Terms & Conditions
Moosend Ltd. provides business owners, website operators, and other individuals software tools, resources, and services that enable them to create, launch, and manage online email campaigns and contact lists (cumulatively, the “Services”).
The computer servers that we use to deliver the Services (the “Servers”) are located at multiple locations around the world, and those locations may change from time to time. In the event that data is transferred to our Servers from within the European Economic Area, the Data Transfer Clauses below will govern that transfer and will form part of this Agreement.
Please read this Agreement carefully before using our website or Services. Your action in checking the “I have read and accept these terms and conditions” box during the registration process signals your acceptance to being bound by this Agreement.
If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.
Services and Support
- Moosend Ltd may post updated versions of the Agreement on this website or otherwise providing notice to you that the terms of this Agreement have been changed. The company will use reasonable efforts to make you aware of any changes to the terms of this Agreement. The company may discontinue or restructure any or all other aspects of the Services provided at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Moosend Ltd website.
Your continued use of the Services following any change to this Agreement will constitute your acceptance of those changes. If you elect to discontinue using the Services due to any changes to the Agreement made under this section 1, any amounts you may have pre-paid for Services but did not use will not be refunded.
- The Services are offered and only available to persons who can execute legally binding contracts under applicable laws. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify for these reasons, your use of the Services provided by this website is expressly prohibited.
- The Services enable websites for any size organization to register website visitors, collect and retrieve visitor contact data, and to develop and deliver email communications with visitors and others, such as customers, that are included in a contact list.
- Moosend Ltd monitors and meters the number of email messages sent by users and the number of kilobytes of data transferred. Moosend Ltd account holders may send as many messages as they want by purchasing the appropriate number of credits.
- Services are available on a pay-as-you-go or a monthly basis. After registering on the site, you may purchase email credits or select one of the monthly plan that suits you best. In the pay as you go plan each email sent reduces your account by one (1) credit. You can buy as many credits as you want at any time. Credits never expire and never lose their value in Services; they can always be redeemed for the right to send one email. In a monthly plan every month we will invoice you depending on the number of subscribers you have in your mailing lists in your account and per the pricing policy in effect at the time.
- Payment for Services must be made by a valid credit card, debit card, other electronic payment service, or other method acceptable to Moosend Ltd.
- All prices are subject to change, and our Pricing Schedule will be promptly updated with any changes. It is your responsibility to be aware of the fees currently charged by Moosend Ltd for Services by reviewing the Pricing Schedule from time to time.
- Moosend Ltd may charge a fee to renew an account that has been de-activated due to non-payment, untimely authorization for payment, or any other breach of this Agreement.
- New users must register on the site in order to use the Services. You must provide true, accurate, current, and complete information as requested in the registration process. As part of the registration process, you will designate an email address, username, and password for your Moosend Ltd account. You are responsible for maintaining the security of your account username, passwords, and files. You are responsible for all uses of your account and for the cost of Services obtained through your account or name. Moosend Ltd reserves the right to refuse registration of, or to cancel, accounts it deems inappropriate for any reason.
- You acknowledge and understand that Moosend Ltd makes no guarantee that HTML messages sent using any Services will display properly on all recipients’ email programs since HTML is generated differently by the various HTML generation tools available. Moosend Ltd will, however, make every reasonable effort to ensure that all email messages sent through our servers follow popularly accepted standards. Moosend Ltd does recommend the W3C HTML standards to achieve the best results.
- Users can make use of the “contact us” form in order to contact Moosend Ltd for any questions or queries.
Moosend Ltd will respond within two business days.
- Every time a user purchases credits, Moosend Ltd automatically generates an invoice with all the necessary details.
Users can at any time complete their personal or company’s details in their Account Settings,
so that the invoice issued will have the given details. Every invoice issued can be found in the user’s account at
the right side of the dashboard. Users can download invoices as a .pdf file, send them with email or open them as HTML.
User Responsibilities and Restrictions on Use
- This is an Agreement for Services. It does not grant a license to any software except to the extent required for you to use the Services. Except to the extent that applicable laws prevent Moosend Ltd from asserting every possible property right, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
- If you are using the Services in any country in the European Community or the United States, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs or the US Copyright Act 1976, as amended.
- You acknowledge and agree that the Services, the Software, the Moosend Ltd company names and logos, all related product and service names, design marks, logos, and slogans, and all other material, including marketing content, comprising the Software or the Services, are the property of Moosend Ltd or its affiliates or suppliers (collectively, the “Trademarks”). Unless stated otherwise, all Trademarks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties owned by Moosend Ltd or by other parties that have licensed their material to Moosend Ltd You are not authorized to use any of the Trademarks in any advertising, publicity, or any other commercial manner without the prior written consent of Moosend Ltd Your use of the Services confers no title or ownership in the Services, the Software, or the Trademarks and is not a sale of any rights in the Services, the Software, or the Trademarks. All ownership rights remain in Moosend Ltd or its third party suppliers, as the case may be.
- By accepting these terms and conditions, you represent, covenant, and warrant that you will use the Services only in compliance with this Agreement and all applicable laws, including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation. You agree that you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Moosend Ltd against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. You acknowledge that you are responsible for the content of any emails or messages sent using the Services. Although Moosend Ltd has no obligation to monitor the content provided by you or your use of the Services, Moosend Ltd may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
- Our Services may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in the jurisdiction from which the email is sent and all jurisdictions in which it is received is prohibited. Those laws may ban material that is obscene, threatening, harassing, libelous, or in some other way that is a violation of intellectual property laws or a third party’s intellectual property rights.
- In using the various Services, you may provide personal information, such as your name or contact information. Moosend Ltd may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
- Moosend Ltd will not use your subscriber lists or any other customer information for any purposes other than those related to the efficient delivery of the Services. Your customer information will not be shared with any other party. In addition, Moosend Ltd will not use your customer information for the purpose of sending unsolicited commercial email.
- You must not use the Services to distribute illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or any other prohibited material.
- You must not use the Services to send email campaigns that link to or display content that we deem inappropriate. Examples include, but are not limited to, content that contains nudity, obscenity, gambling-related topics, pharmaceutical-related topics, illegal software, and viruses.
- You must not use the Services to send unsolicited email (sometimes called “spam”). See our Anti-Spam Policy that forms part of this Agreement for further information.
- All rights not expressly granted are reserved.
- The Services may contain materials produced by third parties or that link to other websites. Such materials and websites are provided by third parties and are not under Moosend’s direct control. Moosend Ltd accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that Moosend Ltd is entitled to require you to remove any link from another website to the Services which you install without obtaining Moosend’s prior written consent.
- Moosend Ltd does not store credit card details nor shares customer details with any 3rd parties.
Reselling and Subcontracting the Services
Reselling of the Services to third parties is permitted subject to the following conditions:
- Granting access to, and use of, the Services by a third party (“Your Customer”):
(a) does not in any way diminish your strict obligation to ensure compliance with the terms of this Agreement; and
(b) does not in any way diminish Moosend’s right to enforce the terms of this Agreement, without liability to you or the Customer, including suspension or termination of access to the Service, whether or not it may have an adverse impact on Your Customer or the ability of Your Customer to use the Services.
- You must:
(a) Enter into a binding contractual relationship with Your Customer on terms no less onerous than this Agreement including, without limitation, the Moosend Ltd Anti-Spam Policy;
(c) In the event that Your Customer transfers personal data from the European Economic Area direct to the Servers, ensure that the Data Transfer Clauses form part of your contractual relationship with Your Customer; and
(d) Provide all customer relationship management, including first level support services in relation to the Services, to Your Customer.
- You hereby agree to indemnify and hold harmless, on an actual indemnity basis, Moosend Ltd, from and against all costs, expenses, losses, and liabilities arising in any way (including under statute, the law of tort, equity, or any other theory of law whatsoever) from or in relation to use of the Services by Your Customer and all other acts and omissions of Your Customers otherwise taking place on or in relation to the Services.
- Moosend Ltd does not charge an additional fee for use of the Service by Your Customers. Moosend Ltd will deduct its standard fees and remit to you the balance of all payments received from Your Customers within thirty (30) days of the date of payment.
- You may terminate this Agreement at any time by contacting us or by sending written notice to Moosend Ltd., 2 Tallis street, Tallis house, London, EC4Y 0AB, United Kingdom. Correspondence must include your first name, last name, and your Moosend account details. No refunds will be issued if you terminate this Agreement.
- Moosend Ltd may terminate this Agreement or the delivery of Services at any time with or without cause, and with or without notice. Moosend Ltd shall have no liability to you or any third party because of such termination. If Moosend Ltd terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
- Moosend Ltd will not delete any of your archived data within 30 days after the date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility. All sections of this Agreement that, by their nature, should survive termination will survive termination, including without limitation, ownership, warranties, disclaimers, and limitations of liability.
- If you do not log into your account for more than 365 days, the account will become inactive. When at our sole discretion an account is classified as inactive, Moosend Ltd will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM Moosend’s DATABASE.
Warranties, Disclaimer and Remedies
Use of the services and any reliance by you upon the services, including any action taken by you because of such use or reliance, is at your sole risk. To the maximum extent permitted by law, Moosend Ltd does not warrant that the services will be uninterrupted, accurate or error free; nor does it make any warranty as to the results that may be obtained from use of the services. The services are provided “as is” and to the extent permitted by law Moosend Ltd, ltd. Disclaims all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose and noninfringement.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Moosend Ltd to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for Moosend Ltd to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to Moosend Ltd for the relevant Services.
Limitation of Liability
To the maximum extent permitted by law, under no circumstances shall Moosend Ltd or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to for purposes of this section as “Moosend” or “Moosend Ltd”) be liable to you or any other person for any loss or damage (including but not limited to direct, indirect, exemplary, special, incidental, cover, reliance or consequential damages, loss of profits or revenue, business interruption, loss of data, or failure to realise anticipated savings or benefits or business opportunities), or for any claim by any other party.
Moosend’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if Moosend Ltd has been notified of the possibility of such loss or damage.
You agree that Moosend’s liability to you at law will be reduced by the extent, if any, to which you contributed to the loss.
In the event that, notwithstanding the foregoing, Moosend Ltd is found liable to you for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability, or otherwise), to the fullest extent permitted by law the liability of Moosend Ltd to you will be limited to:
(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again or refund of fees actually paid for the services.
- If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
- Moosend Ltd and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
- No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Moosend Ltd in any respect whatsoever.
- In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
- The Agreement shall be governed by the laws of United Kingdom and the European Union without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Ripon, England.
It is understood that in order to use the Services, a modern browser, such as Internet Explorer 7+, Firefox 3+, Safari 3+ or Google Chrome 9+, is required, as well as a reliable connection to the Internet. The Services may work in a limited manner on other web browsers or earlier versions of the previously mentioned browsers. The Services were not designed for use on web browsers other than those recommended above.
Email Compliance and Spam Indemnity
When sending emails using the software and services of Moosend, customers must follow Federal Trade Commission rules under the CAN-SPAM Act (http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business) and equivalent anti-spam legislation in all applicable countries, as well as, the guidelines of Moosend’s Anti-Spam Policy incorporated as part of this Agreement and as amended from time to time.
Email and Permission Practices
Please see our Anti-Spam Policy for further information.
Moosend Ltd, at its own discretion, may immediately disable your access to the Services without refund if Moosend Ltd , in its sole discretion, believes that you have violated any of the email and permission practices described in the CAN-SPAM Act, our Anti-Spam Policy, or the spirit and intent of those documents.
Use of the Services
You will not violate or attempt to violate the security of our website or the Services. You will not hack into the website, Moosend’s computer systems, or the computer systems of other users of the Services. Hacking means unauthorized access, malicious damage, and/or interference, and includes without limitation, mail bombing, propagating viruses, worms, or other types of malicious programs, deliberate attempts to overload a computer system, and broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
Availability of the Website and Services
From time to time, system down-time, either scheduled or unscheduled, may occur. Moosend Ltd will work within reason to ensure this amount of down time is limited. Moosend Ltd will not be held liable for the consequences of any down time.
Moosend Ltd cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release Moosend Ltd entirely of all responsibility for any consequences of its use.
Moosend Ltd will not be liable for failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause that is beyond Moosend’s reasonable control.
The Services may be accessed throughout the world. Moosend Ltd makes no representations that the Services comply with the laws, including intellectual property laws, of any country outside the United Kingdom. If you access the Services from outside the United Kingdom, you do so at your own risk and are responsible for compliance with the laws in the jurisdiction from which you access the site.