Terms of Use
By accessing and using Mail in Waves (the "Service"), you agree to be bound by these Terms and Conditions (the "Terms"), as well as our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Service.
Eligibility
To be eligible to use the Service, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.
Account Registration
To use the Service, you must create an account. You are responsible for providing accurate, current, and complete information during registration and for updating it as necessary. You are also responsible for maintaining the confidentiality of your account and password and for any activities that occur under your account.
Content and Data
You retain ownership and intellectual property rights in the content and data you upload or otherwise provide to the Service. However, by using the Service, you grant Mail in Waves a non-exclusive, royalty-free, worldwide license to use, store, reproduce, modify, distribute, and display your content and data solely for the purpose of providing the Service.
Acceptable Use
You agree not to use the Service in any unlawful manner or in any way that could harm, disable, or impair the Service. You also agree not to use the Service for spamming, phishing, or distributing any malicious content.
Payment
Mail in Waves offers various subscription plans for the Service. By signing up for a subscription, you agree to pay the applicable fees and taxes. We reserve the right to change our pricing and billing terms at any time. You are responsible for any charges related to the use of the Service under your account.
- Billing Cycle:Subscription fees are billed on a recurring basis, either monthly or annually, depending on the plan you have selected. Your billing cycle will begin on the date you sign up for the Service, and you will be charged automatically at the beginning of each subsequent billing cycle unless you cancel your subscription.
- Price Changes:Mail in Waves reserves the right to modify its pricing and billing terms at any time. Any changes will become effective upon posting or as otherwise specified in the notice. By continuing to use the Service after any changes take effect, you agree to be bound by the new pricing and billing terms.
- Refunds:Unless required by law or expressly provided in these Terms, all fees paid for the Service are non-refundable. No refunds will be issued for partial use of the Service or for unused subscription periods.
Unsubscribe
Allowing recipients to easily unsubscribe from your list is not only best practice, it's a requirement of using our application. In this article, we'll explain how unsubscribe links work, and how to add them to your emails.
How it works When your campaign is sent, the unsubscribe tag in the email is replaced with a unique link for each subscriber. If a recipient clicks the unsubscribe link, our software tracks the click to the subscriber whose status is changed from active to unsubscribed.
The subscriber will also be added to your suppression list and unsubscribed from any other lists in your account, unless you have changed your list's default unsubscribe settings.
Adding unsubscribe links to emails An unsubscribe link is automatically included if you're using our email builder templates. For custom coded HTML or plain text campaigns you must include our unsubscribe tags, as explained below.
Plain text and email builder emails For custom coded campaigns or templates, the tag automatically generates a personalized unsubscribe link for each recipient.
You can customize the text for your unsubscribe link by including text between the opening and closing tags.
Termination
Mail in Waves reserves the right to suspend or terminate your access to the Service if you violate these Terms or if we believe, in our sole discretion, that your actions could cause harm to the Service or its users.
Prohibition of Spam and Bounces
- SpamYou agree not to use the Service to send unsolicited emails, also known as spam. You are responsible for ensuring that your email campaigns comply with all applicable laws and regulations, including but not limited to the CAN-SPAM Act, the European Union General Data Protection Regulation (GDPR), and the Indian Information Technology Act. Mail in Waves reserves the right to monitor your account for compliance and may suspend or terminate your account if we determine, in our sole discretion, that you are sending spam.
- Bounces:You are responsible for maintaining the quality of your email lists and ensuring that your recipients have provided their consent to receive emails from you. If your account generates an excessive number of bounced emails or complaints, Mail in Waves reserves the right to suspend or terminate your account. It is your responsibility to monitor your bounce rates and take appropriate action to maintain a healthy email list.
Consequences of Spam and Bounces
- Account Suspension:If we suspect that you are sending spam or generating excessive bounces, Mail in Waves may suspend your account without prior notice. During the suspension, you will not be able to access the Service, and we may require you to provide additional information or take corrective actions before reinstating your account.
- Account Termination:If we determine, in our sole discretion, that you have violated our spam and bounce policies, we may terminate your account without prior notice. Upon termination, you will lose access to the Service and all related data, and you will not be entitled to any refunds of fees paid.
- Legal Actions:In addition to account suspension or termination, Mail in Waves reserves the right to pursue any and all available legal remedies against users who violate our spam and bounce policies. This may include reporting the violation to the relevant authorities and seeking damages for any harm caused by the violation.
Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Mail in Waves does not warrant that the Service will be error-free, uninterrupted, or secure.
Limitation of Liability
To the maximum extent permitted by law, in no event shall Mail in Waves or its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Service.
Indemnification
You agree to indemnify and hold harmless Mail in Waves and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Service or any violation of these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be settled amicably through negotiation. If the parties fail to resolve the dispute within thirty (30) days, the dispute shall be referred to and finally resolved by arbitration under the rules of the Indian Arbitration and Conciliation Act, 1996.
Changes to Terms
Mail in Waves reserves the right to modify or update these Terms at any time, and any changes will become effective upon posting. By continuing to use the Service after any changes are made , you agree to be bound by the revised Terms. It is your responsibility to review these Terms periodically for updates or changes.
Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable, and the remainder of these Terms shall remain in full force and effect.
Force Majeure
Mail in Waves shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, or interruptions in telecommunications, power, or internet services.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mail in Waves concerning the use of the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to the subject matter hereof.
Contact Information
If you have any questions, concerns, or comments about these Terms or the Service, please contact us at: support@mailinwaves.com or use our contact form here.