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Terms of Service

Conditions of use of the service.

Rules governing the relationship between JAAK and Mailack customers: the service, its two classes of email, the evidence with evidentiary value, and each party's obligations.

Last updated: August 11, 2026

01

1. Purpose and Acceptance

These terms govern access to and use of Mailack (mailack.com), a certified email service with NOM-151 preservation evidence, operated by JAAK ('The Provider') from infrastructure located in Mexico. By creating an account, generating API credentials, or sending messages through the platform, the customer fully accepts these terms. Anyone acting on behalf of a legal entity represents that they have sufficient authority to bind it.

2. The Service and the Classes of Email

Mailack sends email from its own infrastructure in Mexico and preserves technical evidence for every message. The service offers two classes of email:

  • Certified email: the message is canonicalized, its cryptographic fingerprint (hash) is computed, and it is added as a leaf to a Merkle tree whose root is sealed with a NOM-151 preservation certificate issued by an accredited Certification Service Provider (PSC). The customer can export a proof bundle that is verifiable offline, without depending on the Provider.
  • Ordinary email: transactional delivery with a technical record of the transmission (SMTP transcript, DSN receipts), but without a sealed NOM-151 certificate and therefore without the evidentiary-value evidence that characterizes certified email.

3. Scope of the Certificate

The NOM-151 certificate attests to the existence and integrity of the message content as of a given date, together with the technical transmission events archived as evidence. It does not attest that the recipient read the message, nor does it replace notices that the law reserves to specific means. The weight given to the evidence in any proceeding is determined by the authority hearing the matter.

4. Accounts, Credentials, and API Keys

The customer is responsible for the accuracy of their account information, the confidentiality of their credentials, and all activity performed with their API keys. Any message sent with the customer's valid credentials is deemed sent by the customer. Upon any compromise or suspected compromise of a credential, the customer must rotate it immediately and notify the Provider at hola@mailack.com. The Provider may revoke compromised credentials to protect the platform.

5. Acceptable Use

Mailack is built for transactional and certified email to legitimate recipients. Using the service for any of the following is prohibited:

  • Sending unsolicited email (spam) or mailing lists of recipients who have not consented to receive the customer's communications.
  • Impersonating third parties or falsifying senders, headers, or content.
  • Distributing malware, phishing, or content that is unlawful under applicable law.
  • Interfering with the operation of the platform or degrading the shared sending reputation.

6. Sending Domains and DNS Verification

The customer may only send from domains they own or are expressly authorized to use. Each sending domain must complete verification through DNS records (SPF, DKIM, DMARC, and the verification record indicated by the platform) and keep those records current. The Provider may pause sending from domains whose verification fails or whose authorization cannot be confirmed.

7. Availability

The Provider operates the service with commercially reasonable efforts and gives notice of scheduled maintenance. Unless a service level agreement (SLA) has been agreed in writing in an enterprise contract, uninterrupted availability is not guaranteed. Verification of certificates already issued does not depend on platform availability: the proof bundle is verifiable offline.

8. Pricing, Quotas, and Billing

Prices are denominated and billed in Mexican pesos (MXN), plus applicable taxes. Each plan includes monthly sending quotas; overages are billed at the current rate of the contracted plan. The Provider issues the corresponding Mexican tax invoice (CFDI). Non-payment entitles the Provider to suspend the service under clause 12.

9. Evidence Retention and Account Termination

The evidence for each certified message (canonicalized message, cryptographic fingerprint, Merkle inclusion proof, and NOM-151 certificate) is preserved for the duration of the contract in accordance with NOM-151-SCFI-2016. Upon termination of the relationship, for any reason:

  • The customer may export the proof bundles for their messages during the ninety (90) calendar days following the effective termination date.
  • Certificates already issued do not lose validity upon termination: the exported proof bundle is verifiable offline, with publicly available verification tools, without requiring any service from the Provider.
  • After the export period, the Provider may delete message content, retaining only the information whose preservation is required by NOM-151 or applicable law.

10. Intellectual Property

The platform, its software, documentation, trademarks, and distinctive signs are the property of JAAK or its licensors. The customer retains full ownership of the content of their messages and grants the Provider a limited, non-exclusive license to process them for the sole purpose of providing the service: transmitting them, archiving them, and generating the associated evidence.

11. Limitation of Liability

The Provider's total liability for direct damages arising from the service is limited to the amount actually paid by the customer in the twelve (12) months preceding the event giving rise to it. The Provider is not liable for indirect damages, lost profits, or data loss beyond its control, nor for the weight that authorities or third parties give to the evidence in any proceeding. Nothing herein limits liability that cannot be limited under applicable law.

12. Suspension and Termination

The Provider may immediately suspend sending upon breaches of acceptable use, security risks, or non-payment, notifying the customer of the cause. Either party may terminate the relationship with thirty (30) calendar days' notice. Upon termination, clause 9 applies to the evidence and its export.

13. Changes to These Terms

The Provider may update these terms by publishing the new version on this page with its update date. Substantial changes will be notified to the account's contact email at least fifteen (15) calendar days in advance. Continued use of the service after the changes take effect constitutes acceptance.

14. Governing Law and Jurisdiction

These terms are governed by the laws of the United Mexican States, including the Commercial Code provisions on the preservation of data messages and NOM-151-SCFI-2016. For any dispute, the parties submit to the jurisdiction of the competent courts of Monterrey, Nuevo León, Mexico, waiving any other forum to which they may be entitled.

Questions about these terms

Legal Contact

For questions about these terms of service or your contract:

hola@mailack.com