1. This agreement
These Terms are between MB Tafe, registration code 308026391, Laisvės al. 85E-5, Kaunas, Lithuania ("we", "us"), and you or the organisation you represent ("you").
They cover agentherald.dev, the API, the MCP server, the dashboard and everything else we provide under the name Agent Herald. The Acceptable Use Policy and the Privacy Policy are part of them.
By creating an account or sending a request to the API you accept these Terms. If you are accepting on behalf of a company, you confirm you are authorised to bind it.
You must be at least 18 and have the legal capacity to enter a contract.
2. The service
Agent Herald sends and receives transactional email programmatically, on domains you have verified, and exposes the same functionality over an HTTP API and an MCP server so that software agents can use it directly.
We grant you a non-exclusive, non-transferable right to use the service in accordance with these Terms for as long as this agreement is in force.
3. Accounts
Every account has an accountable human or legal person behind it. You are responsible for the accuracy of your account details, for the security of your API keys and credentials, and for everything done with them — including by agents, scripts and people you have given access to.
Tell us at [email protected] as soon as you suspect a key has leaked. We will revoke it.
You may not create accounts to circumvent limits, thresholds or a previous suspension.
4. Acceptable use
Your use of the service is governed by the Acceptable Use Policy. It is not boilerplate — it is the operative document for what you may send, and breaching it is a breach of these Terms.
In short: transactional mail, from domains you control, to people who expect it. No bulk marketing, no purchased lists, no cold outreach.
5. Your data
You own your data. Your messages, your recipients, your domains, your content — none of it becomes ours by passing through us.
You grant us only the licence needed to run the service for you: to transmit, store, process and display your data for the purpose of delivering the service, and to disclose it where the law compels us.
We do not train machine learning models on your message content, and we do not permit our vendors to. Given what this platform is for, and who it is built for, we would rather make that a term than a blog post.
You are responsible for having the right to send what you send, and for your relationship with your recipients.
6. Data protection
Where we process personal data contained in your messages, we do so as a processor acting on your documented instructions, and you act as controller. The Privacy Policy sets out how this works, our security measures, our retention periods and our subprocessors.
Our use of subprocessors is governed by the Subprocessors page, which we update when a vendor is added or removed. If you require a signed data processing agreement, write to [email protected].
7. Your own provider credentials
You may connect your own sending provider credentials rather than sending through our pooled infrastructure. Where you do:
- Your relationship with that provider, and compliance with their terms, is yours
- Delivery, reputation, quotas and provider-side suspension are outside our control, and we are not liable for them
- We store your credentials encrypted, use them only to send the mail you ask us to send, and delete them when you remove them
- This Acceptable Use Policy still applies — using your own credentials does not license sending we would otherwise prohibit
8. Availability
We aim to keep the service running and will give notice of planned maintenance where we reasonably can. We do not currently offer a contractual uptime commitment, and you should not build something safety-critical on top of one that does not exist. If you need an SLA, ask and we will talk about it rather than pretending the default covers you.
Email delivery depends on receiving mail servers we do not control. We cannot guarantee that any particular message arrives, or arrives in an inbox rather than a spam folder.
9. Fees
Fees, if any apply to your plan, are as shown when you sign up or as separately agreed. Where a plan is paid, it renews automatically for successive periods until cancelled, and we will give reasonable notice before changing the price. Fees are exclusive of VAT unless stated. Payments are non-refundable except where the law requires otherwise.
We may suspend the service for non-payment after telling you and giving you a reasonable chance to fix it.
10. Intellectual property
The service, the software behind it, the documentation and the Agent Herald name and marks are ours. These Terms transfer no ownership. You may not copy, reverse engineer, resell or create derivative works from the service except as the law permits notwithstanding this clause.
11. Feedback
If you send us suggestions, we may use them freely and without obligation to you. We will not claim any right in your confidential information because you mentioned it in a bug report.
12. Confidentiality
Each of us may learn confidential information about the other. Each will protect the other's with at least reasonable care, use it only for this agreement, and disclose it only to people who need it and are bound to similar obligations, or where the law compels disclosure.
13. Warranties
We warrant that we will provide the service with reasonable skill and care.
Beyond that, and to the extent the law allows, the service is provided as is and we exclude all other warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation.
Nothing here excludes liability that cannot lawfully be excluded, and if you are a consumer, your statutory rights are unaffected.
14. Liability
Neither of us is liable for indirect or consequential loss, loss of profit, loss of business, or loss of data to the extent it results from your failure to keep your own copies.
Our total aggregate liability arising out of this agreement in any twelve-month period is limited to the greater of the fees you paid us in that period and EUR 100.
These limits do not apply to death or personal injury caused by negligence, to fraud, or to any other liability that cannot lawfully be limited.
15. Indemnity
You will indemnify us against claims, damages and reasonable costs arising from mail you sent through the service, from your breach of the Acceptable Use Policy, or from your infringement of a third party's rights.
16. Suspension and termination
You may close your account at any time. On closure we delete your data in line with the retention periods in the Privacy Policy.
We may suspend or terminate your account where you breach these Terms or the Acceptable Use Policy, where your sending exceeds the published deliverability thresholds, where we are legally required to, or where continuing would put the platform or its other customers at risk.
Where the harm is ongoing — phishing, malware, active abuse — we act first and tell you immediately afterwards. Otherwise we tell you what the problem is and give you a chance to fix it. Clauses 5, 10, 12, 13, 14, 15 and 18 survive termination.
17. Changes
We may change these Terms. Material changes are notified to account holders by email at least 14 days before they take effect, and the effective date at the top is updated. If you do not accept a change, close your account before it takes effect; continued use after that is acceptance.
18. Governing law
This agreement is governed by the laws of the Republic of Lithuania, and disputes are subject to the exclusive jurisdiction of the courts of the Republic of Lithuania. If you are a consumer resident elsewhere in the EU, you keep the protection of the mandatory laws of your own country.
19. General
This agreement, together with the policies it incorporates, is the entire agreement between us. If a provision is found unenforceable, the rest stands. A failure to enforce a right is not a waiver of it. You may not assign this agreement without our consent; we may assign it to a successor to our business on notice to you. Neither of us is liable for failure caused by events genuinely outside our reasonable control.
20. Contact
MB Tafe
Laisvės al. 85E-5, Kaunas, Lithuania
General: [email protected]
Abuse: [email protected]
Privacy: [email protected]
Security: [email protected]