Terms & Conditions

Welcome to Moosend’s Email Marketing and Automations platform.

Please read these Terms carefully before using our website or requesting the provision of our Services.

 

February 26th, 2018

Moosend Ltd. and/or any of its affiliates (hereinafter referred to collectively as “Moosend”, “we”, “our” or “us”) provides business owners, website operators, and other individuals with software tools, resources, and services that enable them to create, launch, and manage online email campaigns and contact lists (hereinafter referred to cumulatively as the “Services”).

Our Services are provided subject to the terms and conditions included in the present, which also incorporate by reference our Anti-Spam Policy, Privacy Policy , and other guidelines, rules, or policies that Moosend may from time to time establish and post on its website (hereinafter referred to collectively as the “Terms”).

The host servers we use to provide the Services (hereinafter referred to as the “Servers”) are located exclusively within the European Union (currently in the Netherlands).

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 these Terms.

If you do not accept these Terms and conditions, we kindly request that you exit this website and cease using the Services immediately.

Moosend may post updated versions of these Terms on this website or may otherwise provide notice to you that these Terms have been amended. Moosend will use reasonable efforts to make you aware of any changes to these Terms. Moosend may discontinue and/or restructure and/or amend any or all other aspects of the Services provided at its absolute discretion. All such changes shall become effective upon posting of the revised Terms on the Moosend website.

Your continued use of the Services following any amendment to the Terms will constitute your acceptance of those amendments. If you opt to discontinue using the Services due to any changes to the Terms made under this section, any amounts you may have pre-paid for Services but did not use will not be refunded.

Use of Services and Support

• The Services are offered and are only available to individuals who have the minimum age requirement and/or legal entities which are capable of concluding a legally binding contract under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18 and/or to legal entities which are not lawfully formed. If you do not qualify for these reasons, the use of the Services provided by Moosend is expressly prohibited. By registering and using the Services, you represent that you meet the minimum age requirement and have the legal capacity to accept these Terms and to use the Services in accordance with these Terms.

• The Services enable websites of any organization to register their 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.

• New users must register on the site in order to use the Services and create an account on the website. You must provide true, accurate, current, and complete information as requested in the registration process. As part of the registration process, you are requested to designate an email address, username, and password for your Moosend account.

• You are solely and exclusively responsible for maintaining the security and confidentiality of your account username, passwords, and files. Do not reveal your account information (including your password) to anyone else. We cannot see your password; we can only help you reset it. You are responsible for all uses of your account and for the cost of Services obtained through your account or name. In case of any security breach of your account by any unauthorized third party, you are kindly requested to notify Moosend immediately in writing. Moosend shall not be held liable for any damages and/or losses arising out of any unauthorized use of your account.

• Moosend reserves the right to refuse registration of, or to cancel or suspend accounts for any reason at its absolute discretion at any time and without prior notice, whether temporarily or definitively, without being held liable towards you in this regard, notably in case of a breach of these Terms, or as a result of an injunction by a third party or competent authorities.

• You acknowledge and agree that Moosend  provides 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   will, however, make every reasonable effort to ensure that all email messages sent through our Servers follow industry accepted standards. Moosend  does recommend the W3C HTML standards to achieve the best results.

• Users may use the “contact us” form in order to contact Moosend for any questions or queries. Moosend will exercise its best efforts in order to respond to users within two business days.
Each time a user purchases credits or monthly plan, Moosend automatically generates an invoice with all the necessary details. Users may at any time complete their personal or company’s details in their Account Settings, so that the invoice issued includes the relevant details. Each invoice issued may be found in the user’s account at the left side of the dashboard. Users may download invoices as a pdf file, send them with email or open them as HTML.

Payment plans – Pricing

Moosend provides its Services against payment of a fee which is calculated based on its pricing policy (hereinafter the “Pricing Policy”). The payment of such fee depends on the payment plan that the customer selects. In particular, Services are available on various options including paid recurring monthly plans, pay-as-you-go plans, and free trial for new customers and must me used exclusively for professional use. Following registration on the site, you may select any of these available options.

• Free Monthly Trial. All new customers have the option to sing in on our free trial plan. This plan gives them access to the full extent of our Services for unlimited campaigns but with time and maximum subscribers limitation. Complete details of our free trial term can be found on our pricing page .

• Monthly Recurring Plans. If you opt for our Monthly Recurring Plans we will automatically invoice you each month based on the number of subscribers you have in your mailing lists in your account and by the pricing policy in effect at the time.

• Pay-as-you-go Plan. In the pay-as-you-go plan customers purchase credits against a certain fee and each email sent within the framework of the provision of the Services reduces the relevant customer’s account by one (1) credit. You can buy as many credits as you wish at any time. Credits never expire, unless otherwise indicated.

All prices and fees for the provision of the Services are included in our Pricing Policy. The Pricing Policy may be amended by Moosend at its absolute discretion at any time. The Pricing Policy will be promptly updated with any such change. It is your responsibility to be aware of the fees currently charged by Moosend for the provision of its Services by reviewing our Pricing Policy.

Payments- Financial Terms

• Payment for the Services must be made by a valid credit card, debit card, other electronic payment service, or any other payment method acceptable by Moosend.

• Moosend monitors and meters the number of email messages sent by users and the number of kilobytes of data transferred. Moosend account holders may send as many messages as they wish by purchasing the appropriate number of credits.

• Moosend may charge a fee to renew an account that has been de-activated due to non-payment, untimely authorization for payment, or any other customer’s fault.

• Each time a user purchases credits or monthly plan, Moosend automatically generates an invoice with all the necessary details. Users may at any time complete their personal or company’s details in their Account Settings, so that the invoice issued includes the relevant details. Each invoice issued may be found in the user’s account at the left side of the dashboard. Users may download invoices as a .pdf file, send them with email or open them as HTML.

• Invoices are payable without discount and upon receipt (unless otherwise stated on the invoice).

• Any delay in payment entitles us to immediately suspend access to your account and use of the Services and/or terminate your subscription. All amounts payable are quoted excluding taxes. You are liable for payment of any and all taxes related to the fees payable for the Services, or reimburse us in the event we have paid such amounts, for which you are personally responsible.

Intellectual Property, User Responsibilities and Restrictions on Use

• You acknowledge and agree that the Services, any software, documentation or data related to the Services (hereinafter the “Software”), the Moosend company names and logos, all related product and service names (including domain names), design marks, logos, photographs, and slogans, and all other material, including marketing content, comprising the Software or the Services, are the property of Moosend or its suppliers or other parties that have licensed their material to Moosend (collectively, the “Intellectual Property Rights” or “IPRs”). Unless stated otherwise, all IPRs are protected by virtue of the pertinent provisions of European, US and international copyright, trade mark, patent, trade secret and other intellectual property or proprietary rights laws. Your use of the Services confers no title or ownership in the Services, the Software, or the rest IPRs and is not a transfer or assignment of any rights in the Services, the Software or the rest IPRs. All ownership rights remain with Moosend or its third party suppliers, as the case may be. You are not authorized to use any of the IPRs in any advertising, publicity, or any other commercial manner without the prior written consent of Moosend.

• These Terms constitute an agreement for the provision of the Services. They do not grant a general and unlimited license to use the Software, but only those powers of use required for you to use the Services. Except to the extent that applicable laws dictate otherwise, you may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover or detract the source code, object code, or underlying structure, ideas, or algorithms of the Services, or found at or through the Services or the 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.

• Further, you may not create and / or publish a database that contains significant sections of the Services; you may not introduce the Services in an index, frame or utilize framing techniques to enclose the Services in a website, enter a link for direct access from another site in its internal information, copy the Services to another server by creating image and promise rights towards any third party as of deriving from the Services. Besides, the undertaking of any actions aiming at bending or violating the security rules or terms of content use that are stipulated, applied or dictated by any kind of operability is inadmissible. You may not use the Services for accessing, copying, transferring, encoding or retransmitting content in violation of any law or any right of Moosend or third parties, as well as you may not remove, conceal or counterfeit the copyright notices, the trademark notices or notices of any kind of other exclusive rights of Moosend or third parties that are attached or included or accessed in combination with the Services or by means thereof. You must not access or use for any commercial purposes any part of the Services or any tools or materials available through the Services.

• It is Moosend’s standard principle of its policy to respect and protect the intellectual property rights of third parties. If you deem that through the Services any proprietary rights are being infringed, you may contact Moosend, by sending an email to privacy@moosend.com.

• By accepting these Terms, you represent, covenant, and warrant that you will use the Services only in compliance with these Terms and all applicable laws as each time in force, including but not limited to policies and laws related to unsolicited communications, spamming, privacy, obscenity, or defamation. You agree that you will not access or otherwise use third party mailing lists or compile mailing lists through email harvesting in connection with preparing or distributing unsolicited emails to any third party. You also agree to indemnify and hold harmless Moosend against any and all 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. In addition, you acknowledge that you are responsible for the content of any emails or messages sent while using the Services. Although Moosend has no obligation to monitor or review the content provided by you or your use of the Services, Moosend has the right to do so, for the purposes of providing the Services to ensure compliance with these Terms, and to comply with any applicable law or other legal requirements. Moosend reserves the right, but is not obligated, to remove or disable access to any such content, at any time and without notice, at its absolute discretion in any case, indicatively mentioning the case Moosend considers any content to be objectionable or in violation of these Terms. Moosend has the right to investigate violations of these Terms or conduct that affects the provision of the Services. Moosend may also consult and cooperate with law enforcement authorities to prosecute users, who violate the law.

• Our Services may only be used for lawful purposes. Transmission or solicitation of any material that (i) violates, any applicable law or regulation or would give rise to civil or other liability; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances; or (vii) violates intellectual property laws or a third party’s intellectual property rights is prohibited.

• While using the Services, you may provide personal information, such as your name or contact information. Moosend 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 will not use your mailing lists or any other customer information for any purposes other than those related to the efficient provision of the Services. We don’t share, sell, rent, or loan, your customer information with any other party. In addition, Moosend will not use your customer information for the purpose of sending unsolicited commercial emails.

• In your use of the Services, you shall maintain a policy that complies with all applicable privacy laws and that is at least as rigorous as our Privacy Policy (as such is each time in force). You acknowledge represent and warrant that all personal information that you provide to us has been collected based on the relevant data subject’s consent or on any other applicable legal basis in your jurisdiction, and that you have informed the data subject of the purpose for which that information was collected, and that you may provide this information to us for the purposes of use in relation to the Services. You acknowledge and agree that we may store the personal information you provide to us on our Servers, and you warrant and represent that you have obtained the consent of the relevant data subject to the storage and transmission of their personal information in this manner.

• 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 emails (sometimes called “spam emails”). Please refer our Anti-Spam Policy that constitutes an integral part of these Terms for further information.

• All rights not expressly granted are reserved.

• The Services may contain links to World Wide Web sites or resources, owned or operated under the supervision of third parties other than Moosend (hereinafter referred to as “Linked Sites”). Linked Sites are provided only for your convenience. Moosend does not control and is not responsible for the operation, content, privacy policies or the security of such sites nor is it connected with their operators. You are responsible for reading and complying with the privacy statements and terms of use posted on these Linked Sites.

• Moosend does not endorse, does not make any warranties and is not responsible for any data, software or other content and products or services available from Linked Sites or resources. You acknowledge and agree that Moosend shall not be held liable, directly or indirectly, for any damage or loss relating to the use of or reliance upon such data, software or other content.

• Where the Services refer through “links” or “hyperlinks” to Linked Sites, the owners and/or operators of these sites bear full (civil and criminal) responsibility for the security, legitimacy and validity of their site content, to the exclusion of any liability of Moosend. Indicatively, the Provider is not responsible, if the websites of third parties violate third party rights, if they are not safe or they are inaccurate, incomplete or misleading or if they contain viruses or other destructive programs. Visiting and accessing these Linked Sites occurs at your own responsibility and risk, without any involvement or liability of Moosend.

• Moosend does not store credit card details and it does not share customer details with any third parties, unless it is necessary for the provision of the Services or for billing purposes.

Reselling and Subcontracting the Services

Resale of the Services by you to third parties (hereinafter referred to as “Your Customers”) is permitted subject to the following conditions:

• Granting access to, and use of, the Services by Your Customer:

(a) does not in any way diminish your strict obligation to ensure compliance with these Terms; and

(b) does not in any way diminish Moosend’s right to enforce these Terms, without being liable for any reason towards you or Your 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 rigorous than these Terms;

(b) Make available to Your Customer a Privacy Policy that complies with your local law and is no less rigorous in terms of your obligations to Your Customer than Moosend’s Privacy Policy in relation to Moosend’s customers;

(c) In the event that Your Customer transfers personal data out of the European Economic Area directly to the Servers, ensure that the Data Sharing and Transfers Clause, as same is provided in Moosend’s Privacy Policy , form part of your contractual relationship with Your Customer; and

(d) Provide all customer relationship management, including first level support services regarding the Services, to Your Customer.

You hereby agree to indemnify and hold harmless Moosend from and against all costs, expenses, losses whether actual or consequential, 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 the 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 does not charge an additional fee for use of the Service by Your Customers. Moosend 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.

Termination of accounts and data deletion

• You may terminate these Terms at any time by contacting us through email at privacy@moosend.com, live chat, 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 these Terms.

• Moosend may terminate these Terms or the provision of Services at any time with or without cause and with or without notice. Moosend shall have no liability towards you or any third party due to such termination. In case we terminate these Terms without cause we will issue a prorated refund about the remaining days your monthly plan or all of your unused credits. In case Moosend terminates these Terms due to any breach of these Terms or any applicable laws, no refund will be issued.

• 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 will flag that account as inactive. Inactive accounts have 30 days to become active or otherwise they are terminated.

• Moosend will not delete any of your archived data for 30 days following the date of termination. You are solely responsible for observing any statutory data retention requirements in your jurisdiction with respect to your business correspondence. All sections of these Terms that, by their nature, should survive termination will survive termination, including without limitation, ownership, warranties, disclaimers, limitations of liability, governing law and jurisdiction.

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 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 disclaims all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Moosend to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for Moosend to either (at its absolute discretion) perform the Services again or provide you with a refund for the amount you actually paid to Moosend for the relevant Services.

Limitation of Liability

To the maximum extent permitted by law, under no circumstances shall Moosend Ltd or any of its affiliates, and/or subsidiaries, underlying service providers, business partners, information providers, account providers, licensors, employees, officers, managers, directors, contractors, distributors or agents (collectively referred to for purposes of this section as “Moosend”) be liable to you or to 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 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 is held liable towards 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 towards you will be limited to:

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.

Miscellaneous

• If any part or provision of these Terms is found to be invalid, unenforceable or void, that part or provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

• Moosend and you agree that these Terms are 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 Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

• Failure or delay on the part of Moosend in exercising any right or remedy hereunder or enforcing these Terms shall not operate as a waiver thereof.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Moosend.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

• No agency, partnership, joint venture, or employment is created as a result of these Terms and the provisions of the Services, and you do not have any authority of any kind to bind Moosend in any respect whatsoever.

• In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover its costs and attorneys’ fees.
These Terms shall be governed by the laws of United Kingdom. Any claim in connection with these Terms either in contract or in tort shall be brought before the competent courts of London, England.

System Requirements

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.

Moosend excludes any liability for damage or loss suffered as a result of the inadequacy, dysfunction or incompatibility of your equipment with the Services and/or your failure to implement reasonable and necessary protection against harmful programs, devices or communications. Moosend excludes any liability for any disruption, damage and/or loss of data to your computer system as a result of downloading files from its web site, or from any external web site or document reached by using a hyperlink from within its web site.

Data ownership

By accepting these terms we agree that all of the data in your emailing lists that We use, process, and store , on your behalf or at your request are and shall remain your property. We are authorized to use the Data in in accordance with our Privacy Policy.

You are responsible to comply with all applicable laws and regulations to the processing of personal data in the country where they are collected, including, if applicable, European General Data Protection Regulation 2016/679 (GDPR).

For the avoidance of doubt, the Services are not intended for the processing of sensitive personal data. Therefore, uploading and processing of sensitive personal data through the Services without a written permission by Moosend is not allowed. Moosend reserves the right, but is not obligated, to remove or disable access to any such sensitive data, at any time and without notice, at its absolute discretion in any case, indicatively mentioning the case Moosend considers that this term has been breached.

Email content Compliance and Spam Indemnity

You must not use the Services to distribute illegal contents, 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 contain in whole or in part content that we deem inappropriate. Examples of such content include, but are not limited to nudity, pornography, obscenity, gambling-related topics, pharmaceutical-related topics, illegal software of any kind, promotion of weapons, drugs or other illegal activities viruses or any other program designed to cause damage to any system or steal unauthorized data, loans, financial opportunities, complete bank account or credit card information chain letters, work at home opportunities, become millionaire, escort and dating services, forex, online trading, any person’s social security number, individually identifiable health or health insurance information.

When sending emails using the software and services of Moosend, customers must comply with any applicable legislation pertaining to unsolicited communications and spam emails , as well as, the guidelines of Moosend’s Anti-Spam Policy attached to the present as annex and constituting an integral part of these Terms and as each time in force.

Email and Permission Practices

Please see our Anti-Spam Policy for further information.

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 will work within reason to ensure this amount of down time is limited. Moosend will not be held liable for the consequences of any down time.

Whilst every reasonable effort is made to ensure all the file attachments available to download directly from or via the Services are virus-free, we strongly recommend good practice in the use of up-to-date, professional standard anti-virus software when browsing and downloading files from any web site. Moosend 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 entirely of all responsibility for any consequences of its use.

Force Majeure

Moosend will not be liable for failure in the performance of obligations under these Terms by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause that is beyond Moosend’s reasonable control.

Law Compliance and overseas Access

The Services may be accessed throughout the world. Moosend 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 as well as to which you send emails to.

Assignment

Moosend reserves the right to assign any of its rights and obligations arising out of the present to any third party, without any prior consent or approval.

Moosend LTD
Tallis House, 2 Tallis Street
EC4Y 0AB, United Kingdom
VAT: GB 216931118

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