Terms of Service
PLEASE READ THIS TERMS OF SERVICE CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Automizy is a web-based email marketing and marketing automation service. Users can upload, store and manage contact lists, create and send email campaigns, and track the results of those campaigns (“Service”).
This is a contract between you (the Customer) and us (Automizy). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. By using the Service, you are agreeing to these terms.
The Term begins when Customer sign up for Automizy and continues as long as Customer use the Service. Clicking the Sign Up button and entering your name, company name and contact details means that you’ve officially “signed” the Terms. If you sign up for Automizy on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Either party may terminate this agreement for cause: upon 30 days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors.
Automizy may suspend any Customer’s access to the Service for: use of the Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement or use of the Service that results in excessive bounce-backs, SPAM notices or requests for removal from a mailing list by recipients.
Automizy may suspend any Customer’s access to the Service upon 10 days’ notice to Customer of non-payment of any amount past due.
3. Fees and Payments
3.1 Monthly packages
Our fees for monthly packages can be found on our website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment.
3.2 Prepaid packaged
You may buy email credits to use our Service, as we explain on the pricing page of our website, instead of signing up for a monthly package. If you choose a prepaid package, you’ll still be considered a Customer, and other than the monthly payment requirement, all the terms of this agreement will still apply to you. Email credits for prepaid accounts are valid for 12 months.
4. Proprietary Rights Owned by Automizy
Customer shall respect our proprietary rights in the website and the software used to provide Automizy (proprietary rights include patents, trademarks, service marks, and copyrights).
5. Proprietary Rights Owned by Customer
6. Customer Responsibilities
Customer is responsible for everything that happens in his Automizy account, including the email addresses that are added, imported and stored, as well as the content published, distributed or linked to from his email campaigns. Customer agree to take full responsibility for any and all content distributed through his Automizy account, and to abide by all pertinent copyright laws.
7. Customer Data
Automizy agree to hold your account information, lists and data in strict confidence. Automizy do not now, nor will ever, rent, sell or in any way share your email addresses with any third party.
The only time Automizy will ever share any information related to your Automizy account with an outside organization is if the outside organization is processing your payment for the Service and requires certain information necessary for the transaction, the outside organization is the federal government or other agency empowered to require us to divulge your personal or account information.
8. Prohibited Content
Automizy prohibits Customers from sending email messages with content that is of the following nature:
- Any messages that includes spam
- Pornographic messages
- Introduces any computer viruses, worms or software code that is detrimental to Customer’s recipients
- Messages that are in any way illegal such as sales of illegal substances, solicitation of escort services, or sales of any products or services that cannot be legally sold by Customer
- Grossly offensive messages such as messages promoting hatred, bigotry, intolerance of religious beliefs, racism or any other messages that Automizy, at its sole discretion, may deem to be offensive
- Includes images that are not expressly authorized by the owner of such images
- Any messages that are in any way prohibited by applicable law, would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides
9. Warranty Disclaimer
WE AND OUR AGENTS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, RELIABILITY, SUITABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SERVICE FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SERVICE INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SERVICE OR THIS AGREEMENT.
10. Limitations of Liability
EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR INDEMNITY OBLIGATIONS, AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE LESSER OF TWO THOUSAND DOLLARS OR THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
11. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
We may update and change any part or all of this agreement, including the fees and charges associated with the use of the Service. If we update or change this agreement, the updated agreement will be posted on our website and we will let you know. The updated agreement will become effective and binding on the next business day after it is posted. When we change this agreement, the “Last Modified” date will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically.
If you do not agree with a modification to the Terms of Service, you must notify us in writing within 30 days after receiving notice of modification. If you give us this notice, your subscription will continue to be governed by the terms and conditions of the Terms of Service prior to modification for the remainder of your current term. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
This Terms of Service was last Updated on August 20, 2014.