← Mail Falcon

Terms of Service

Last updated September 27, 2026

These Terms of Service (“Terms”) govern your access to and use of Mail Falcon, an email open- and click-tracking Chrome extension, web dashboard, and API for Gmail. Mail Falcon is owned and operated by Kinetic Helix LLC, a Florida limited liability company (“Company,” “we,” “us”), which is the provider and merchant of record for Mail Falcon subscriptions. By creating an account, installing the extension, or using Mail Falcon, you agree to these Terms.

1. Accounts & eligibility

You must be at least 18 years of age and legally capable of forming a binding contract. You are responsible for maintaining the security of your account and credentials and for all activities conducted under your account.

2. Subscriptions & recurring billing

Mail Falcon offers free and paid subscription plans billed on a recurring monthly or annual basis through our payment processor, Stripe. Paid subscriptions renew automatically at the then-current price until you cancel, and you authorize us to charge your payment method on file for each renewal. Prices are exclusive of applicable taxes.

3. Cancellation & refunds

You can cancel your subscription at any time from your account settings; your plan remains active through the end of the billing period you have paid for and will not renew. See our Refund & Cancellation Policy for complete terms.

4. Commercial email marketing warranties & anti-spam compliance

Mail Falcon is designed strictly for legitimate business, transactional, and permitted marketing communications. By using Mail Falcon, you expressly represent, warrant, and covenant that:

  • Anti-Spam Compliance: All emails you send using or tracked by Mail Falcon comply strictly with the US CAN-SPAM Act (15 U.S.C. § 7701 et seq.), Canada's Anti-Spam Legislation (CASL), the European Union General Data Protection Regulation (GDPR), the UK Data Protection Act, and all applicable international anti-spam laws.
  • Consent & Authorization: You have obtained all legally required consents, permissions, or opt-ins from every recipient prior to sending emails and prior to embedding tracking pixels or tracking links.
  • No Scraped or Harvested Lists: You will not use Mail Falcon in connection with purchased, rented, scraped, or harvested email lists, or lists obtained through automated directory harvesting.
  • Truthful Headers & Unsubscribe: Every commercial marketing email must clearly identify the sender, include a valid physical postal address, contain non-deceptive subject lines, and include a functioning opt-out or unsubscribe mechanism.
  • Complete Indemnification: You agree to defend, indemnify, and hold harmless Kinetic Helix LLC, its owners, and its affiliates from and against any fines, regulatory penalties, damages, carrier blocklisting costs, or legal fees resulting from your violation of anti-spam laws.

5. Acceptable use & email tracking ethics

You agree to use Mail Falcon ethically and lawfully. You shall not use Mail Falcon to stalk, harass, defame, or deceive individuals; infringe third-party intellectual property or privacy rights; transmit malware or phishing payloads; or attempt to reverse-engineer, decompile, or disrupt our backend infrastructure or APIs.

6. Third-party integrations & Gmail

Mail Falcon integrates with Google Workspace and Gmail APIs. Your use of Google services is governed by Google's Terms of Service and Privacy Policy. We are not responsible for modifications, restrictions, or deprecations imposed by Google on their extension ecosystem.

7. Founder & member shield — no personal recourse

YOU EXPRESSLY AGREE THAT YOUR SOLE AND EXCLUSIVE RECOURSE AND REMEDY FOR ANY CLAIM, CONTROVERSY, INJURY, BREACH, OR LIABILITY ARISING OUT OF OR RELATING TO MAIL FALCON, THESE TERMS, OR KINETIC HELIX LLC IS STRICTLY AGAINST KINETIC HELIX LLC, A FLORIDA LIMITED LIABILITY COMPANY. YOU UNCONDITIONALLY AND FOREVER WAIVE, RELEASE, AND FORFEIT ANY RIGHT TO COMMENCE LAWSUITS, ASSERT CLAIMS, OR SEEK PERSONAL MONETARY OR EQUITABLE LIABILITY AGAINST DEREK GALLARDO OR ANY INDIVIDUAL FOUNDER, MEMBER, MANAGER, OFFICER, EMPLOYEE, CONTRACTOR, OR AGENT OF KINETIC HELIX LLC.

8. Disclaimers of warranties & damage cap

MAIL FALCON IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINETIC HELIX LLC OR ITS FOUNDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, DELIVERABILITY, OR BUSINESS REPUTATION. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

9. Dispute resolution, mandatory individual arbitration & class action waiver

Any dispute or claim arising out of or relating to these Terms or Mail Falcon shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. YOU AND KINETIC HELIX LLC WAIVE ANY RIGHT TO A JURY TRIAL.

CLASS ACTION WAIVER: YOU AND KINETIC HELIX LLC AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

30-Day Opt-Out: You may opt out of this arbitration agreement within thirty (30) days of first registering by emailing legal@kinetichelix.io with your full name and account email.

10. One-year limitation on claims & fee shifting

Any claim or cause of action arising out of or related to Mail Falcon or these Terms must be filed within one (1) year after such claim arose, or be forever barred. In any proceeding where Kinetic Helix LLC is the prevailing party, it shall be entitled to recover its reasonable costs and attorneys' fees.

11. Governing law & Florida venue

These Terms are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to conflict-of-law principles. Any non-arbitrable judicial suit shall be brought exclusively in the state or federal courts located in Broward County or Miami-Dade County, Florida.

12. Changes & contact

We may update these Terms periodically. Questions or formal legal notices? Email Kinetic Helix LLC Legal Department at legal@kinetichelix.io or general customer support at hello@mailfalcon.app.