Thanks for using Emailton.
Please read these Terms carefully before ordering, accessing or continue using Emailton. By using our platform, services or signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity) and Emailton.
This agreement provides a license to use Emailton platform and services and contains warranty information and liability disclaimers. If you do not agree with these terms, then please do not use or access to Emailton platform or use any of our services.
1. Definitions
We included a few definitions that should help you understand the Terms.
“Licensor” means Emailton, an online marketing platform (the “App”) based in United Kingdom. Emailton allows you to purchase, create and send professional marketing emails, including, without limitation, advertisements, web sites links and mailings.
The App is offered through our website https://www.emailton.com and any other website or mobile application owned, operated or controlled by Emailton (we will collectively refer to these as the “Emailton Site” and together with the App, the “Service”).
“Subscription Fee” shall mean the ongoing monthly, annual, or other recurring term payment that is owed to Emailton to continue using the Service.
Emailton has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member” according to this Agreement.
If you do not agree to these Terms, discontinue your use of the Service.
2. Subscription
In order to subscribe and use the Service, you must:
- Be at least eighteen (18) years old and able to enter into contracts.
- Complete the account registration process.
- Agree to these Terms.
- Provide true, complete, and up-to-date contact and billing information.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you will not use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Licensor may refuse service, close accounts of any Members, change eligibility requirements or increase the Subscription Fee at any time.
A verification of the email address that a new Member wants to use in the App is mandatory; it may take up ten (10) days to be confirmed by Members and our Team. Once confirmed, our Team will provide sufficient details (such as username, password and login URL) that will allow to access the App, over an internet connection, and use the Service during your Subscription period.
2.1 Account Restrictions
By agreeing to these Terms, you promise to follow these rules:
- You will not send spam!
- You will not use purchased, rented or third party lists of email addresses.
- You will not engage or promote activities that violate the laws of the land, discriminate by race, sex, religion, nationality, disability, sexual orientation, age or promote violence or sexually explicit materials.
- You will not infringe or otherwise violate any copyright, trademark, or other intellectual property rights of a third party.
Emailton reserves the right to terminate immediately this agreement if a Member violates any of the above prohibitions.
2.2 Login Details
Members are responsible for keeping their account login details (user name and password) safe and confidential. Members are also responsible for any account that have access to and any activity occurring in such account (other than activity that Emailton is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity.
Members must immediately notify Emailton of any unauthorized access or use of your account. Licensor is not responsible for any losses due to stolen or hacked passwords. Emailton do not have access to Member’s passwords, and for security reasons, we may only provide you with instructions on how to reset your password.
In addition, you represent and warrant that all information you provide to Emailton when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
2.3 Closing Account
Emailton may suspend the Service at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we will refund a prorated portion of your monthly prepayment for a Subscription plan. We will not refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement.
3. Payments
All amounts payable hereunder by Members to Licensor shall be payable in Emailton Paypal account, with email info@emailton.com, without deductions for taxes, assessments, fees, or charges of any kind.
When purchasing email structures through the “Library” or “Create” pages (localisated in our platform), it is not included the research and creation of the contents (images, texts, animations or any other of the external elements of the structure design). The creation of these contents will be agreed between the buyer of the email structure and our team: provided by the buyer of the structure or quoted per separate by our team.
After your first email design, some of the elements can be recycled from previous designs, in which case the quote estimation to create a new email will be less for the benefit of the buyer. We recommend contacting our team for a free quote before using your own contents; our aim is to help you to improve it.
4. Changes and Updates
Emailton change any of the Terms by posting revised Terms on our Emailton Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service or any features of the Service at any time, and we may discontinue the Service or any features of the Service at any time.
Emailton will provide to Members with error corrections, bug fixes, patches or other updates to the software licensed to the extent they become available during the time that Members has a valid and fully paid license to use the Service. All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of the Licensor.
5. Software Protection
Except as specifically set forth herein, no software or information provided by Emailton shall be copied in whole or in part by Members without Licensor’s prior written agreement.
Members further acknowledges that all copies of the software in any form provided by Emailton or made by Emailton are the sole property of Emailton and/or its suppliers. Members agrees to respect and not to remove, obliterate or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark or legend appearing on any of the software or output generated by Emailton.
Members agrees not to modify, reverse engineer, disassemble, or decompile the software, or any portion thereof. Members are solely responsible for the backup of files and/or data that is being used with the software.
Upon termination of this agreement, Members must cease any and all use of the Service.
6. Warranties
Except for any rights as set forth herein, Emailton represents its belief that it is the owner of the entire right, title, and interest in and to software, that it has the sole right to grant licenses thereunder, and that it has not knowingly granted licenses thereunder to any other entity that would restrict rights granted hereunder except as stated herein.
Emailton represents and warrants to all Members that the software, when properly used by Members, will perform substantially as described in Licensor’s current documentation for such software during the period that Members has a valid license to use the software (because all required Subscription fees have been paid by Member to Licensor).
Notwithstanding the warranty provisions set forth herein, all of Licensor’s obligations with respect to such warranties shall be contingent on Member’s use of the software in accordance with this agreement and in accordance with Licensor’s instructions as provided by Emailton. Instructions may be amended, supplemented, or modified by Emailton from time to time. Licensor shall have no warranty obligations with respect to any failures of the software that are the result of accident, abuse, misapplication, misunderstanding, incomplete training, power outage, website or server maintenance, equipment failure, extreme power surge or extreme electromagnetic field.
Licensor’s entire liability and Member’s exclusive remedy shall be, at Licensor’s option, either: (1) return of the Subscription fee paid for time of service; or (2) repair or replacement of the software, provided Licensor receives written notice from Member during the warranty period of a breach of warranty. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
Licensor does not represent or warrant that all errors in the software and documentation will be corrected. The warranties stated in this section are the sole and the exclusive warranties offered by Licensor. There are no other warranties respecting the software and documentation or services provided hereunder, either express or implied, including but not limited to any warranty of design, merchantability, or fitness for a particular purpose, even if Licensor has been informed of such purpose. No reseller or agent of Licensor is authorized to alter or exceed the warranty obligations of Licensor as set forth herein.
Member acknowledges and agrees that the consideration which Licensor is charging hereunder does not include any consideration for assumption by Licensor of the risk of Member’s consequential or incidental damages which may arise in connection with Members’s use of the software, documentation, and any output produced by the software. Accordingly, Members agrees that Licensor shall not be responsible to Members for any loss-of-profit, indirect, incidental, special, or consequential damages arising out of the licensing or use of the software, documentation, or output produced by the software.
Any provision herein to the contrary notwithstanding, the maximum liability of Licensor to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any software delivered to Members hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Licensor by Members for the software whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Licensor arising out of this agreement.
The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the license of the software and documentation and any services rendered hereunder and that, were Licensor to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Licensor makes no representations whatsoever about any other web site that Member may access through the software, that is referenced by the software or documentation, or from data that was retrieved from a third party web site about Members or another entity. When Members accesses a third party web site, Members acknowledges that it is independent from Licensor, and that Licensor has no control over the content on that web site. In addition, a link from Licensor’s web site(s) does not mean that Licensor endorses or accept any responsibility for the content, or the use, of such web site.
7. Confidentiality
Members acknowledges and agrees that the software and documentation constitute and contain valuable proprietary products and trade secrets of Licensor and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, Members agrees to treat (and take precautions to ensure that its employees treat) the software and documentation as confidential in accordance with the confidentiality requirements and conditions set forth below.
Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information).
Neither party shall have any such obligation with respect to use of disclosure to others not parties to this agreement of such confidential information as can be established to: (1) have been known publicly; (2) have been known generally in the industry before communication by the disclosing party to the recipient; (3) have become known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (4) have been known otherwise by the recipient before communication by the disclosing party; or (5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.
Members acknowledges that the unauthorised use, transfer or disclosure of the software and documentation or copies thereof will: (1) substantially diminish the value to Licensor of the trade secrets and other proprietary interests that are the subject of this agreement; (2) render Licensor’s remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time.
If Members breaches any of its obligations with respect to the use or confidentiality of the software or documentation, Licensor shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of god, fire, natural disaster, terrorism, labour stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
Member’s obligations under this section will survive the termination of this agreement or of any license granted under this agreement for whatever reason.
8. Jurisdiction and disputes
This agreement constitutes the entire understanding between Licensor and Members, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this agreement.
Member shall agree to defend, indemnify and hold Licensor, its officers, directors, agents, employees, and related companies harmless against any and all costs, expenses and losses (including reasonable attorneys’ fees and costs) arising from Member’s breach of this agreement, and from Member’s use of the information generated by the Service. Member’s obligations under this section will survive the expiration or termination of this agreement.
This agreement shall take precedence over any other documents that may be in conflict therewith and shall be governed by the laws of United Kingdom.No reseller or agent of licensor is authorized to make any amendment to this terms of service.
All questions regarding this agreement should be directed to Emailton filling the contact form in the web hosted software (click here).