BrandMyMail Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY INOVISOFT LLC. ("INOVISOFT"), A DELAWARE CORPORATION. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.BRANDMYMAIL.COM AND ASSOCIATED PLUGINS AND WIDGETS (THE "SITE") AND EMAIL MANIPULATION SERVICE (THE “SERVICE”) OFFERED BY INOVISOFT.

Acceptance of Terms

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), which include policies related to Terms of Use, Privacy, Intellectual Property and all other operating rules, policies and procedures that may be published from time to time on the Site by Inovisoft, each of which is incorporated by reference and each of which may be updated by Inovisoft from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Inovisoft from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual and corporate users of the Service.

Service

The 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.

Access to Service

Subject to these Terms of Use, Inovisoft may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party that you do not represent. Services shall include, but not be limited to, any services Inovisoft performs for you, any applications, plugin or widgets offered by Inovisoft that you download from the Site as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Continuity of Service

Inovisoft 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

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Inovisoft and represent, warrant and covenant that you provide Inovisoft with accurate, truthful, and complete registration information and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Inovisoft account.

You shall not:

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.

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.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Inovisoft may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

Content

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.

Subject to these Terms of Use, Inovisoft grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content. Use, reproduction, modification, distribution or storage of any Content is subject to permission from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any in any way that violates any third party right.

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.

Inovisoft does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide services you've requested, when we have your permission, or under the following circumstances. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Inovisoft’s terms of use, or as otherwise required by law.

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.

Use of Cookies

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

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.

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:

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
breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.

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.

Inovisoft does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Inovisoft has no obligation to monitor the Site, Service, Content, or User Submissions. However, Inovisoft reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Inovisoft is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Inovisoft also reserves the right to access, read, preserve, and disclose any information as Inovisoft reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Inovisoft, its users and the public.

Termination

Inovisoft may terminate your access to all or any part of the Service and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

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.

Indemnification

You shall defend, indemnify, and hold harmless Inovisoft, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Inovisoft). Inovisoft reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Inovisoft in asserting any available defenses.

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:

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.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:

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.

Dispute Resolution & Governing Law.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Inovisoft agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of Madeira, Portugal. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Madeira Courts to which the Parties irrevocably submit.

Modification of Terms of Use.

Inovisoft reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Inovisoft may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous

Inovisoft shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Inovisoft's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Inovisoft's prior written consent. Inovisoft may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Language

Where Inovisoft has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Inovisoft.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Contact

You may contact Inovisoft at: Email: [email protected]
Postal Address: CEd. Vale Ribeira Sol B1-AA, Rua do Quinto Centenário, 9360-500 Ponta do Sol, Madeira

Copyright Policy

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