The purpose of these Terms is to introduce the basic terms and conditions of our services. Mailercloud is a software that provides people with a means to collect email addresses and to create, send communications emails (“Service”). This service may not be used for the sending of unsolicited email ("spam"). Please note that throughout these Terms, "we," "us," and "our" refer to Mailercloud, and "you," "your," and "yours" refer to the user.
To use our Service you must:
By signing up, using the site or mobile app, you accept these terms and conditions and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.
If you violate any of these rules, we may suspend or terminate your account.
You acknowledge and agree that Mailercloud may occasionally send you communications regarding your account or the Service via email.
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.
All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely not acceptable or allowable to use a list that has been purchased, rented or from a third-party.
Emails are only sent to recipients who have given their consent to receive these emails according to applicable laws and regulations (e. g. General Data Protection Regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data); or according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) - (opt in) - or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met, and etc.).
Consent to receive advertisements through email has to be given separately. The recipient must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions).
The recipients must give their consent actively through a conscious act. Pre-clicked/pre-marked boxes may not be used. The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of obtaining consent. This must also contain information as to how consent may be revoked and with whom. The option to revoke consent may not be more complicated than the obtaining of the consent. Revoked consent must be implemented after five (5) working days at the latest.
The contracting entity - that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. It must be complete to the extent permitted by applicable law. The ‘about us’ section shall contain the following information:
For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.
We allow sending only relevant content, which is requested by subscribers and corresponds to the CAN-SPAM Act. You can’t send pornography, affiliate marketing, pyramid schemes, MLM, "Get Rich Quick", Forex, Escort services, gambling, weight loss material, mobile unlocking services or offer illegal goods and services. You are also not allowed to send content that encourages discrimination, bullying or actions that could impose health-risk, such as anti-vaccination material.
You can send newsletters using Mailercloud only if the content is created by you or you have the right to use it. You represent and warrant that you either own or have permission to use all of the material, content, data, and information, including your personal information and the personal information of others, you submit to Mailercloud in the course of using the Service.
Creating multiple accounts with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.
In no event shall Mailercloud be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website or mobile app, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or mobile app or the materials therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.
The term of Service will continue for as long as you have a Mailercloud account or until you or we terminate it.
We reserve the right to terminate your account at any time with or without cause. You also have the option of cancelling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.
We may, at our sole discretion, offer refunds in other situations subject to any member seeking such refund applying for the refund in accordance with the requirements we post on the website or in the mobile app, which may be changed from time to time.
You may not cheat by deleting subscribers and uploading new ones in order to send newsletters to more unique users than your plan allows.
Mailercloud claims no intellectual property rights over the material you provide to the Service. You acknowledge that Mailercloud owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.