Terms and Conditions

This Email Services Agreement ("Agreement") is a binding and enforceable legal agreement between You the user, together with any company or other business entity You are representing, if any, and Go-Mailer Limited and/or its affiliates ("Go-Mailer"). "Services" means the provision of electronic access to and use of email marketing software ("Software") and related services, including technical support. "You" or "Your" refers to the person, entity or organisation using software provided by Go-Mailer, and any successor or assignee thereof.

Use

You may use the Services only for Your own internal purposes and business operations. You may not use the Services as a service for any third party, unless you are part of Go-Mailer's authorised reseller programme. Go-Mailer does not grant licence or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute the Services, in whole or in part, except as expressly provided by this Agreement.

Confidentiality

You acknowledge that the Services and any other information provided to You by Go-Mailer incorporate confidential and proprietary information ("Confidential Information"). You will take all reasonable precautions necessary to safeguard the confidentiality of that information.

Indemnification

You shall indemnify and hold Go-Mailer and its affiliates, officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, losses, damages, liabilities, costs or expenses caused by or arising in connection with a breach of any of Your obligations under this Agreement.

Your Representations and Warranties

You represent and warrant to Go-Mailer that:

1. No information or content delivered by You or any of Your affiliates to Go-Mailer will infringe on any copyright, trademark, patent, trade secret or other proprietary right held by any third party.
2. You will not use the Services in a manner that violates any law or regulation. Neither You nor any of Your affiliates will use the Services to transmit any unlawful, fraudulent, defamatory, obscene, pornographic, threatening, abusive or otherwise objectionable information of any kind.
3. Each list of email addresses provided to Go-Mailer by You consists solely of intended recipients who have opted in to receive communications from You ("Permission-Based Lists").

Email, Permission Practices & Prohibited Content

Subscriber opt-out

Every email message transmitted by the Services must contain an "unsubscribe" link that allows subscribers to remove themselves from Your mailing list and a link to the current Go-Mailer Privacy Policy.

Permission practices

You agree to import, access or otherwise use only Permission-Based Lists. You cannot mail to distribution lists, newsgroups, or unsolicited email addresses.

CAN-SPAM compliance

You shall use the Services only in compliance with this Agreement, the federal CAN-SPAM Act of 2003, and all other applicable laws.

Footers

Unless you are part of Go-Mailer's authorised reseller programme, Go-Mailer may add an identifying footer to every email message transmitted by the Services.

Images

Images hosted by Go-Mailer may only be used in connection with the Services and for no other purpose whatsoever.

Prohibited content

Go-Mailer prohibits use of the Services by any person or entity that provides, sells or offers to sell illegal goods, pornographic content, or any materials that exploit children.

Right to disable access

Go-Mailer, at its sole discretion, may immediately disable Your access to the Services without refund if Go-Mailer believes You have violated any policy in this Agreement.

Outage Policy

Go-Mailer does not warrant that the Services will be uninterrupted or error-free. Go-Mailer may occasionally experience outages due to internet disruptions outside its control.

Proprietary Rights

Go-Mailer's rights

All trademarks, service marks, patents, copyrights, trade secrets, and other proprietary rights in or related to the Services are and will remain the sole and exclusive property of Go-Mailer or its licensors.

Your rights

Go-Mailer does not claim ownership of the content You provide through the Services. You will retain all applicable copyright and other intellectual property rights in Your content.

Data Privacy and Security

Go-Mailer utilises reasonable physical, electronic and procedural safeguards to help protect against the loss, misuse, disclosure and alteration of Your content or data.

Charges and Billing

Go-Mailer uses an email credit system ("Pay as You Go Credits"). You may review current rates in your account prior to purchase. Credits roll over each month and have no cash value.

Go-Mailer reserves the right to change any fees at any time with reasonable prior notice.

Disclaimer of Warranties

Limitation of Liability

Customer Support

Go-Mailer offers live chat and email support at no additional charge, limited to technical questions only.

Termination

You may terminate this Agreement by closing your Go-Mailer account. Upon confirmation, You will forfeit all credits and any other amounts accruing to You.

Go-Mailer may, in its sole discretion, terminate, disable or suspend Your account at any time and for any reason, including breach of this Agreement.

Third Party Beneficiary

Gibigate Limited ("Gibigate") shall be deemed a third party beneficiary under this Agreement and You shall be liable to Gibigate for any damages arising from Your breach hereof.