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Terms Of Service

• These terms

  • Please read these Terms carefully. By using BetterMail Services or signing up for an account, you're agreeing to these Terms. This is a legal agreement.
  • Additional terms may apply to any particular service. We will notify you of any such terms. If there is any inconsistency between these terms and additional terms applicable to you the additional terms will take precedence.
  • Your use of our Services is also subject to and any policies and procedures published by us from time to time at www.bettermail.com.
  • These Terms and Conditions ("Terms" including our Privacy Policy) define the terms and conditions under which you're allowed to use BetterMail and how we'll treat your account while you're a customer. If you have any questions about our terms, feel free to contact us.

• Eligibility

  • In order to use BetterMail, you must:
    • Be at least eighteen (18) years old and able to enter into contracts;
    • Complete the registration process;
    • Agree to the Terms; and provide true, complete, and up to date contact information.
  • By using BetterMail, you represent and warrant that you meet all the requirements listed above, and that you won't use BetterMail in a way that violates any laws or regulations. BetterMail may refuse service, close accounts of any users, and change eligibility requirements at any time.

• Term

  • The Term begins when you sign up for BetterMail and continues as long as you use the Service. Clicking the "create my account button" and entering your username means that you've officially signed this Terms of Service Agreement.
  • If you sign up for BetterMail on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf. We are not obliged to provide Services unless we accept your application. We can decide whether or not to accept any application.

• Cancellation of your account

  • You or BetterMail may terminate this Agreement at any time and for any reason by giving Notice to the other party in the event there is no other existing contact agreement in place.
  • We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We won't refund or reimburse you if there's cause, like a violation of these Terms or our Acceptable Use Policy.
  • In the event this Agreement is terminated by either party, we may permanently delete your account and all the data associated with it, including your emails.
  • If you don't log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

• Terms of Service Changes

  • In the event we change any of the Terms we will give notice of at least 10 working days by sending an email to the last email address you gave us.
  • We may change the Website, the Service, or any features of the Service at any time by giving 10 working days' notice via email to the last email address you gave us.

• 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, whether or not you authorized the use.
  • You'll immediately notify us of any unauthorized use of your accounts.
  • We're not responsible for any losses due to stolen, hacked passwords or negligent use. We don't have access to your current password, and for security reasons, we may only reset your password.

• Account Disputes

  • We don't know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account.
  • You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party.
  • We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.

• Charges

  • Our charges are on the BetterMail site unless you are on a custom plan that was negotiated. In this case, contact us to confirm your current rates.
  • All email sending is pre-pay unless negotiated via a written agreement between both parties or on a plan that provides free Email Credits.
  • We may change the pricing we charge for any of our Services at any time by giving 10 working days' notice via email to the last email address you gave us.

• Credit Cards

  • Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected.
  • If, for some reason, we're unable to process your credit card order, we'll try to contact you by email. This may also result in the suspension your account until your payment can be processed.

• Refunds

  • We'll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy.
  • You won't be entitled to a refund from us under any other circumstances unless in a written agreement with BetterMail.
  • Any Email Credits that are purchased are not refundable or transferable.

• Privacy Policy

  • We may use and disclose your information according to our Privacy Policy. This policy is treated as part of these Terms.

• Right to Review Email Campaigns

  • We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

• General Rules

  • You promise to follow these rules:
    • You won't send Spam! By "spam," we mean the definition on the Spamhaus website.
    • You won't use purchased, rented, or third-party lists of email addresses.
    • You won't violate our Acceptable Use Policy, which is part of this Agreement.
  • If you use our API, you'll comply with our API Policy. If you violate any of these rules, then we may suspend or terminate your account.

• Acceptable Use Policy

  • Acceptable use of BetterMail does not cover:
    • Distribution of illegal, inappropriate or otherwise offensive material; or
    • Bulk uploading of any form of data such that it affects other users of BetterMail; or
    • Reselling of Services without express consent from BetterMail.

• API Policy

  • To the maximum extent permitted by law, We provide the APIs as-is. That means we don't provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.
  • You will only access the APIs using an API key.
  • You will not take actions that violate our Acceptable Use Policy
  • You won't attempt to hack or change the way the Services function.
  • You represent and warrant that your Integration won't violate any law or regulations in any way.
  • We may update or modify the APIs from time to time. These changes may affect your use of the APIs or the way your application interacts with the API. If we make a change that is not acceptable to you, you should stop using the APIs. Continued use of the APIs indicates that you accept the change.
  • This policy is part of our Terms of Use. This policy doesn't create or imply any partnership, agency, or joint venture.

• Bandwidth Abuse / Throttling

  • You may only use our bandwidth for your BetterMail emails.
  • We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other (like a website) than your email campaigns.
  • We may throttle your sending or connection through our API at our discretion.

• System Availability

  • BetterMail will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance.
  • BetterMail takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable.
  • We assume no responsibility for the corruption of any data or information held by BetterMail.

• No Waiver

  • If we do not exercise or enforce any right available to us under these Terms of Service, it does not constitute a waiver of those rights.

• Force Majeure

  • BetterMail has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of BetterMail to comply with these Terms of Service where the same arises from any cause reasonably beyond the control of BetterMail.

• Compliance with Laws

  • You must adhere to all applicable electronic messaging acts within your country. Failure to do so, or BetterMail being informed of a breach, will result in immediate suspension of your account.

• Liability

  • You agree that, to the maximum extent permitted by law, any and all liability and responsibility of BetterMail to you or any other person under or in connection with these Terms of Service, or in connection with the Services, this Website, another user's acts or omissions, or your use of or inability to use, the Services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
  • BetterMail's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

• No Warranties

  • To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

• Intellectual Property Rights

  • BetterMail (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
  • You may not without our prior written permission, in any form or by any means:
    • Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
    • Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.

• Indemnity

  • You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision.
  • You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

• Attorney Fees

  • If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

• Liquidated Damages

  • In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages.
  • If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $1000 NZD.
  • If you host images for anything other than your Emails, or use our resources in any way that's not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than $800 NZD.
  • If you don't pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $600 NZD plus the amount owed.

• Equitable Relief

  • If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

• Subpoena Fees

  • If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

• Disclaimers

  • We and our Team aren't responsible for the behaviour of any advertisers, linked websites, or other Members.

• Interpretation

  • "You" means the client or customer under this Agreement and "your" has corresponding meaning.
  • "We", "Us" or "BetterMail" means BetterMail Limited and "our" has a corresponding meaning.
  • "Team" relates to our staff and/or our agents.
  • "Website" relates to the user interface and all assets contained on www.bettermail.com.
  • "Agreement" relates to this Terms of Services.
  • "Services" mean the Email Service Provider services made available by us and/or our agents. This includes the use of our Website.
  • "Email Credits" are credits for the use of sending emails via BetterMail.