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Terms and conditions

Please carefully read these Terms and Conditions.

By using our Services or signing up for a Mailify account, you’re agreeing to these Terms and Conditions. This is a legal agreement. By checking the "Terms and Conditions" box, or registering for Mailify Services, you agree that you have read, understand, and accept the Terms and Conditions and you agree to be bound by these Terms and Conditions and all terms, policies and guidelines herein incorporated by reference (this "Agreement"). If you do not agree to this Agreement, you should not use the Services in any way.

Mailify General Terms of Use

Mailify Software and Services

Last updated 05.25.2018

1. Scope and Eligibility of End User

These Terms and Conditions set out the legally binding terms of your use of the software and services provided by Sarbacane Software, Inc. a New York Corporation doing business as "Mailify" through the Mailify Software and all of its affiliates (hereinafter referred to as "Mailify" or "Services") to you and/or your company (hereinafter referred to as "End User," "You" or "Your"), and may be modified or amended from time to time by Mailify, such modifications or amendments being immediately effective upon posting of the modified agreement at https://www.mailify.com.

You may receive a copy of this Agreement by e-mailing us at hello@mailify.com and identifying the subject line of the e-mail as "Terms and Conditions."

By using or registering for the services provided by Mailify, you hereby agree that you have read and understand this End User Terms and Conditions of Services and all of their contents (hereinafter referred to as this "Agreement"), and that you will be subject to all of the terms and conditions set forth herein. You also hereby agree to review this Agreement periodically to be aware of any such modifications, additions, deletions or other changes, and your continued access, registration and/or use of the Mailify Services shall be deemed your acceptance of such modified agreement.

To properly access the Services and download the Mailify software, the End User shall previously have a working Internet connection and have previously created an account through the software.

The End User shall remain solely responsible for the information provided during the account registration process.

You understand that your eligibility for use of the Services is contingent upon meeting the following conditions:

  • (a) You are at least 18 years of age;
  • (b) You use the Services according to this Agreement and all applicable laws and regulations;
  • (c) You provide complete and accurate registration information and maintain accurate registration information;
  • (d) You agree and understand that Mailify may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these terms;
  • When using our Services, you will also be subject to any additional posted guidelines or rules applicable to specific services and/or optional features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into this Agreement.

    2. Description of Mailify

    Mailify Services consist of a software that comes along with a hosted routing infrastructure which makes it possible to prepare, send and track emailing campaigns and optional features the user may choose from. The software solution is made available on the Mailify website where it may be downloaded: https://www.mailify.com. Each person wishing to subscribe to any offer provided by Mailify should install the software on their computer and create a free account. This will enable the user to check the software interfaces seamlessly with their device and also fit their needs. The user is made aware that when he creates an account for the first time, the credits are offered and valid for a one-month period once they are made available. A user may create several End User accounts, but the credits will only be implemented to the first account created. The user may upgrade his account at any time by subscribing to Mailify's offers. The services and optional features availability can vary depending on the version the user utilizes.

    3. Email Credit order

    Any End User intending to send emailing campaigns and/or use the campaign preview service shall subscribe to routing credits. Any purchase is final and Mailify shall not have any obligation to reimburse End User, whether partially or entirely, including but not limited to cases when the End User did not use the credits during the period of validity. The Following two offers are made available depending on the version the user utilizes:

    3. Subscription

    3.1 Description

    Monthly and yearly subscriptions are available as outlined in detail on the Site.

    The subscription contract comes into effect on the date the order is validated by Sarbacane Software Inc. for either a month or a year based on the contract period selected by the User.

    3.2 Renewal

    At the end of the initial subscription period, the subscription is automatically renews for successive periods of one month or successive periods of one year, based on the contract period selected by the User when making their order.

    In case the subscription is renewed or another subscription is ordered, any credits not used during the current subscription period may be carried over to the following period as explained below:

  • - for monthly subscriptions, the total amount of credits in the user’s account will not exceed twelve times the number of credits in the subscription
  • - for yearly subscriptions, the total amount of credits in the user’s account will not exceed twice the number of credits in the subscription
  • The User will not use more than one subscription on the same account. Subscribing to a new offer cancels and replaces the prior subscription underway, in the event of which no reimbursement will granted.

    3.3 Termination

    The client may terminate the subscription at any time through the client area. The request for termination should be made official the day before the expiration/renewal date of the subscription at the latest, beyond which date the termination will be applied to the following renewal cycle with no reimbursement to End User, whether partially or entirely.

    When the contract terminates, the Services and remaining credits are definitively lost, and the User can't access the software any more. Unless the customer requests otherwise upon written notification, their campaign data will be saved for a maximum of 6 months.

    No partial or full reimbursement will be granted, even in cases of non-use.

    The User may subscribe to side packs of emails or SMS subject to payment once all their credits have been used or at any time. Side credits remain valid as long as the user is using a subscription with a valid period underway.

    The User can always change offers under the conditions outlined in their online account.

    3.4 Value of an Email Credit, a SMS credit and countdown

    A (1) usable email credit allows you to send an (1) email of less than 195 Kb to a recipient. Beyond this size, an additional credit for each 195 Kb extra is required. The End User is aware that credits are used when the campaign is tested or sent, rather than when it is received

    A (1) usable SMS credit allows you to send one (1) SMS in France with a maximum size of 160 characters. If the number of characters of an SMS is between 161 and 300, then two (2) SMS credits are required. If the number of characters of an SMS is between 301 and 450 characters maximum, then three (3) SMS credits are required.

    According to the article above, the number of credits required to send (1) an SMS with fewer than 161 characters varies depending on the destination. It is the User's responsibility to regularly check the corresponding list of destinations provided on https://www.mailify.com/sms-marketing. Sarbacane Software can modify the list of destinations at any time by adding or removing destinations. Sarbacane Software may also change the price listing of the destinations without notice, the latter depending on the pricing of third-party operators. The User is informed that the calculation of the number of credits needed is done at the time of the sending and not at the reception of the Messages by the recipients. The mailing tests are also subject to a credit count.

    The customer is informed that credits used are deducted upon sending messages and not upon receipt. Credits will also be deducted for test messages.

    4. Services and options

    Other than the mailing Service, Sarbacane Software offers the following Services and Options as per the software version used by the customer:

    4.1. Cloud

    Mailify's optional feature named Mailify Cloud makes it possible to synchronize and save the whole bundle of data from a user account (campaigns, contact lists, blacklists, templates) onto Mailify's infrastructures and use them non-concomitantly on 3 different computers maximum. Beyond that number, the user will have to manually remove one of the computers in the software settings so as to be able to add a new one. Mailify authorizes no more than one removal per year. This optional feature is included at no additional cost and for one user only under the following conditions: campaign data will be synchronized and saved as long as the user is utilizing a valid software license. Data will be stored for a maximum period of 6 months after the last synchronization of data occurred unless the user deletes data or asks for account deletion. The user will be responsible for saving data should they want to, before their campaign data are deleted in the aforementioned conditions.

    It enables the user to share data and user account credits with co-workers and administer their usage rights. subscribing to extra users access within the software or from their online account. Data are available through the Internet and via the Mailify software interface.

    4.2 Personalized domain name

    A personal domain name makes it possible to personalize the mailing address of the emails as well as the links contained in the body of the message. Thus, the User may configure their own domain by following the integration instructions provided by Sarbacane Software, or subscribe directly to the Service allowing the user to rent a customized domain name, subject to availability and acceptance of the accredited registrar and the Registry/Registration Authority and the supervisory authorities.

    At the request of the User, Sarbacane Software will then send the registration request to the accredited registrar.

    The User is informed that the processing times and acceptance of the request (at the latest within 24 working hours) by the registrar are beyond the control of Sarbacane Software and that it can not, as such, be responsible a delay. Sarbacane Software undertakes to reimburse the User for any transaction that cannot be completed if the transaction may be cancelled and reimbursed by the Registry. (Example: If the domain name is no longer available for registration upon receipt of payment).

    This option is concluded for an initial period of one year, starting from the registration date of the domain name in the registrar's databases, and renews itself automatically for successive one-year periods, unless terminated by the User by contact form, at the latest one working day before the end of the current period, including the first. However, at any time, the User may have the complete management of the registered domain name for their account, by requesting their transfer to the following address: sales[at]mailify.com. Sarbacane Software will provide the User with all the necessary information. The transfer will automatically terminate the option. No refund of amounts already paid under the option will be made.

    The lack of use of a domain name does not give right to any refund.

    Domain names associated with specific subscriptions shall be activated by the User during the initial subscription period. They remain valid as long as the User's subscription is valid.

    4.3 Dedicated IP address

    The subletting of a dedicated IP address is concluded for a period of one year, from the order confirmation by Sarbacane Software, and is renewed implicitly for successive periods of one year.

    The User may, under the conditions below, terminate this renewal on each annual due date. The request must reach Sarbacane Software by contact form, no later than one workday before the end of the current period. After this period, the option will be renewed automatically for a new period and the termination will take effect at the end of this new period.

    The exclusive purpose of dedicated IP addresses is to be used as part of the sending of email campaigns with the Software. The dedicated IP addresses included in certain subscription formulas must be activated by the User during the initial subscription period and will remain valid for as long as the User has a valid subscription.

    5. Support

    Online technical resources are available to End Users. End User can contact our support team online.

    Mailify does not guarantee any availability or support from the technical assistance team.

    6. Availability

    Credits shall be made available within 24 hours of an order being confirmed (except for subscriptions to domain names). We may nevertheless delay confirmation of payment and related orders in some instances when fraudulent activity needs to be checked.

    7. Pricing and Payment

    Our prices are available online at https://shop.mailify.com

    Applicable prices are the ones in effect on the day of the order by End User.

    8. Legal, Intellectual Property and Regulatory Compliance

    You hereby represent and warrant that your use of Mailify and the Services will comply with all applicable laws and regulations, including but not limited to laws and regulations specific to data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Mailify. You also hereby agree to indemnify and hold Mailify harmless from any losses, including attorney fees, which directly or indirectly result from your breach of any part of these warranties and/or this Agreement.

    8.1 End-User submitted content and related Obligations

    You, as End User, remain solely responsible for any content, data, text, software, music, sound, video, photographs, graphics, messages, files or other material that is transmitted, posted or otherwise distributed by you through the Services (hereinafter referred to as "End User Content"), including, but not limited to, the contents of your electronic mail communications, the contents of your social media pages, photographs posted by you on the Mailify Site or through our Services. As such, you shall have sole liability for all End User Content posted by you, whether publicly or privately posted and/or transmitted. Mailify shall not be responsible and shall not hold any liability regarding the monitoring of your End User Content provided through the Services, and Mailify does not warrant nor represent the accuracy, quality and/or integrity of the End User Content.

    By utilizing the Services, you also acknowledge that you may be exposed to content or other materials submitted by third parties or other users that may be offensive, indecent or otherwise objectionable, and that Mailify shall hereby be held harmless from any liability resulting or arising out of same. Likewise, Mailify shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Services.

    By accessing, using and/or registering for the Services, you agree to: a) provide true, accurate, complete and current user information as requested by Mailify at any time; b) promptly and regularly update your user information to maintain its accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access that is required to access the Services; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for the Services.

    By providing any user information that is untrue, inaccurate, incomplete and/or not current, Mailify reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services, in whole or in part, by you. On occasion, we may ask you to sign an affidavit verifying the fact that your list is truly permission based and when requested, you agree to provide current, complete and truthful information about yourself and/or your organization. You agree to update any such information when it changes.

    Prohibited Content:

    Mailify completely forbids any content which directly or indirectly: Promotes, displays, sells or provides pornography, pornographic or sexual goods and services or anything related to, illegal goods, drugs, accessories or contraband related to drugs, pirated software, or instructions or education on how to create grenades, bombs, illegal arms or other weapons;

    Markets, displays or offers any material that exploits children or minors (anyone 18 years old and under);

    Offers, promotes, sells or provides either services or content related to commercial email spam, which includes but is not limited to: illegal, Web-based or even direct pharmaceutical sales; this also includes sex or sex-related products, work at home businesses, credit repair, debt relief services, financial management services, trade or stock tips, refinancing and mortgage-related services, party and/or nightclub promotion, psychic services or psychedelic goods, gambling, bet-making or odds-based services, which may include but is not limited to casinos or casino games, racetrack or dog-racing bets, poker, online betting businesses, and both pro and college sporting event betting services;

    Provides, markets or offers any offensive material that expresses prejudice, racism, bigotry, hatred, profanity, or any material that uses lewd, excessively violent, lascivious, dirty, or other questionable and objectionable content; Provides, posts, markets or offers personal information about children or minors (anyone 18 and under) without the permission of their parents or legal guardians; Promotes, posts or offers any type of product or service that is illegal in the geographic area of where the content is created, sent from or received.

    Distributes or unleashes nefarious computer or technology related items that include but are not limited to viruses, harmful code, trojans, key-logging software or other types of spyware. Distributes, promotes, posts or offers services or content that solicit participation in pyramid or ponzi schemes, multi-level or channel (MLM) businesses or services that include but are not limited to work at home jobs, "get rich quick" schemes, services or content that offers ways to "build wealth" or become "financially independent".

    Distributes content that could be considered threatening, defamatory, libelous or harassing. Promotes or solicits material that encourages violence or subterfuge against organizations, governments, groups, individuals or public figures, or sends out or promotes anything that gives instruction or assistance in carrying out aforementioned violence or behavior. Distributes or uses any content not owned by the sender including photos, artwork or content without the express written consent of the owner, or distributes any material that identifies or displays images of people without their express written consent.

    Distributes any "Affiliate" marketing campaign; "Affiliate marketing" shall mean any performance-based marketing in which a business rewards one or more affiliates for each visitor or customer brought by the affiliate's own marketing efforts and shall also mean any campaign which promotes a service or a product not directly sold by the End User and which compensates End User on a success fee basis or with a commission based remuneration.

    8.2. Lists of Contacts: Opt-in and Opt-out

    You warrant that you will only use contact lists if all recipients have agreed to receive your communications. You agree that you will not accept consent through participation in surveys, registrations, or through contact on social media sites, unless you specifically request confirmation to send such correspondences and the recipient has specifically consented. If and when you intend to use the Services for marketing purposes, you also hereby agree that every email sent in connection with Mailify Services shall contain a link allowing recipients to opt-out and unsubscribe from your mailing lists. To implement and ensure compliance with this Agreement, Mailify reserves the right to receive a copy of every email sent through the Services. Mailify also reserves the right to review and/or revise these links to its sole satisfaction, and you warrant that you will not attempt to remove, alter or disable such links.

    You agree to process unsubscribe requests promptly within 5 business days of your receipt, and will update your email addresses and contact lists accordingly through your Mailify account. You warrant that for a recipient to unsubscribe, you will not attempt to charge a fee, require any additional personal identifying information other than an email address, nor add any additional steps beyond replying to an email or visiting a single web page. You agree that your responsibility to process and comply with unsubscribe requests survives the cancellation or termination of this Agreement and/or your Mailify account. You warrant that you will not use the Services to send emails to anyone who has opted out of or protested receiving such messages.

    8.3. Intellectual Property

    Mailify exclusively owns all intellectual property and other rights, title and interest in and to the Mailify Services and all content and materials provided to you through the Services, including, but not limited to, the "Mailify" registered Trademark, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the "Content"). All such Content provided by Mailify through the Services is the sole and exclusive property of Mailify, and any unauthorized use of the Content may violate United States federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.

    If you think any content from our Services infringes on your intellectual property or copyright, you may ask us to remove those contents by contacting us at: hello@mailify.com and giving us the following information: (1) exact identification of the infringing content, (2) your precise contact information and (3) an accurate statement under the penalty of perjury that you are authorized to act on behalf of the copyright holder.

    To protect the rights of copyright holders, we reserve the right to terminate the accounts of infringers immediately and without notice.

    8.4. Limited, nontransferable, nonexclusive and revocable License granted

    Mailify hereby grants you a limited, nontransferable, nonexclusive, revocable license to access and use the Services and send, compose, read, print, save and forward messages containing the Content as described and limited in this Agreement. The period of validity of the aforementioned license is that of the User’s email credits. You hereby agree to access and use the Services for their intended purposes, subject to your compliance with this Agreement, and are hereby prohibited from utilizing the Services for any other purpose or to alter the Content and/or Services in any way, including, but not limited to, removing or deleting any proprietary rights notices.

    This License does not include the right to collect or use information contained on the Site or through the Services for purposes prohibited by Mailify, to compete with Mailify, create derivative works based on any and all Content obtained through the Services, or download or copy any Content obtained through the Services. In addition, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer any content, information, documents, graphics or other materials or Content obtained through your use of the Services, in whole or in part, for commercial or non-commercial purposes. License to use the Services is limited to personal use by the End User; therefore, resale or commercial use of the Services or any other means to seek financial gain from providing the Services to any third party, without the express prior written consent of Mailify, is strictly prohibited. If you use the services in a manner that exceeds the scope of this License or breaches this Agreement, Mailify may revoke the License granted to you.

    8.5. Optional Content Monitoring – No Liability of Mailify

    Despite not having any obligation to do so, Mailify reserves the right to monitor any content that you've provided by using our Services. Mailify also reserves the right to block or delete any email or message, if Mailify, in its sole discretion, has reasonable reasons to believe that it violates this Agreement or any applicable laws or regulations. It is nevertheless hereby understood that in no event whatsoever will our optional monitoring or related actions make Mailify liable or responsible for compliance with applicable obligations or laws, for which you alone, as End User shall be solely liable or responsible.

    8.6. Strict Compliance with the CAN-SPAM Act

    End User hereby acknowledges and agrees that any use of the Mailify Services shall be made in strict compliance with the provisions of the CAN-SPAM Act, as adopted and amended from time to time. The CAN-SPAM Act of 2003, signed into law on December 16, 2003, establishes the United States' national standards for the sending of commercial e-mail and requires the Federal Trade Commission (FTC) to enforce its provisions. All commercial emails or messages, are defined by the CAN-SPAM Act as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service," including email that promotes content on commercial websites. Such commercial messages must comply with all the CAN-SPAM Act requirements, including but not limited to the following main requirements:

  • (1) You shall not use false or misleading header information;
  • (2) Your "From", "To," "Reply-To," and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message;
  • (3) You shall not use deceptive subject lines and your subject line must accurately reflect the content of the message;
  • (4) You shall clearly and conspicuously display that your message is an advertisement (follow the CAN-SPAM Act guidance);
  • (5) You shall tell your recipients where you’re located: Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations; Tell recipients how to opt out of receiving future email from you;
  • (6) Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
  • (7) You shall honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
  • 9. Disclaimer – No Warranties and Limitation of Mailify Liability

    9.1. No warranties.

    TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAILIFY, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAILIFY OR THROUGH THE MAILIFY SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

    9.2. "As is" and "As available" and "With All Faults".

    YOU EXPRESSLY AGREE THAT THE USE OF THE MAILIFY SERVICES IS AT YOUR SOLE RISK. THE MAILIFY SERVICES, USER SUBMISSIONS AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MAILIFY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

    9.3. Platform Operation and Content.

    MAILIFY, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE MAILIFY MATERIALS, USER SUBMISSIONS, SERVICES, OR ANY OTHER INFORMATION OFFERED OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

    9.4. Limitation of Liability and Damages - Indemnification

    9.4.1. Limitation of Liability and Damages

    UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MAILIFY OR ITS AFFILIATES, CONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE MAILIFY SERVICES AND USER SUBMISSIONS ON THE MAILIFY PLATFORM, OR ANY OTHER INTERACTIONS WITH MAILIFY, EVEN IF MAILIFY OR A MAILIFY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MAILIFY' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    IN NO EVENT SHALL MAILIFY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE MAILIFY SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID FOR THE MAILIFY SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION OR CLAIM GIVING RISE TO THE LIABILITY.

    THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MAILIFY AND RECEIVED BY YOU THROUGH THE MAILIFY SERVICES.

    9.4.2. Indemnification and hold harmless

    You agree to indemnify and hold Mailify, its subsidiaries, affiliates, officers, agents, representatives, successors, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Mailify reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Mailify.

    10 - Termination– suspension

    Mailify shall not be liable for any failure to perform or delay in the performance of its obligations under this Agreement due to causes beyond its control, including without limitation, interruptions of power or telecommunications services, failure of its vendors, acts of nature, governmental actions, fires, floods, natural disasters, or labor disputes.

    You agree that Mailify, in its sole discretion and for any or no reason, may terminate any End User account you may have on the Mailify platform or your use of the Mailify Services, and remove and discard all or any part of your account or any End User submission, at any time, with or without notice. You agree that any termination of your access to the Mailify Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Mailify shall not be liable to you or any third-party for any such termination. Mailify does not permit infringing activities, including any violations of the United States Copyright Act, and Mailify reserves the right to terminate access to the Mailify Services, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Mailify may have at law or in equity.

    If you are dissatisfied with the Mailify Services, please let us know by e-mailing at team@mailify.com. Your input is important and valuable to us. Your only other remedy with respect to any dissatisfaction with (a) the Mailify Services, (b) any term of this Agreement, (c) any policy or practice of Mailify in operating the Services, or (d) any content or information transmitted through our Services, is to terminate this Agreement and your account. You may terminate this Agreement at any time by closing your account, discontinuing your use of any and all parts of the Mailify Services, and providing Mailify notice of termination by e-mailing us hello@mailify.com

    11 – Services and Agreement Modifications

    Mailify, in its sole discretion shall have the right to modify and/or discontinue the Services, whether temporarily or permanently, with or without notice to you, and Mailify shall not be liable to you or any third party for any such modification and/or discontinuance of the Services. Mailify further reserves the right to make revisions, modifications, additions, deletions or any such changes to this Agreement at its sole discretion, at any time, with or without notice to its End Users. In the event of a material change, you shall nevertheless have the option to terminate the Services subscription within 30 days of such material modification and change becoming effective. Your continued use of any part of the Services after 30 days following the posting of such changes or modifications will constitute your acceptance of such changes or modifications.

    12 - Severability

    If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

    13 - Waiver

    No failure of either party to pursue any remedy resulting from a breach of this Agreement by the other party shall be construed as a waiver of that breach, nor as a waiver of any subsequent or other breach unless such waiver is signed and in writing.

    14 – Governing Law and Jurisdiction

    The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws principles. Any legal action, suit, or proceeding arising from or relating to this Agreement shall be brought and maintained in the appropriate court located in and with jurisdiction over New York County, New York and the parties hereby submit to the jurisdiction thereof.

    15 – Confidentiality of messages and Privacy of End User Personal Information

    Mailify understands that privacy is important. By using the Services, you expressly consent to the information handling practices described in our Privacy Policy (https://www.mailify.com/legal-notices), which is incorporated into and is subject to this Agreement.

    Mailify agrees not to edit or disclose any contents of any messages sent by an End User to any third party recipient without End User's prior permission, unless (i) as required by law; (ii) in compliance with legal authorities or proceeding; (iii) to enforce this Agreement; and/or (iv) to protect the rights and/or property of Mailify, its licensors or any other third party. You nevertheless acknowledge and agree that technical processing of the messages may be required in order to send and receive such message, to conform to the technical requirements of connecting networks, to conform to the limitations of the Services and their equipment, to conform to other similar technical requirements.

    Mailify may provide your personal information to companies that provide services to help us with better providing our Services and activities to End User, such as offering customer service. These companies are authorized to use your personal information only as strictly necessary to provide these services to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. We may share personal information with third parties (including regulatory or law enforcement authorities) if deemed necessary for legal or investigative matters. We may use your contact information for delivery of announcements and specific marketing offers and messages in relation to our Services, from which a user may opt-out at any time.

    Mailify Services are provided in the United States of America and are governed by the privacy laws of that jurisdiction. These laws may be different than other locations worldwide for international users of Mailify and our Services. For any inquiries in relation to this Agreement, please email us at: hello@mailify.com

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