Our EULA was last updated on 8-20-2023
Please read this End-User License Agreement carefully before downloading, installing, or using the EmailDelivery.com email marketing platform.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
“Agreement” means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
“Application” means the software program provided by the Company downloaded by You to a Device, named the EmailDelivery.com email marketing platform.
“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to EmailDelivery.com.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Country” refers to The United States of America.
“Device” means any device that can access the Application such as a computer, a cell phone or a digital tablet.
“Third-Party Services” means any services or content (including data, information, applications and other products or services) provided by a third-party that may be displayed, included or made available by the Application.
“You” means the individual accessing, installing, or using the Application, or the company the individual is acting as a representative of, or any other legal entity on behalf of which such individual is accessing, installing, or using the Application, as applicable.
By cdownloading, installing, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download, do not install, or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only.
Since the Application can be accessed and used by other users via account sharing or creating accounts for them, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by terms and conditions.
You agree not to, and You will not permit others to license, sell, rent, lease, assign, distribute, disclose, or share your software license key to any third party.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application.
You agree to use the Application only in accordance with how the Application has been made available to you by us, this Agreement (including any applicable Documentation and Product Specific Terms), Order Form(s), documentation on the Site, and applicable law. You will be solely responsible for all use of the Application, including prohibited acts such as reverse engineering, copying, disassembling, decompiling, or modifying, copying or creating derivative works of any part of the Application and any data and other information or content you process and/or host and/or send using the Application. You will not transfer, resell, lease, license, share, or otherwise make available the Application license key, installation archive, or any software directories, binaries, images, containers, or related packages to third parties. You agree to provide prompt and reasonable cooperation regarding information requests we receive from law enforcement and regulatory authorities. You are responsible for preventing unauthorized access to or use of the Application and will notify us promptly of any such unauthorized access or use. We will not be liable for any loss or damage arising from use of the Application. You will not use the Application or permit it to be used to transmit any content that violates any legal, regulatory, self-regulatory, governmental, statutory requirements or codes of practice.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Company provides support and software updates for a period of 1 year after the purchase of a new license at no additional charge. At the end of the first year, the continuation of maintenance and support requires a yearly renewal fee for each year thereafter.
The Application or our website may display, include or make available third-party content and services (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality
or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that EmailDelivery.com, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not EmailDelivery.com or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application, including (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
If you have any questions about this Agreement, You can contact us by visiting our website at https://emaildelivery.com and clicking Support.