ServiceThe Site and Service are designed to modify emails that are sent by Users. The Users define the rules and logic that, if applicable to an email, causes the email to be modified by the Server by applying Templates, Themes and injecting content such as images and data that may be sourced through Plugins that access 3rd party web sites and data optionally using credentials supplied by the Users. The Service modifies the emails sent by the users before they reach their recipients.
Continuity of ServiceInovisoft makes no guarantees as to the continuous availability of the Service and Site or any specific feature of the Service. Inovisoft reserves the right to discontinue and/or change the Service or any of its features at any time with or without notice.
Registration and Eligibility
- provide any false personal information to Inovisoft or create any account for anyone other than yourself without such person's permission;
- use a User Name or Inovisoft account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Inovisoft in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Inovisoft or any third party;
- impersonates any person or entity, including any employee or representative of Inovisoft;
- includes anyone's identification documents or sensitive financial information; or
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
- DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
- FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
- ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
Inovisoft reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Inovisoft password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Inovisoft in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
3rd Party Plugin Content
The Service allows users to embed Content provided by Inovisoft or 3rd parties such as Facebook and Flickr. Such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Information Collection, Sharing and Disclosure
Inovisoft records information such as account activity (e.g., usage, number of log-ins, actions taken), data displayed or clicked on (e.g., UI elements, links), number of emails sent, email click statistics and other log information (e.g., browser type, IP address, date and time of access, cookie ID, referrer URL).
Inovisoft or its employees do not collect or have access to email content that passes through its servers. However, anonymous statistical information and debugging information may be collected in order to fix problems that may arise and improve the Service.
We use aggregate user information to enhance the user experience in our network of sites. We use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to build a better service for you. We also use the information to fulfil your requests for certain services, such as managing your third party relationships, sending out information on topics you agree to receive, taking actions on your suggestions and complaints or requests etc.
If Inovisoft or substantially all of its assets are acquired, or in the unlikely event that Inovisoft goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party.
We may release Personal Information when we believe in good faith that release is necessary to comply with the law, including laws outside your country of residence; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Inovisoft, our employees, our users, or others. This includes exchanging information with other companies and organizations (including outside of your country of residence) for fraud protection and credit risk reduction.
Confidentiality and Security
Inovisoft is committed to protecting the security of your personal information. We limit access to personal information about you to employees and contractors who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. However, the Internet is not recognized as a secure medium of communication. For this reason, we advise that you should not submit unencrypted confidential information by email and that doing so is at your own risk.
Personal information collected on this site is stored and processed on Amazon Web Services servers and by using the Site you consent to any such transfer of information outside of your country.
Your ID and Password
Inovisoft uses 3rd party systems such as Google and Facebook Accounts for authentication purposes. This protects your privacy because your credentials are checked by Google and your password is never revealed to Inovisoft. It is your responsibility to choose a password that is difficult for someone else to guess and not to share the password with anyone.
3rd Party Authorization Credentials
Inovisoft asks permission to access personal information such as Google Contacts and Facebook Friends. Once authorized, the Site receives API Access Credentials Tokens (“Tokens”) from the 3rd party and stores them on the Server. Inovisoft can use these Tokens to access your personal data and information whenever you use the Site and Service and in order to be able to provide the Service.
Inovisoft takes every precaution to protect your Tokens and limit any access to them. Under no circumstance does Inovisoft pass on these tokens to anyone or makes use of these Tokens for anything other than the Service.
In no uncertain terms will Inovisoft ever permanently store or copy any of your contacts' information or send them anything other than your specific emails as described by the Service. However, Inovisoft may temporarily cache your contacts' information to improve performance of the Site.
The Site uses persistent cookies to help us determine who you are when you move through the Site system. This saves you time so that you don't have to sign in every time you want to use Site again.
A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.You have the ability to accept or decline cookies. However, if you choose to decline cookies, the Site will not be able to function.
Tracking and Statistics
At user discretion and depending on the level of service (free, premium etc.) to which the user is subscribed, various types of usage information is optionally collected by Inovisoft in order to provide useful statistics to the user. Email may contain electronic images known as web beacons (sometimes called single-pixel gifs) that allow us to count users who have read those emails. Number of emails and frequency may be tracked. In-email link click-through performance may also be tracked.
User Submissions to Site’s Public Areas.
User Submissions in this section are ones posted by users on the publicly accessible parts of the Site and do not refer to private user configuration pages and emails submitted through the Site and Service.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted on the Site is the sole responsibility of the person from which such Content originated; that Inovisoft will not be liable for any errors or omissions in any Content; and that Inovisoft cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
You shall not: (i) take any action that imposes or may impose (as determined by Inovisoft in its sole discretion) an unreasonable or disproportionately large load on Inovisoft's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Inovisoft may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of Inovisoft's guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Save to the extent required by law, Inovisoft has no special relationship with or fiduciary duty to you. You acknowledge that Inovisoft has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Inovisoft from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Inovisoft makes no representations concerning any Content contained in or accessed through the Service, and Inovisoft will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
INOVISOFT, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): Inovisoft makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. Inovisoft will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Inovisoft's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
ALL LIABILITY OF INOVISOFT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF INOVISOFT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
IN NO EVENT SHALL INOVISOFT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT INOVISOFT, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
Dispute Resolution & Governing Law.
You may contact Inovisoft at:
Postal Address: CEd. Vale Ribeira Sol B1-AA, Rua do Quinto Centenário, 9360-500 Ponta do Sol, Madeira
Inovisoft has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. Notifications of Infringement Claims should be sent in writing.
It is Inovisoft’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Effective Date: August 24, 2011