Terms

Last updated: 16 August, 2019

Effective date: 16 August, 2019

THESE TERMS AND CONDITIONS REPRESENT A BINDING AGREEMENT BETWEEN YOU (hereinafter “You” or “Your”) AND Power Mail OOD (hereinafter “the Company”, “Us, “We, or “Our”) GOVERNING YOUR USE OF THE https://powermail.io WEB SITE AND MAKING USE OF PowerMail, A SERVICE OPERATED BY THE COMPANY.

  1. Definitions

Account – Your registration with Us, allowing You to use the PowerMail features offered under a/your specific Subscription Plan;

Additional Service – any service that may be provided by the Company to the User, which at the time, is not available on the Website or under your Subscription plan;

User Data – all information and data provided by the User at the time of registration, which is being processed from time to time using the Services;

Services – all present and future features offered by the Website and your PowerMail Account, including, without limitation, the creation and use of a customized e-mail address

Taxes – all sales tax, use tax, excise duty, value added tax, and other taxes or duties, however designated, which are levied by any taxing authority having jurisdiction over You or the Company;

Terms – the present agreement between You and the Company governing Your access and use of the Services;

User – any person who accesses the Website and uses the Services;  

Visitor – any person who visits the Website;

Website – the https://powermail.io website.

  1. General

These Terms apply to all Users and Visitors.

You can accept the Terms by checking ticking a checkbox or clicking on a button indicating your acceptance of the Terms or by actually using the Services. Your access to and use of the Services is conditioned on your compliance with these Terms. If you do not agree with any part of the Terms duly contact Us or do not use Our Services. 

The PowerMail Services are provided exclusively to individuals who are of legal age to enter into a binding agreement. If, under any applicable laws, You are not permitted to enter into a binding agreement due to your age or any form of legal incapacity, You must stop using the Services immediately.

This Service is provided exclusively to Users. Accounts registered by “bots” or automated methods are not permitted and will be terminated.

Each User is solely responsible for all of his or her messages and their content, which are sent by making use of the Service.

The Company is responsible for providing a domain for the User’s customized e-mail address. The User is thus authorized to use the provided domain only within the Subscription period and only for their personal or professional needs, including, without limitation, for any commercial and non-commercial purposes. However, a User is not the owner of the Domain and cannot use the Domain for hosting their own web site(s) unless otherwise agreed with Us.

We may provide Additional Services (other than customized email address), as agreed between You and Us. Such agreement to provide additional services may be reached via email or any applicable manner of communication between You and Us, including by providing the option to buy such Additional Services from our Website. 

Any Additional Services shall be subject to specific terms and conditions such as price, deadlines, and quality, as agreed additionally. The present Terms shall apply to Additional Services, unless these Terms are incompatible with the specific Agreement regarding Additional Services. 

III. Accounts

Users are required to provide us, at the time of opening their Account or paying for Our Services and Additional Services, with User Data and information about their  residence their residence for tax purposes, which is accurate, complete, and relevant at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account or temporarily disabling temporary disablement of Your access to all or a part of the Services or Additional Services. You are responsible for any Taxes incurred in breach of your obligation to provide Us with Your real residence for tax purposes.

Users must maintain the confidentiality of their password and Account. You undertake not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. We will not be responsible for any damages You might suffer from unauthorized access to your Account.

You are responsible for the security of your Account and any data breach that may occur. You should consider using security measures to protect Your Account from attacks such as installing email antivirus scan, changing your password at regular intervals, and being vigilant to fishing or other similar attacks.

You are responsible for any and all activities or actions that occur in relation to the Service under your Account, including the content transmitted.

We shall not monitor or filter the content of your email and shall not bear any responsibility if Your Account is used for any type of illegal activity. However, if it comes to our attention that Your Account is used for illegal activities, we reserve the right to terminate the Service and block Your access to the service without notice. We may report cases of illegal use of the Services to the competent authorities. 

  1. Terms of payment

The Services are available under Subscription plans of various durations. Prices are in USD, including VAT or other applicable taxes. Prices may be displayed in other currencies. The exchange rate of such prices to USD is entirely at our discretion.

Payments for Subscription plans can be made via PayPal and/or other methods of payment available, published and updated from time to time, on the Website. You are responsible for keeping the relevant payment information up to date.

We reserve the right to change the price of the Services or any Additional Services. The change in the Services’ price only affects further purchases and will not apply until the expiry of Your current billing cycle. You will not be charged for using any Service unless you have expressly selected a paid subscription plan and have successfully completed a purchase.

Upon failure to make any payment, and following a seven days prior notice of due payments sent to You, We may remove, disable or terminate your Account. The Company also has the right to remove, disable or terminate your Account immediately if a fraudulent payment is detected, such as the use of a stolen credit card. Such cases may be further referred to the competent authorities. You waive any and all claims against the Company and anyone on its behalf in connection therewith.

Due to their nature, the paid Services provided by the Company are generally non-refundable and any refunds or credits given will be at the sole discretion of the Company. Paid accounts which are terminated due to a violation of these Terms will incur the loss of all payments and credits and are not eligible for refund.

The Company shall have no obligation to refund any portion of any fees in the event that You wish to discontinue use of all or part of the Service, or in the event that your access is terminated by Us as a result of you failing to comply with these Terms.

  1. Intellectual Property

The Website, the Service, the Additional Services their content, and any and all intellectual property rights pertaining thereto, including, but not limited to, trademarks, trade names, logos, copyrightable materials, graphics, text, images, software, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, information or other materials that are posted, generated, provided or otherwise made available through the Services (collectively, “Intellectual Property“), are owned and/or licensed to the Company and/or any of its service providers, and are subject to copyright and other applicable intellectual property rights under any applicable national and foreign laws, and international conventions. The content and any copyrightable materials, being transmitted by You when using our Services, are Your responsibility and are not to be considered Intellectual Property of the Company except expressly stated in these Terms.

You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Our proprietary rights including but not limited to, any Java applets associated with the Service, including our Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of the Company or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Content, and You represent and warrant that You will abide by all applicable laws in this respect.

  1. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. 

We provide these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of the site or any association with their operators. You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such links, their content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

VII. PROHIBITION OF SPAM

The Service or any Additional Services s may be used only to send emails or messages to individuals or companies who have given You their permission to send emails or messages. If You use the Services for the purposes of email marketing, You shall always include in the email an option for the recipient to opt-out from receiving any more messages from You. 

Permission to send a message is considered to be granted, if the recipient of the message has done one of the following:

  • Has been in regular email correspondence with You in the past;
  • Has emailed You in the past with a message which suggests, taking into account the relevant context, that future correspondence with You is acceptable;
  • Has subscribed to receiving emails from You or has opted-in receiving email in any other manner (e.g. by ticking a checkbox on a promotional website);
  • Has provided You with a business card. 

Once You have received permission to send a message, you shall maintain evidence of said permission. 

You shall not send messages to email addresses that You have bought, leased, rented or otherwise acquired from a third party against remuneration, regardless of any form of consent or agreement to the opposite between the third party and the owners of the email addresses. 

Any non-compliance with the rules of this anti-spam policy may result in the immediate termination of the Services or Additional Services. 

VIII. ABUSE OF SERVICE

You shall not use the Services or the Additional Services in any manner that may be considered to be abusive. 

Such behavior may include (but is not limited to):

  • Phishing – fraudulently inducing companies or individuals to reveal confidential information or make payments.
  • Malware – spreading or sending malicious software designed to harm the recipient or harvest their data.
  • Promotion of hatred or violence – sending messages that promote or encourage hatred or violence in any form against any group of persons. 
  • Copyright violations – sending copyrighted materials in breach of the applicable copyright legislation. 
  • Other illegal acts – using the service in any manner contradicting any applicable legislation, including legislation against money laundering and terrorism. 

If it comes to Our attention in any way that You have used or use the Services (Additional Services) for any of the above acts, Your Account may be terminated. 

  1. Termination

We may remove, disable or terminate your user Account or temporarily disable access to whole or part of the Service, immediately and without prior notice or liability, for any reason whatsoever, including without limitation, suspected illegal activity, fraudulent payment, extended periods of inactivity, requests by law enforcement or other government agencies, breach of these Terms, or in case of unexpected technical issues. In the latter case we will reactivate your Account or enable your access to the whole or part of the Services as soon as possible in light of the circumstances of the particular situation.

The termination of the Services shall be considered termination of any Additional Services provided. 

Objections to suspension or disabling of Accounts should be made to Us within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. 

You shall not be provided compensation or remuneration for the suspension, disabling disablement or termination of Your Account.

If You wish to terminate your Account, You may simply discontinue using the Service. We may terminate your user Account on your request. 

Upon termination of Your Account, your right to use the Service will immediately cease. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user Account. If the situation allows it, we may be able to assist You with retrieving Your information found on Our servers but it is solely at our discretion to decide whether to provide such assistance.

All provisions of the Terms which by their nature should survive the termination of Your Account shall remain valid and enforceable, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Disclaimer of warranties

You are responsible for making the arrangements necessary for You to have access to the Services.

The Services are provided on an “as-is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We make no warranty that the Service will be uninterrupted, timely, secure, or error free. 

You expressly understand and agree that the use of the Service is at your sole risk. Use of any material downloaded or obtained through the use of the Service shall be at Your own discretion and risk and You will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Service or the download of any materials.

No advice or information, whether written or oral, obtained by you from the Company, its employees or representatives shall create any warranty not expressly stated in these Terms.

You agree that We shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or of loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use or inability to use the service, even if the Company has been advised of the possibility of such damage. In no event shall Our entire liability to You in respect of any service, whether direct or indirect, exceed the fees paid by You towards such service.

You agree to abide by all applicable local, state, national and international laws and regulations.

You warrant that You will not use the Services for any unlawful purpose and/or any activities, which are prohibited by law or by these Terms.

You must not re-sell our Services unless you have been given explicit prior permission by Us.

  1. Governing Law

These Terms, and any non-contractual rights or obligations arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the Laws of the Republic of Bulgaria, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any clause of these Terms is found to be invalid by virtue of a court order, the remainder of the Terms of Service shall remain in full force and effect. These Terms constitute the entire agreement between You and Us regarding our Service, and supersede and replace any prior agreements we might have regarding the Service.

XII. Arbitration

Any dispute, controversy, claim or disagreement between the parties arising from, relating to or in connection with these Terms or related to them, including those arising from or concerning the interpretation, invalidity, performance or termination of the Terms, as well as the disputes for filling gaps in this agreement or its adaptation to newly established facts, shall be referred for resolution to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in compliance with its Rules for Litigations, based on arbitration agreements.

XIII. Changes

We reserve the right, at our sole discretion and within the limits of applicable law, to modify or replace these Terms at any time, and to notify You by e-mail, containing the updated version of these Terms.

We will provide at least 7 days notice prior to any new terms taking effect. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. We reserve the right to decide whether a revision is material.

Continued use of the Service after any changes of these Terms or Our policies shall constitute Your consent to the respective changes. If you do not agree to the new terms, please stop using the Service or contact us appropriately.

If you have any questions or concerns regarding this Agreement, please contact us at cto@powermail.io