Terms and condition

Introduction

Please read this agreement carefully before using any of the services available at www.mailercloud.com, If you do not accept the terms of this agreement, do not use the services.

This agreement sets out the legally binding terms of your use of the services provided by Mailercloud (hereinafter referred to as "Mailercloud", “us”, “we”, “our”) to you (hereinafter referred to as "End User," "You" or "Your"), and maybe modified by Mailercloud from time to time, such modifications to be effective upon posting of the modified agreement.

By accessing, using and/or registering for the services provided by Mailercloud, you agree that you have read and understood this Terms of Use and all of its contents (hereinafter referred to as this "Terms"), intend this Terms to be the legal equivalent of a signed, written contract and equally binding, and that you will be subject to all of the terms and conditions set forth herein. You agree to review the Terms periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access, registration and/or use of the Services shall be deemed your acceptance of the modified agreement.

Terms of reference

We’ll start with the basics, including a few definitions that should help you understand these Terms. Mailercloud offers email marketing and automated software as a service (the “Services”) is offered through our website

As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”). A “Subscriber” is any person that you, a Member, may contact through our Service.

These Terms, including our Privacy Notice, Security Notice, Anti Spam Policy, Data Processing Addendum, and Cookie Policy (collectively, the “Agreement”) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement.

If you have any questions about our Terms, feel free to contact us at [email protected]

Eligibility

In order to use the Service, you must:

1. be at least thirteen (13) years old and able to enter into contracts;
2. complete the account registration process;
3. agree to these Terms and the other terms and conditions linked in these Terms that form part of the Agreement;
4. provide true, complete, and up-to-date contact and billing information;

By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.

Term

When you sign up for an account and agree to these Terms, the Agreement between you and Mailercloud is formed, and the Terms will be applicable to you. The Term will continue for as long as you have a Mailercloud account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

Closing your account

You or Mailercloud may terminate the Agreement at any time and for any reason. You may do so by terminating your Mailclouud account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation.

Changes

We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable, and apply to any continued or new use of the Service.

Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Mailercloud is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.

Payments

Privacy

Your privacy is important to us. Please read our Privacy Notice and Cookie Policy for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you when you use and interact with the Service.

For the purposes of privacy and data protection laws, for much of the personal information we process when providing the Service, we act as your processor or service provider in accordance with our Data Processing Addendum. However, there are certain instances, as more fully described in our Privacy Notice, where we process personal information, including Content and other data from Member accounts, as a controller to provide and develop the Service and for other important business purposes (e.g., for billing, administrative, security, and product improvement purposes).

Appropriate email practices

All email lists contained and sent to using Service must be permission-based subscriptions. It is not permissible to use a list that has been purchased, rented or from a third party.

Mailercloud reserves the right to terminate any account that it finds in violation of its Terms by receiving abuse complaints higher than allowed, without refund.

Consent

Emails are to be sent only to recipients who have given their consent to receive these emails according to applicable laws and regulations (e. g. General Data Protection Regulations (Regulation (EU) 2016/679) or any other applicable data protection laws).

Consent to receiving advertisements through email has to be given separately. The recipient must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions).

The recipients must give their consent actively through a conscious act. Pre-clicked/pre-marked boxes may not be used.

The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of obtaining consent. This must also contain information as to how consent may be revoked and with whom. The option to revoke consent may not be more complicated than obtaining the consent. Revoked consent must be implemented after five (5) working days at the latest.

Email Format

The contracting entity, that sends out emails must be clearly recognizable. Every sent email shall contain the details of the sender and this information shall include:

Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, as well the appropriate registration number.

Contact information, at least a valid telephone number or an electronic contact form, as well as the email address.

In the event that the email contains any promotional material, newsletter, etc, it must contain an unsubscribe link with an option to withdraw permission to send such emails in the future. In all cases, unsubscribe links must be clear and visible for all your subscribers. Cancellation must be possible for the subscriber, without having to know access data (such as their login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly.

Rules and abuse

General Rules

By agreeing to these Terms, you promise to follow these rules:

1. You won’t send spam!
2. You won’t use purchased, rented, or third-party lists of email addresses.
3. You’ll comply with our Terms.

Mailercloud doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send an email, containing either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
• Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, at our sole discretion, that you are either:

• an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
• a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
• a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

Mailercloud also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate, or misleading in a way that could deceive or confuse others about important events, topics, or circumstances.

If you violate any of these rules, then we may issue a warning to, suspend, or terminate your account.

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Mailercloud Member, please report it to [email protected]. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via [email protected]

Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Mailercloud Website; (ii) we and our Team won’t be liable for any indirect, punitive, special, or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and (iii) in any calendar month, the total liability of Mailercloud and our third-party providers, licensors, distributors, or suppliers to you arising out of or relating to the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability, or non-infringement or any warranties with respect to the accuracy, reliability, or availability of any content or information made available in or through the Service, which is, to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses in connection with any claims you make that, aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines, and costs, including legal fees and expenses, in connection with any claims arising out of or relating to (i) your content, (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you’ve made to us.

Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

Assignment

You may not assign any of your rights under the Agreement to anyone else. We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.

Severability

You may not assign any of your rights under the Agreement to anyone else. We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.

Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Mailercloud for such incident.

Notice

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Mailercloud website. Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile, or any other profile or seat associated with the account. Any notice to us will be effective when delivered to us along with a copy to [email protected]

Entire Agreement

The Agreement, including these Terms, make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.