These Terms of Service form a contract between you and Emailgistics (“Emailgistics,” “we,” “our,” and “us”). By using Emailgistics’ services, on the web, within Office 365 or through any other app or platform that gives access to Emailgistics, you (you as an individual and/or the entity you represent) agree to be bound by the following Terms of Use.

Account Terms
You must be a human. Accounts registered by bots or other automated methods and devices are not permitted.

To register for Emailgistics, you must provide a valid permanent email address, along with any other information required by Emailgistics during the registration process. Emailgistics may communicate with you by email, phone, text message or other notification medium to pass on information or requests concerning your account, payment, system and feature changes, and other relevant communications.

You are responsible for maintaining the security of your Emailgistics account and password. Do not share your billing or account administrator login details. Emailgistics is not liable for any loss or damage resulting for failure to comply with account security obligations.

Personally identifying information submitted by you in the course of registration or administration of your account will be held and managed in accordance with Emailgistics’ privacy policy.

You may not use Emailgistics for any illegal or unauthorized purposes. You must not, in the course of using Emailgistics, violate any laws or regulations in your jurisdiction, including but not limited to copyright laws and laws relating to the distribution of harmful or illegal material.

You are responsible for all content sent by or to your Emailgistics account.

Emailgistics reserves the right to refuse or terminate service in the event of persistent or consistent breaches of these Terms of Service.

Payment

Free Trial
Emailgistics offers a 14-day free trial period for its Service. This 14-day period begins when sufficient registration and configuration information has been supplied to commence mailflow to our service. We do not require a credit card to be held on file to establish a free trial; nor is there any obligation on either your or our part to convert that free trial to a paid subscription at the end of the 14 day period.

Subscription Charges
Except during your free trial period, all subscription charges are payable in full in advance. Subscription charges are based on the service level you choose (at initial registration or subsequently by changing your service level), and will renew automatically at the end of the term of service unless either party cancels the service.

A valid credit card is required for paid subscription service.

Monthly payments are nonrefundable. Discounts are offered for committing to longer billing periods. No refunds will be given for partially used months, nor for past months in an open account even if the service was not used.

Modification and termination of services
Emailgistics reserves the right to modify, suspend or discontinue the Service at any time for any reason, with or without notice.
We reserve the right to change monthly or annual fees at 30 days’ notice to currently subscribed customers. Further, we reserve the right to alter the tiered service structure, such that features are added, removed, or moved from one tier to another, at 30 days’ notice to current customers. Any new features that enhance the existing Service shall be subject to these Terms of Service. Such changes will be communicated to current customers by email, and will be publicized in the Pricing and Options section of the Emailgistics web site.

We reserve the right to update and amend these Terms of Service from time to time without notice.

Copyright and Ownership
Emailgistics and its partners own the intellectual property rights to any and all protectable parts of the Service, including but not limited to its name, logo, and elements of the user, system administrator and billing administrator interfaces. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service owned by Emailgistics, its partners or suppliers.

Emailgistics claims no intellectual property rights over any of the content that you or your correspondents submit through the Emailgistics service. Except insofar as is necessary for us to provide the Service to you, these Terms of Service grant Emailgistics no rights or licenses over your content.

Emailgistics collects data on your use of the Service in order to populate reports and dashboards for your mailboxes, and occasionally to provide technical support to your organization connected with the use of the Service. In some cases, it may be necessary for Emailgistics employees or agents to access your account and the content therein in order to diagnose a problem. By contacting our support team, you acknowledge this and provide consent for our employees or agents to access your account to the extent necessary to provide that support.

General Conditions
The Emaigistics service is provided on an as-is basis. Emailgistics makes no representation or warranty as to merchantability, fitness for purpose, or non-infringement. You assume all responsibility and risk for you use of the Service.
You affirm and warrant that you are legally competent to enter into these Terms and Conditions, and to bind the entity you represent to the same.

Indemnification and Limitation of Liability
You agree to indemnify and hold harmless Emailgistics, its owners, affiliates, officers, partners and employees, from any claim or demand, including legal fees, made by any third party due to or arising out of your use of the Emailgistics service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Emailgistics will not be liable for any direct or indirect loss or damage arising out of the use of, or inability to use, the Emailgistics service. You agree and acknowledge that Emailgistics’ maximum liability to you will not exceed the amount you have paid to Emailgistics in the preceding ninety (90) days.

To the fullest extent available under law, these disclaimers and limitations of liability apply to any and all damages and injury related to use of, or inability to use, the Emailgistics service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of contract, breach or warranty, or tort (negligence).
If any provision within these Terms of Service is found to be in illegal or unenforceable, the legality and enforceability of the remaining provisions of these Terms of Service shall not be affected.

Jurisdiction and Venue
The rights and obligations of all parties under these Terms of Service shall governed by and construed in accordance with the laws of the province of Ontario, Canada. You consent to the exclusive jurisdiction and venue in the provincial and federal courts of Ontario.