Account Terms and Eligibility
The User must be a human. Accounts registered by bots or other automated methods and devices are not permitted. To register for Emailgistics, the User must provide a valid permanent email address, along with any other information required by the Corp during the registration process. The Corp may communicate with the User 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.
The User is responsible for maintaining the security of the User’s Emailgistics account and password. The Corp is not liable for any loss or damage resulting from the User sharing the User’s billing or account administrator login details or the User’s failure to comply with account security obligations.
The User may not use Emailgistics for any illegal or unauthorized purposes. The User must not, in the course of using Emailgistics, violate any laws or regulations in the User’s jurisdiction, including but not limited to copyright laws and laws relating to the distribution of harmful or illegal material. The User is responsible for all content sent by or to the User’s Emailgistics account.
Grant and Payment
- the User may use Emailgistics solely for the internal business purposes of the User;
- without the prior written consent of the Corp, the User shall not provide, rent, lease, lend, use for timesharing, application service provider or service bureau purposes, or otherwise use or allow others to use Emailgistics for their own benefit or for the benefit of third parties;
- the User shall not modify, adapt, translate, incorporate into or with other software, or create a derivative work of any part of Emailgistics;
- the User shall not disclose the results of any benchmarking of Emailgistics, or use such results for its own competing software development activities;
- the User shall not decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of Emailgistics by any means whatever.
Intellectual Property Rights
Emailgistics is owned by the Corp, and its structure, organization and code are the exclusive intellectual property and valuable trade secrets of the Corp. All intellectual property rights in and to Emailgistics are the sole and exclusive property of the Corp. Except the right to use Emailgistics as specifically stated above, the User is not granted any other rights in Emailgistics.
Trademarks and Publicity
Use of Names and Trademarks
While the User remains licensed to use Emailgistics, You may use Emailgistics’ name and/or logo in order to identify Yourself as a customer. You shall not otherwise use Emailgistics’ name or trademarks without first obtaining permission in writing from Us.
You authorize Emailgistics to use Your name and trademarks in promotional materials and for publicity purposes. Such use of Your name and trademarks shall be consistent with industry practice, and with any usage guidelines provided by You to Emailgistics.
Neither party grants to the other any title, interest or other right in any Marks except as provided by this section.
Data Integrity and Privacy
Security policies and protocols
Emailgistics maintains a managed security program to identify risks and implement preventative technology, as well as technology and processes to mitigate common attacks. This program is reviewed and updated on a regular basis. Emailgistics maintains commercially reasonable administrative, physical and technical safeguards to protect the confidentiality of customer data on Emailgistics’ systems.
Emailgistics restricts access to production systems and databases to approved personnel, using industry standard authentication techniques.
Emailgistics has an incident management process for security events that may affect the confidentiality, integrity or availability of the Corp’s systems or data that reside thereon. This process adopts industry standard protocols and procedures for notification, mitigation and documentation.
The Corp warrants to the User during the period in which the User is paying for the subscription to Emailgistics and is up-to-date in the payment of all subscription fees (“Warranty Period”) that Emailgistics will be free from defects and will operate substantially in accordance with the related documentation. If User discovers an error during the Warranty Period, User shall promptly notify the Corp of such error and provide the Corp with sufficient information in written or electronic form so that the Corp can reproduce such error. The Corp’s sole liability and User’s exclusive remedy with respect to breach of this limited warranty shall be limited to providing an error correction, or if same is not commercially feasible, refunding the subscription fees received for the non-conforming software provided the User thereafter discontinues all use of such software.
The Corp does not warrant the performance or the results the User may obtain by using Emailgistics. The User acknowledges that there is a risk that data can be damaged or corrupted and there is no guarantee that such damage or corruption can be reversed or recovered from. The User shall be responsible for backing up its own data and the costs of restoring such data from any backup.
The Corp warrants that this Agreement and associated documentation will accurately describe the applicable administrative, physical and technical safeguards for the preservation of integrity, security and confidentiality of customer data. Remedies under this section are limited to those described in the Term and Termination clause hereunder.
The User acknowledges that Emailgistics interacts with other software and databases operated by Microsoft (“Microsoft”). The User acknowledges that the Corp is not responsible in any manner for the performance of Emailgistics or any issues of accessibility to the extent same are caused by any changes by Microsoft to its application programming interface.
Limitation of Liability
Notwithstanding anything herein contained to the contrary, in no event whatsoever will the Corp, its directors, officers, employees, agents, contractors or affiliates, be liable for any claim for (i) punitive, exemplary or aggravated damages (ii) damages for loss of profits or revenue, failure to realize expected savings, loss of use or lack of availability of computer resources or any stored data (iii) indirect, consequential or special damages of any kind (iv) contribution, indemnity or set-off in respect of any claims against the User by any third party (v) any damages whatsoever related to any software that is not designed or manufactured by the Corp or any computer hardware; or (vi) any damages whatsoever relating to interruption, delays, errors or omissions, or costs of procurement of substitute goods or services.
Term and Termination
European General Data Protection Regulations
Emailgistics’ GDPR statement can be found here
Governing Law and General Provisions
The Corp will have no obligation to perform its obligations hereunder to the extent and for the period that the Corp is prevented from doing so by reason of force majeure or any cause beyond its reasonable control, including without limitation the inability to use or the failure of any third party telecommunications carrier or other services.