CoreSender™ Service Terms and Conditions

GENERAL TERMS

These Terms and Conditions (“Terms”)define the rules of use for the CoreSender™ service (“Service”, “We”) which is the property of GLOBAL EMAIL SOLUTIONS LTD, based at 590 Kingston Road, London, SW20 8DN, Great Britain, registration number 10696894 and oraz GLOBAL EMAIL SOLUTIONS SP. Z O.O., UL. WIELKA ODRZAŃSKA 282, SZCZECIN 70-535, POLAND, KRS: 0000561120. The first condition to use the Service as a User is to read and accept these Terms as presented below. When you (“User”, “You”) accept the Terms, You enter into a legally binding contract with GLOBAL EMAIL SOLUTIONS LTD. and GLOBAL EMAIL SOLUTIONS SP.Z O.O. We reserve the right to refuse to conclude a contract with the User for any reason, particularly in cases where the User has been removed from the Service in the past due to a violation of the Terms. If the User decides not to accept the complete Terms presented below, he / she can not use the Service. The Service is intended only for Users who are themselves entrepreneurs and purchase access to the Service for purposes directly related to their business or professional activity.

Account

In order to use the Service, including the management of email marketing campaigns, the User is required to set up an individual account on the CoreSender™ Platform (“Account”). Access to the Account is permitted through the use of a login and password for each User. The User is obligated to keep their login details secret. The User is responsible for any consequences related to the use of their Account. This relates to any Account with so-called multi-users.

Trial accounts

The free trial version of the Service (“Free Trial Accounts”) is made available for a fixed period of 30 days and permits the User to build a Subscriber List for up to 1000 contacts. Free Trial Accounts may also be subject to other restrictions. The User is permitted to only one Free Trial Account. The User may, at any time, change the Free Trial Account to a paid version of the Service. Free Trial Accounts which are not converted to a paid version of the Service during the trial period and/or within 60 days of Account expiration will be permanently deleted.

Domains

We recommend that you verify the accessibility of your chosen domain or subdomain so that the use of your domain name or subdomain does not violate the rights of third parties. The Service does not carry out such verification and can not be held accountable for any domain violation caused by the User. We reserve the right to block, cancel or change the name of a domain or subdomain chosen by the User, especially if we are requested to do so by a court of law or other public authority, or due to infringement of third parties or CoreSender.

Third party services

The User may integrate their Account with certain third party services. Third party services are not provided by CoreSender. The possibility of using third party services may be limited based on the terms and conditions of these entities. Upon integration with a third-party service, the User agrees to exchange information and User data between CoreSender™ and the third party (including confidential information) in order to enable the User to fully benefit from the integration. Any and all referrals to third party services or websites which can be found on our websites are placed specifically for the convenience of the User. We do not have control over or endorse any materials or information on the pages of these third parties.

TECHNICAL REQUIREMENTS

We strive to ensure continuous accessibility to the Service on the latest official versions of Internet Explorer, Mozilla Firefox, Google Chrome and Safari. To use the Service, the User is expected to have a device allowing access to the Internet, which includes a program for browsing its resources, in addition to having a plug-in which accepts Flash technology, accepts “cookies” and is JavaScript enabled. The User is also required to have an authentic email account. The User acknowledges and accepts that the quality of files sent, published or otherwise made available through the use of the Service may differ from their sources due to any necessary adaptations to the standards and parameters of data transmission, networks or devices involved in the transfer according to the CoreSender™ Platform requirements.

USING THE SERVICE

Upon creating an Account and accepting the Terms, the User:

Upon acceptance of the Regulations, you entrust CoreSender™ with the processing of personal data necessary to provide the Service on the terms specified in the Data Processing Agreement, which forms an integral part of the Terms. The contract is also available at any time for download in the User’s Account.

PAYMENT

The service is made available for period of subscription selected by the User on the basis of principles set out in the negotiations. The User is required to pay the fees for use of the Service and any add-ons in accordance to the payment option chosen by the User.

PROHIBITED USE

Klient nie może korzystać z Usług w żaden sposób, celowo bądź nieumyślnie, prowadzący do naruszenia przepisów prawa, dobrych obyczajów, postanowień niniejszego Regulaminu, Polityki Anty-Spamowej CoreSender, jak również prawa własności intelektualnej lub innego prawa osób trzecich lub które w inny sposób są lub mogą być szkodliwe dla naszego biznesu, marki lub reputacji. Zasada ta odnosi się również do Treści Klienta i Uczestników. Przykłady niedozwolonych praktyk:

The User may not use the Service in any way, deliberately or unintentionally, in violation of the law, good business practice, the Terms, the CoreSender™ Anti-Spam Policy, as well as, the intellectual property or other rights of third parties which can cause harm to our business, brand or reputation. This rule also applies to the Content of the User and any Participants. Examples of prohibited use:

  1. sending spam (unsolicited commercial information);
  2. use of purchased, borrowed, or stolen mailing lists not created legitimately by the User;
  3. uploading, publishing, or the placement in emails or on landing page(s), storing, sending to, transmitting or otherwise sharing Content which:

    • infringes another party’s property, especially copyright, industrial property rights, business or trade secrets,
    • is obscene, offensive, harassing, slanderous, pornographic, fraudulent, in violation of privacy or otherwise violate applicable CoreSender™ laws or policies (in particular the Privacy Policy and Anti-Spam Policy),
    • relates to pornography, adult material, racism, or other material or content that may be offensive to another person,
    • contains harmful content, such as those that contain viruses, including Trojans, worms, logic bombs, cancel bots, spy-ware, or other files, software or technologies that are designed or intended to interfere with, damage, intercept or misappropriate services, systems, programs, data or limit the operation of software, hardware or devices,
    • damages or gains unauthorized access to all data and other information of third parties,
    • impersonates another person, in particular our employee or representative;
  4. uses the Service to persuade minors to purchase goods or services;

  5. uses the Service to influence the recipient’s subconscious;

  6. adding, deleting or modifying the header identifying the sender in such a way as to confuse or mislead the recipient;

  7. impersonating or attempting to impersonate other individuals or entities (including one of our employees or agents) or the Service by forging a header or other identifying information, such as your name, nickname, domain name or email address. The use of anonymous remailers or pseudonyms is not personifying;

  8. modifying, copying, reproducing, presenting, licensing, selling, exercising copyrights, exploitation or other use of the Service (or any aspects of it), including materials made available in Multimedia Studio, in a manner that goes beyond the authorization granted by the Service in this regard, even if these materials have been made available to the User free of charge, as part of a selected Subscription Plan or for an additional fee. In particular, it is not permitted to use the Service (or any aspect of it) or use materials provided by CoreSender™ or created as part of the use of the Service (or any part of it) in any way outside of those required in using the Service. The above prohibitions apply to all materials made available by CoreSender™ or created as part of the use of the Service (or any aspect of it), regardless of whether they are free or paid materials, standard or custom-made.

  9. using the Service in contradiction to its intended purpose, and, in particular, to hacking or phishing, passwords or card data for illegal purposes, including the use of automated scripts for completion of forms made available as part of the Service;

  10. creating domain names or subdomains for a landing page(s) using vulgar or offensive words, brand names, other names that the User is not authorized to use or otherwise violate the rights of third parties;

  11. using the Landing Pages Wizard to create websites for third parties;

  12. using the tools or resources of the Landing Page or Multimedia Studio for landing page design(s), which would then be placed on the Internet through other services than the Landing Page Wizard;

  13. using the Service, in particular landing page(s) created with the Landing Page Wizard to promote or advertise our competitors or their services or products;

  14. bullying, insulting, defamation, slander, misleading, and the use of universally offensive terms when contacting CoreSender™ employees and representatives.

  15. taking other actions, which we determine to be detrimental or harmful to our employees, representatives, our business, reputation, goodwill.

  16. taking actions which limit the ability of our other clients to use the Service or other our services effectively.

  17. using materials that we provide to clients (in particular through Multimedia Studio) in order to express support for a political party, candidate, official or political opinion, as well as, to present a sick person, taking drugs or having physical or mental disability.

The User may not use hardware or software that may damage or disrupt the proper functioning of the CoreSender™ Platform, nor to capture any system data from the CoreSender™ Platform or any website owned or controlled by CoreSender. The User can not perform any action(s) that cause unreasonable or disproportionately high internet server usage or drastically affect the CoreSender™ infrastructure. Please be advised that we do not monitor or control the activities of the User when using the Service. However, we do reserve the right (regardless of other rights resulting from the Terms) to stop the publication, delete any Content (as defined in the Content section below), suspend an email marketing campaign or Webinaru, block the User’s landing page, block access to all or part of the Service, with or without notice at our discretion and subject to the applicable legislature, if we receive information or reasonable suspicion that the activities of the User, a Participant or the Content violate either the law, our policies, these Terms, third party rights. The aforementioned applies to any other Content which we deem to be undesirable. In the above-described situations, we are not liable for any judicial or other measures taken upon the User. The User may not use the Service to promote, in any way, products, services or content related to financial products and services that are often associated with misleading or fraudulent promotional practices (e.g. Initial Coin Offerings ICO or binary options). Products and services related to cryptocurrencies can not be promoted without the prior written consent of CoreSender.

PROPER USE OF SERVICE

Using the Service in the way it was intended ensures a high standard and ongoing efficiency for thousands of our clients. This is why it is important for all Users to comply with our principles for proper use of the Service to ensure that all parties involved are equally satisfied. We confirm that all tools and services available and marked for “unlimited” use are and will remain “unlimited” when used in accordance to these principles. This allows us to not impose any restrictions, such as email sending limits amount of published landing pages. We have however identified certain abuse parameters to help ensure that any excessive use of certain features will not adversely affect the use of the Service by other clients or the effectiveness of their campaigns. These parameters go far beyond the standard use of the Service and will not affect the vast majority of our clients. They will only be used in situations of excessive use of the Service, leading to an overbearance of our servers, which will have a negative impact on the use of the Service by other clients. In such a case, our team will immediately inform the User of any excessive usage they have imparted while using the Service. We will also advise you on how to use the Service in a manner consistent with the Terms and the User’s selected Subscription Plan. If you continue to use the Service in an excessive manner, we reserve the right to suspend or block access to the Service in whole or in part or terminate the Agreement with immediate effect. Any such cases will be determined by our team on an individual basis at our complete discretion. In the above-mentioned cases, the User will not be entitled to demand reimbursement of any payments paid to us.

CONTENTS

The User is fully responsible for all information, data, texts, graphics, logos, videos, audio files or other materials and works that they publish, upload, transmit or otherwise make available through use of the Service, specifically any content or material which appears on the User’s landing page, or Webinars even if they are published or loaded by other Users or Participants on the User’s page (“Content”). This responsibility also includes Content that links to other websites or resources or other services provided by third parties that the User partakes in. We do not claim any rights to the Content and we assume that the rights and titles to the Content are vested in the User (or their Clients / Participants), with the exception of content from our resources, including Multimedia Studio and our template collection. The User agrees that we present the landing page(s) and the User in our marketing materials, in particular in the case study prepared by us. We grant the User the right to use the resources provided by us only to use the Service and add-ons for their intended purpose, regardless of whether the User has obtained access to these materials free of charge or for a fee, as part of their paid subscription. This applies regardless of whether the material is standard or prepared for the User’s order. Please note that our resources (including Multimedia Studio) may include materials that are subject to copyright and other related rights of third parties. The User acknowledges and accepts that we have the right to remove such materials at any time and at our own discretion, block access to them, or request that the User immediately cease using them, including email marketing campaigns and landing page(s) or Webinars. If the User does not comply with this request, we have the right to remove such materials at our sole discretion without incurring any liability to the Account. In the above-mentioned cases, the User will not be entitled to demand reimbursement of any amounts paid to us. If the User publishes, transmits or otherwise publishes Content belonging to third parties or through third parties, he is required, regardless of obligations under these Terms, to comply with the terms of service, licensing terms or regulations set by these entities. The User acknowledges and accepts that we may retain the Content and make it available, if it is required by law or if it is necessary to comply with the provisions of these Terms, a ruling or decision of a public authority, in response to allegations that the Content or the activity the users of the landing page of the User or the Participants have violated the applicable law or rights of third parties.

CUSTOMER SERVICE

We provide Customer Service to the User by email and by phone. A User who wants to use the help of the Customer Service Department or file a complaint should include the name of their Account in the application. We do not respond to anonymous requests or complaints. Detailed contact information for the Customer Service Department is available at https://www.coresender.com in the Account panel under the “Contact” tab. We respond to most inquiries and complaints within 24 hours on business days. The User retains the right to be informed about the status of his inquiry / complaint.

ACCOUNT REMOVAL / TERMINATION

The User may at any time resign from using the Service. In order to resign from the Service, the User should terminate the Account by following the instructions on the “Cancel Subscription” page available in the “My Payments” tab. Upon termination of the Account, the contract is immediately terminated. The CoreSender™ platform permits the User 60 days (for Free Trial Accounts) or 90 days (for Paid Accounts) from the date of Account removal (regardless of the reason for termination)to restore their Account. The condition for the restoration of the Account is the User’s payment which is due for the next payment period of the Service’s subscription plan. We reserve the right to refuse the restoration of an Account without providing an explanation (in particular if the deletion of the Account resulted from a breach of contract or the Service was blocked by us). We reserve the right to terminate your subscription to the Service at any time without giving reasons with immediate effect upon reimbursement of the advance payment made by the User in proportion to the number of days remaining until the end of the subscription period, without bearing any liability on this account. We reserve the right to terminate the contract immediately, block the Service, partially or in whole, or refuse to provide the Service to the User in the future in the event of the User’s breach of the Terms.

Examples of violations of the provisions of the Regulations:

Upon termination of the contract, irrespective of the underlying reasons or the mode of termination, the User is not entitled to demand reimbursement of payments made by him, in whole or in the form of partial payments, subject to the cases provided for in the mandatory provisions of law. The User’s resignation from the Service does not exempt them from the obligation to pay fees which are already due and fees which will be charged in connection with the User’s use of the Service until the contract expires; in particular, this applies to any additional fees referred to in point V. Payments.

The termination of contract, suspension or the closing of an Account as well as any changes in the Subscription Plan may affect the User Account, including: campaigns scheduled in the Account panel, collected data and other information. At the time of termination, suspension or closing of the Account or a change of the Subscription Plan, some of the ongoing processes in the Account panel, scheduled campaigns, collected data and other information may be permanently lost. CoreSender™ is not liable for consequences directly or indirectly resulting from this.

PRIVACY POLICY AND PERSONAL DATA

CoreSender™ processes personal data in accordance with the principles outlined in the Privacy Policy.

INTELLECTUAL PROPERTY

CoreSender™ is a registered trademark of Global Email Solutions in the Republic of Poland and other EU Member States, as well as in the United States. The Service, software of the CoreSender™ Platform, as well as any and all content contained on coresender.com website (“Property”), such as texts, graphics, logos, button icons, images, audio clips and applications, are the property of Global Email Solutions or its partners. It is forbidden to use the Property, as well as the trademarks and watermarks which are the subject of CoreSender’s rights, unless the use results from a necessary part of the Service(s) provided by CoreSender™ or if CoreSender™ provides consent to their use by the User.

SERVICE AVAILABILITY

We reserve the right to change or modify the features of the Service, specifically to update it, modify or replace the equipment or software used to provide the Service at any time without liability, provided that this will not have a drastic adverse effect on the Service. We reserve the right to stop providing the Service due to technical reasons (eg failures, repairs, inspections, maintenance, replacement of equipment), without being liable for any damages incurred by the User. However, in the case of scheduled technical maintenance lasting longer than one day, we will make every effort to inform the User at least one day in advance. The planned technical maintenance will be carried out in such a way as to minimize the inconvenience for the User(s) associated with it. We also reserve the right to modify, add or remove any documents, information, graphics or other content found on the website: https://www.coresender.com at anytime without prior notice.

RESPONSIBILITY

The User accepts that CoreSender™ offers the Service and website “as is”, without any warranty or guarantees either express or implied.

The User bears the sole responsibility for the use of the Service and our websites, specifically for any and all Content, as well as, any email marketing campaigns and Webinars.

CoreSender™ is not liable for any damages (including loss of data by Users) caused by:

Force Majeure can be identified as an extraordinary event, an external event that can not be foreseen and which could not be prevented. The circumstances constituting Force Majeure include, in particular, war, natural disasters, strikes, failures, DDoS attacks or other disruptions in the operation of the telecommunications network or IT infrastructure, as well as extraordinary government and administrative activities and activities of the entities having an influence on the CoreSender™ service, the activity is independent of the Parties of this agreement.

CoreSender™ is not responsible for any damages (direct or indirect) resulting from the loss of files or User data stored on our servers. Backups are the sole responsibility of the User.

Contractual and non-contractual liability of CoreSender™ is limited to direct losses incurred by the User. CoreSender™ is not liable for indirect damages, irrespective of their source (in particular such as: income, gain, interest or other profit losses, clean financial losses, losses due to other contracts related to the lack of availability of the Service or parts thereof), except in cases of intentional fault or gross negligence of CoreSender. The total liability of CoreSender, regardless of the number and basis of claims of the User or a third party, is limited to the total amount paid by the User for the Service within one month immediately preceding the date on which the User has submitted a claim to CoreSender. The User hereby releases CoreSender™ from any obligations exceeding the above-mentioned limit.

The User is required to release CoreSender™ and its employees, co-workers, contractors and representatives from any liability related to allegations and claims made by third parties related to the use of the Service by the User, as well as, domains / subdomains used, Content, Participants’ activity or participants of the User’s landing page who violate these Terms, legal regulations or any rights of third parties.

FINAL PROVISIONS

CoreSender™ may change the policies and any document related to the Terms at any time. CoreSender™ agrees to notify the User about any changes in the Regulations (or other related legal documentation) 10 days before they are implemented. CoreSender™ will place the relevant information and an updated version of the document in the User’s Account or they will be available at https://www.coresender.com Before any changes to the policies of the Terms are implemented, the current policies of the Terms which are in force shall apply. The Parties agree that all declarations addressed to the other Party while using the Service may be submitted in the form of electronic correspondence, sent:

The User may transfer the rights and obligations resulting from the contract to a person who meets the criteria to conclude the contract, only with the consent of CoreSender. This consent can be expressed in the form of an email. In matters not covered by the Terms, all generally applicable provisions of Polish law shall apply. All disputes arising between CoreSender™ and the User will be resolved in a court of law locally in the country of the headquarters of Global Email Solutions.