You acknowledge and agree that ElasticSendy may occasionally send you communications regarding your account or the Service via email.
Accounts, Passwords, and SecurityYou must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.
Appropriate Email PracticesAll email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely never acceptable or allowable to use a list that has been purchased, rented or from a third-party. ElasticSendy reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.
Appropriate contentWe allow sending only relevant content, which is requested by subscribers and corresponds to
CAN-SPAM Act. You can send newsletters using ElasticSendy only if content is created by you (or you have the right to use it).
Multiple account abuseCreating multiple accounts with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.
Limitation of LiabilityIn no event shall ElasticSendy be liable for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.You are not allowed to use our tracking/campaign preview links when sending mails with other services than ours. Repetitive reports about this may lead to account suspension.
Termination of ServiceWe reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty.
RefundsWe are required to provide a refund only if we terminate our Services to you without cause before the end of a year for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We do not provide refunds if your account is suspended because of violation of our Anti – Spam Policy or Terms of Service. We do not refund if it turns out that you’re sending (or going to send) newsletters without having permission from your subscribers. We may offer partial refunds in case there is an excessive usage of the service which will be considered as fair usage. We may, at our sole discretion, offer full or partial refunds in other situations subject to any member seeking such refund (applying for the refund) in accordance with the requirements we post on the website, which may be changed from time to time.
Intellectual PropertyElasticSendy claims no intellectual property rights over the material you provide to the Service. You acknowledge that ElasticSendy owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
ConsentEmails are only sent to receivers who have given their consent to receive these emails according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) - (opt in) - or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met.The consent to receive advertisements through email has to be given separately. The receiver must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions).The receivers must give their consent actively through a conscious act. Preclicked/pre marked boxes may not be used.
E-mail formatThe contracting entity- that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. The ‘about us’ section shall contain the following information: Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with, as well the appropriate registration number. Contact information, at least a valid telephone number or an electronic contact form, as well as email address.If there is a value added tax identification number according to section 27a of the value added tax act or a business identification number according to section 139c of the tax code, this number shall be provided. Further reaching information obligations, for example according to section 5, paragraph 1 of the Telemedia Act (Telemediengesetz –TMG) remain untouched. Each email must contain an option to withdraw permission to send any further emails. Cancellation must be possible for the receiver, without having to know access data (such as login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly. Neither the sender nor the commercial character of the message may be obscured or concealed in the header or the subject header of the email. Obscuring or concealing is taking place when the header and subject header are composed in such a way that the receiver cannot get any or can get only misleading information about the actual identity of the sender or the commercial nature of the message before the message is opened and read.The sender must remove email addresses from the mailing list after three hard bounces.The customer has to name a contact (name/phone number/e-mail address) for complaints. Response time for complaints must not exceed 24 hours on business days. When using email addresses that the sender or his customers received from third parties, the sender or his customer is obligated to make sure before the advertisement action is taken that only receivers who have given their consent according to these criteria are emailed; a consent that not only refers to mailings sent by a third party but also by the sender himself or the sender’s customer.The retrieval of address data for third parties (such as through co sponsoring) should be transparent to the user. More so, address data retrieved in such a way should only be used for a mailing if:
a) The companies for which the address data is generated were named individually, transparently, and categorized by industry.
b) The access to the list of companies was clearly possible and easy for the users.
c) the number of companies or persons for whom the address data was collected is reduced in a way that excludes the forwarding of user data to an unreasonably large circle of third parties and that allows the user to easily comprehend the consequences and the extent of his consent as well to easily control the legal handling of his data.
For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.