These TERMS OF SERVICE (this “Agreement“) is made between SwipeMail. (“SwipeMail”) and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”).
SwipeMail (“SwipeMail” or the “Service”) is an email service offered through the URL www.swipemail.io (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients.
In order to use SwipeMail, you must:
– be at least eighteen (18) years old and able to enter into contracts;
– complete the registration process;
– agree to the Terms; and
– provide true, complete, and up to date contact information.
By using SwipeMail, you represent and warrant that you meet all the requirements listed above, and that you won’t use SwipeMail in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) SwipeMail may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for SwipeMail and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for SwipeMail on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Termination and Suspension
SwipeMail may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
4. Modifications to this Agreement
SwipeMail may modify this Agreement and any of the Policies at any time by: (a) posting the revised version on the Site; (b) asking You to re-verify Your login credentials; (c) electronically sending You a link to the modified Agreement or Policies; or (d) through other reasonable means. Your continued use of the Services after SwipeMail has notified you in one of the above manners will be deemed to constitute Your acceptance of any such modification, provided that: (A) with respect to Free Subscriptions, such modifications will apply retroactively to the inception of Your access to or use of the Site or Services unless expressly prohibited by applicable law; and (B) with respect to Paid Subscriptions, such modifications will (i) not modify any financial terms in the then current Order for the initial Term thereof and will apply only to future Terms or Orders; (ii) apply only prospectively and will not affect any prior rights You may have; and (iii) not be construed to modify any other terms or conditions in any material manner during the then current Order for the initial Term thereof (any such material modifications will apply only to subsequent Terms or new Orders). In addition to the above, all modifications to this Agreement or any of the Policies will be effective immediately upon posting for all Orders subsequent thereto, unless otherwise provided.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
6. Monthly Plan
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
Unlimited Plans: These are shared plans where any SwipeMail user can send unlimited emails but the speed of campagin will depend upon the total number of active users at that moment of time. Overall email sending capacity will be shared equally among all the current active users.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
8. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
9. Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide SwipeMail (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
10. Proprietary Rights Owned by You
12. Right to Review Email Campaigns
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
RULES AND ABUSE
13. General Rules
You promise to follow these rules:
– You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
– You won’t use purchased, rented, or third-party lists of email addresses.
– You won’t violate our Acceptable Use Policy, which is part of this Agreement.
– If you use our API, you’ll comply with our API Use Policy.
If you violate any of these rules, then we may suspend or terminate your account.
14. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a SwipeMail user, please report it to our team.
15. Limitation of Liability
IN NO EVENT WILL SWIPEMAIL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THE USE OF THE SITES, SERVICES (OR ANY SWIPEMAIL CONTENT PROVIDED THROUGH THE SITES OR SERVICES), EVEN IF SWIPEMAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SWIPEMAIL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE FEES PAID TO SWIPEMAIL HEREUNDER IN THE 1 MONTH PRECEDING ANY SUCH INITIAL OCCURRENCE OF LIABILITY (OR, IF NO SUCH FEES HAVE BEEN PAID, $10). YOU AGREE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT SWIPEMAIL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, SWIPEMAIL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. FOR THE PURPOSE OF CLARITY, SWIPEMAIL WILL NOT BE LIABLE, AND WILL HAVE NO OBLIGATION TO INDEMNIFY YOU, FOR (A) SENSITIVE DATA SENT TO SWIPEMAIL; (B) VIOLATION OF ANY LAW BY SWIPEMAIL WHEN ACTING AT YOUR OR ANY OEM USER’S (AS APPLICABLE) DIRECTION; (C) THE SENDING BY SWIPEMAIL OF YOUR OR ANY OEM USER’S (AS APPLICABLE) EMAILS, INCLUDING ANY CLAIMS AGAINST SWIPEMAIL DUE TO YOUR OR ANY OEM USER’S (AS APPLICABLE) SENDING OR DATA COLLECTION PRACTICES OR YOUR CONTENT.
16. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use SwipeMail for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
19. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Your routine communications to SwipeMail regarding the Services should be sent to your account team using the customer portal. To give a notice regarding termination of the Agreement for breach, indemnification, or other legal matter, you must send it by electronic mail and first-class post to:
27, Wakharwadi, Uthalsar,
Thane West, Maharashtra 400604
SwipeMail’s routine communications regarding the Services and legal notices will be posted on the customer portal or sent by email or post to the individual(s) you designate as your contact(s) on your account. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a Business Day, as of the beginning of the first Business Day following the time posted or delivered. For purposes of counting days for notice periods, the Business Day on which the notice is deemed received counts as the first day. Notices must be given in the English language.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about SwipeMail’s policies.