of these Terms. MAILERFIND shall not be responsible for any subsequent use or processing that the Client carries out on the personal data obtained through the Services, and the latter shall be solely responsible for the consequences arising from such use.
- LIABILITIES
Each party shall be responsible for complying with its legal and contractual obligations arising from these Terms of Contracting. In the event of breach, the affected party may claim compensation for the damages caused.
MAILERFIND does not guarantee the continuous and uninterrupted availability of the Services, although it shall adopt reasonable measures to maintain their stability and proper functioning. It shall 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 events; for incorrect use of the Site or the Services by the Client; or for incorrect or incomplete information provided by the Client.
The Client uses the information under their sole responsibility and expressly releases MAILERFIND from any claim related to the use, processing or commercial exploitation of the data, as well as to the positive or negative results obtained in campaigns, communications or other actions based on such information.
Under no circumstances shall MAILERFIND be liable for loss of profits, interruption of business, loss of commercial opportunities or any other indirect or consequential damage arising from the use of the Services.
- AMENDMENT
MAILERFIND may amend or update these Terms of Contracting in order to keep them adapted to current regulations and to the evolution of the Services. Where the changes are substantial, the Client shall be informed in advance for their acceptance or rejection, and it shall be understood that they accept the new terms if they contract or use the Services again through the Website after their publication. In the event of non-acceptance, the contractual relationship shall be considered terminated, without prejudice to compliance with pending obligations, especially those of an economic nature arising from the Services already provided.
- APPLICABLE LAW AND JURISDICTION
These Terms of Contracting 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 and Tribunals of the city of Barcelona (Spain).
MAILERFIND, S.L. 2026. All rights reserved.
ANNEX I. DATA PROCESSING AGREEMENT
- Purpose and scope
The purpose of this agreement is to regulate the conditions under which the Processor shall process personal data on behalf of the Controller, in accordance with Article 28 of Regulation (EU) 2016/679 (GDPR), for the proper provision of lead management, digital marketing and electronic communications services (hereinafter, the Services).
The Processor shall process only the data necessary for the provision of the Services, in accordance with the documented instructions of the Controller.
- Categories of data and data subjects
Data processed: identification and contact data (first name, surname, email address, telephone number, IP address, browsing information, preferences, interests and any other data strictly necessary for the provision of the Services).
Categories of data subjects: leads, potential clients, commercial contacts and Clients of the platforms or forms managed by the Controller.
- Term
This agreement shall have the same term as the main contractual relationship between the parties. Upon termination of the agreement, the Processor shall retain, return or delete the data as established in Clause 10. Obligations which, by their nature, must remain in force after termination shall remain in force indefinitely (for example, confidentiality).
- Purpose of processing and limitation
The Processor shall process personal data solely for the provision of the contracted Services and following the documented instructions of the Controller. It may not use the data for its own purposes or disclose it to third parties, except under a legal obligation or with the prior written authorization of the Controller.
If the Processor considers that an instruction from the Controller infringes data protection regulations, it shall notify this without delay and shall not execute the instruction until it receives written confirmation in accordance with the law.
- Obligations of the Data Controller
The Controller shall be responsible for:
- Providing the Processor only with the necessary personal data and ensuring that it is accurate, up to date and lawfully obtained.
- Duly informing data subjects in accordance with Articles 13 and 14 of the GDPR.
- Having a sufficient legal basis for processing and profiling and ensuring that commercial profiling is not carried out on data subjects who are minors.
- Supervising the Processor’s compliance and carrying out audits, where appropriate.
- Determining the applicable security measures when processing is carried out on its own systems.
- Carrying out, where applicable, impact assessments and prior consultations with the supervisory authority.
- Obligations of the Data Processor
The Processor undertakes to:
- Process personal data only following documented instructions from the Controller.
- Ensure that persons authorized to process the data assume a confidentiality commitment and receive appropriate training.
- Apply appropriate technical and organizational measures to guarantee the security of processing (see Security Appendix).
- Maintain a record of processing activities carried out on behalf of the Controller.
- Assist the Controller in complying with its security obligations, in carrying out impact assessments and prior consultations.
- Provide assistance to the Controller in responding to data subject rights (access, rectification, erasure, objection, restriction, portability and automated decisions).
- Not subcontract services with access to personal data except under the terms of Clause 9.
- Allow and cooperate in audits or inspections carried out by the Controller or by an authorized auditor, upon reasonable notice.
- Security breaches
In the event of an incident or security breach that affects or may affect personal data processed on behalf of the Controller, the Processor undertakes to notify the Controller without undue delay from the moment it becomes aware of the incident, including all relevant information available to document, assess and, where applicable, communicate the security breach.
The notification must include, to the extent that such information is available, at least:
- A description of the nature of the incident, including, where possible, the categories of data and the number of data subjects affected.
- The details of the person or contact point designated to obtain additional information about the incident.
- A description of the possible consequences
- A description of the measures adopted or proposed to remedy the incident, including the measures applied to mitigate any possible negative effects.
Where it is not possible to provide all information simultaneously, the Processor shall provide the information initially available and complete the remaining information gradually, without undue delay, as it becomes available.
- Sub-processors
8.1 The Controller generally authorizes the Processor to use 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 that they offer appropriate safeguards under the GDPR.
8.2 The Processor shall 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 on justified grounds within that period.
8.3 The Processor shall contractually impose on the sub-processor the same data protection obligations as those established in this agreement, ensuring that it offers sufficient guarantees of compliance with the GDPR.
8.4 The Processor shall be fully responsible to the Controller for the compliance of the sub-processors and shall hold the Controller harmless from any damage, penalty or claim arising from their actions, subject to the limits established in Clause 13 of this Agreement.
- International data transfers
9.1 The Processor shall not carry out international data transfers outside the European Economic Area (EEA) without the prior written authorization of the Controller, except for those already described in this agreement or in the main contract.
9.2 Authorized international transfers shall be covered by Standard Contractual Clauses (SCCs) approved by the European Commission, or other valid mechanisms in accordance with Articles 44 to 49 of the GDPR.
9.3 The Processor shall carry out an assessment of the destination country and complementary measures, monitor the validity of the safeguards and notify any relevant change.
9.4 The Controller may request information about the countries, recipients and safeguards applied.
- Deletion or return of data
10.1 Once the provision of the Services has been completed or the contract has been terminated, the Processor shall return to the Controller all personal data processed, or securely delete it, as instructed by the Controller.
10.2 Deletion shall include all copies and backup copies, which shall be erased or overwritten within a maximum period of 30 calendar days, except where there is a legal obligation to retain them.
10.3 The Processor shall issue, at the request of the Controller, a certificate of destruction or return, guaranteeing that recovery is impossible.
10.4 If there is a legal obligation to retain the data, the data shall remain blocked and accessible only to competent authorities until the applicable limitation period expires.
- Confidentiality
11.1 The Processor shall maintain absolute secrecy and confidentiality regarding all information and personal data processed, even after the end of the contractual relationship.
11.2 It shall ensure that persons under its authority access the data only when necessary to perform their duties.
11.3 It shall have confidentiality agreements signed by all personnel and shall make such documentation available to the Controller upon request.
- Audits and verifications
The Controller may verify compliance with the obligations established in this agreement through periodic audits, either its own or by independent third parties, upon at least 10 business days’ notice, except in the case of an urgent incident.
- Liability
13.1 The Processor shall be personally liable for the damages caused to the Controller or to third parties as a result of breaches of the obligations established in this agreement or in the applicable regulations.
13.2 If the Processor processes the data for its own purposes or discloses it to third parties without authorization, it shall be considered the Controller for all legal purposes.
13.3 The Processor shall indemnify and hold the Controller harmless against any claim, penalty or damage arising from its breaches or those of its sub-processors, provided that such damage is the direct and immediate consequence of a proven infringement attributable to the Processor.
13.4 In any event, the total aggregate liability of the Processor to the Controller, for any cause arising directly or indirectly from this contract, may 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 shall not apply in cases of fraud, gross negligence or intentional breach of essential data protection obligations.
- Applicable law and jurisdiction
As set forth in the main contract.
- Appendix of technical and organizational measures
- 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.
- Restoration and business continuity procedures.
- System update and patching policy.
- Restriction of physical access to servers and offices.
- Data protection and security training for all personnel.
- Documented incident management procedures.
- Periodic risk assessments and internal audits.
MAILERFIND, S.L. 2026. All rights reserved.