Revised and last updated 17th September, 2022
We’ll start with the basics, including a few definitions that should help you understand these Terms. MailDrip offers an online marketing platform (the “App”) that allows you to manage your contacts, to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”). 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 “Contact” is any person that you, a Member, may contact through our Service. In other words, a Contact is anyone on a Member’s distribution list about whom a Member has given us information or is anyone who has otherwise interacted with a Member via the Service. For example, if you are a Member, a subscriber to your email marketing campaigns or a shopper to your Website or Landing Page would be considered a Contact.
If you have any questions about our Terms, feel free to contact us at hello@MailDrip.io
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.
MailDrip may refuse service, close accounts of any Members, and change eligibility requirements at any time.
When you sign up for an account and agree to these Terms, the Agreement between you and MailDrip is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a MailDrip 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.
You or MailDrip may terminate the Agreement at any time and for any reason. You may do so by terminating your MailDrip 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. If your account is inactive for 24 or more months, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Pay as You Go Credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.
Review payment plan and term with the team
3.1 Free Marketing Plans: All Members, including those who sign up for a paid Plan, have access to basic marketing functionality under the free marketing plan (“Free Marketing Plan”). If you use the Service under the Free Marketing Plan and you want to go over the Free Marketing Plan limits, you’ll be required to select and pay for a Paid Marketing Plan. If you exceed your Free Marketing Plan limits, or otherwise upgrade your account to a paid Paid Marketing Plan, you’ll only be provided one complimentary downgrade to the Free Marketing Plan (provided your sending volume, audience numbers, and other feature usage drops down to the Free Marketing Plan usage limits in effect at the time of downgrade). If you go over the limits of the Free Marketing Plan more than once, you’ll no longer qualify for the Free Marketing Plan, even if your future sending volume and audience numbers are within the limits of the Free Marketing Plan.
3.2 Pay as You Go Credits : You may also buy email credits to use the Service (“Pay as You Go Credits”), as explained on our MailDrip Site. You will have an opportunity to review current rates for Pay as You Go Credits in your account prior to purchase. If you choose to buy Pay as You Go Credits, you’ll have access to the features of the Service included in the Essentials Marketing package, as described on the Pricing page and other than the monthly payment requirement, all of these Terms will still apply to you. Pay as You Go Credits have no cash value, cannot be refunded or redeemed for cash, and represent a limited license to use the Service for the specified volume and type of service.
3.3 : Refunds You won’t be entitled to a refund or credit from us under any circumstance. However, we may, at our sole discretion, offer a refund, discount or credit.
3.4 Billing Changes and Taxes We may change any of our fees, including our charges for Monthly Plans and Pay as You Go Credits, at any time by posting a new pricing structure to our MailDrip Site or in your account and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.
“Tax” or “Taxes” means all applicable taxes, including but not limited to indirect taxes such as goods and services tax (“GST”), value added tax (“VAT”), sales tax, fees, duties, levies, or other similar taxes. Unless otherwise stated, any consideration, amount payable, prices, fees, payment terms and/or any other amounts are exclusive of Taxes. In the event that any amount payable by you to MailDrip is subject to Taxes, MailDrip shall collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which MailDrip is entitled. You will reimburse and indemnify MailDrip for any Taxes, interest, and penalties that MailDrip may be compelled to pay on account of your non-payment. You must pay any applicable Taxes.
Feedback and Proprietary Rights: We own all proprietary rights in the Service and MailDrip Site, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service and MailDrip Site, and you may only use our brand assets according to our Brand Guidelines.
You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to MailDrip in the course of using the Service or which MailDrip otherwise retrieves or accesses at your direction or with your permission (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.
You may provide or we may ask you to provide suggestions, comments, input or other feedback (“Feedback”) regarding the Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback and that we may use any Feedback you provide to improve the Service or to develop new features and services.
4.3 Right to Review Content, Campaigns and Sites
4.4 No Responsibility for Backups MailDrip will not be responsible for any backup, recovery or other steps required to ensure that Customer Data is recoverable in the case of data loss. You are solely responsible for backing up your Customer Data on a regular basis and taking appropriate steps to safeguard and ensure the integrity of your Customer Data.
4.5 Rights to Customer DataYou own all rights, titles and interests (including all Intellectual Property Rights) in and to Customer Data.
By agreeing to these Terms, you promise to follow these rules:
MailDrip 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 a Campaign, create or manage a Site, or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
MailDrip 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.
4.6 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 MailDrip customer, please report it to us through hello@MailDrip.io. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us via email at hello@MailDrip.io.
If you collect any personal information pertaining to a minor and store such information within your MailDrip account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
You agree, represent, and warrant to MailDrip that:
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 MailDrip Site; (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 MailDrip 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.
2. NO WARRANTY MailDrip is provided on an “as is” and “as available” basis. Use of MailDrip is at your own risk. To the maximum extent permitted by applicable law, MailDrip is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from MailDrip or through MailDrip will create any warranty not expressly stated herein. Without limiting the foregoing, MailDrip, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that MailDrip will meet your requirements; that MailDrip will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that MailDrip is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of MailDrip is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of MailDrip.Further, MailDrip does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through MailDrip or any hyperlinked website or service, and MailDrip will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
We and our Team aren’t responsible for the behaviour of any third parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
Even if the Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
7.5 No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
7.6 Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
From time to time, (i) we may invite you to try products or features related to our Service that are not generally available to all of our Members or the public or (ii) we may release products or features related to our Service that are identified in the App as beta, preview, pilot, limited release, or by a similar designation (collectively, “Beta Services”). Beta Services may be provided for evaluation or testing purposes only, and, therefore, may contain bugs or errors, and may not be as reliable as other features of the Service. The Beta Services are provided as-is. Your use of such features may include additional rules or restrictions that we may place on their use. We may discontinue Beta Services at any time at our sole discretion, and we may decide not to make Beta Services generally available. For the avoidance of doubt, Beta Services are a part of the Service, and, therefore, are subject to the terms of the Agreement.
The Agreement, including these Terms and any Additional Terms you’ve agreed to by enabling any Add-ons, make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate or use the corresponding Add-on or feature of the Service.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control the extent of the conflict.
Updated and effective as of 17th, September 2022.
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