Terms of Service

Last updated: December 20, 2024

These Terms of Service govern your use of Call4Mail's website and services. By using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By accessing and using Call4Mail's website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Call4Mail provides email marketing services including but not limited to:

  • Email campaign strategy development
  • Marketing automation setup and management
  • Email template design and optimization
  • Analytics and performance reporting
  • List management and segmentation
  • Deliverability optimization
  • Consultation and advisory services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to clients.

3. User Responsibilities

As a user of our services, you agree to:

  • Provide accurate and complete information when requested
  • Maintain the confidentiality of your account credentials
  • Comply with all applicable laws and regulations
  • Respect intellectual property rights
  • Not use our services for illegal or unauthorized purposes
  • Not send spam or unsolicited communications
  • Obtain proper consent for email marketing activities
  • Maintain accurate and up-to-date email lists

4. Prohibited Uses

You may not use our services for:

  • Sending spam, unsolicited emails, or bulk communications without consent
  • Promoting illegal activities, hate speech, or discriminatory content
  • Distributing malware, viruses, or harmful code
  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Impersonating others or providing false information
  • Attempting to gain unauthorized access to our systems
  • Interfering with the proper functioning of our services

5. Payment Terms

Payment terms are as follows:

  • Services are billed monthly in advance unless otherwise agreed
  • Payment is due within 30 days of invoice date
  • Late payments may incur additional fees
  • Services may be suspended for non-payment
  • All fees are non-refundable unless otherwise specified
  • Prices may change with 30 days' written notice

6. Cancellation and Termination

Either party may terminate services under the following conditions:

  • 30 days' written notice for standard cancellation
  • Immediate termination for breach of terms
  • Immediate termination for non-payment
  • Upon completion of project-based work

Upon termination, you will receive any work completed up to the termination date. We will provide reasonable assistance in transitioning services to another provider.

7. Intellectual Property

Intellectual property rights are allocated as follows:

  • You retain ownership of your content, data, and brand materials
  • We retain ownership of our proprietary methods, tools, and processes
  • Work product created specifically for you becomes your property upon full payment
  • We may use anonymized data for improving our services
  • Neither party may use the other's trademarks without permission

8. Confidentiality

We maintain strict confidentiality regarding your business information, customer data, and proprietary information. We will not disclose confidential information to third parties without your consent, except as required by law or as necessary to provide our services.

9. Limitation of Liability

Our liability is limited as follows:

  • Total liability shall not exceed the amount paid for services in the preceding 12 months
  • We are not liable for indirect, incidental, or consequential damages
  • We are not responsible for third-party platform outages or issues
  • Results are not guaranteed, though we strive for optimal performance
  • You are responsible for backing up your data

10. Warranties and Disclaimers

We provide our services "as is" with the following warranties and disclaimers:

  • We warrant that services will be performed with professional skill and care
  • We do not guarantee specific results or performance metrics
  • We disclaim all other warranties, express or implied
  • Email deliverability depends on factors beyond our control
  • Third-party platform functionality is not guaranteed

11. Indemnification

You agree to indemnify and hold Call4Mail harmless from any claims, damages, or expenses arising from your use of our services, violation of these terms, or infringement of third-party rights. This includes reasonable attorney fees and court costs.

12. Governing Law

These terms shall be governed by and construed in accordance with the laws of the jurisdiction where Call4Mail is incorporated, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration or in the courts of competent jurisdiction.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14. Severability

If any provision of these terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

15. Changes to Terms

We reserve the right to modify these terms at any time. Material changes will be communicated with 30 days' notice. Continued use of our services after changes constitutes acceptance of the new terms. We encourage you to review these terms periodically.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Call4Mail

Email: [email protected]

General Inquiries: [email protected]

Phone: +1 (234) 567-8900

Acknowledgment

By using Call4Mail's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute the entire agreement between you and Call4Mail regarding the use of our services.