Terms & Conditions

Last updated: 27th May 2019

Welcome to SmartReach.io service ("Service" or "Services"). Your use of this website and its related domains (together, the "Site") and the services made available on the Site is subject to these Terms of Use (these "Terms"). By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms and usage policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES.

You may use the Services only if you have the legal power and capacity to form a contract with SmartReach.io. If you are using the SmartReach.io Services on behalf of your employer, your acceptance of these terms is deemed an agreement between your employer and SmartReach.io and you represent and warrant that you have authority to bind your employer to these terms.

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.

Promotional use of your company name

We reserve the right to use your company name as a reference for promotional purposes on the Website and in other communication with existing or potential SmartReach.io users. For instance, we might list your company on one of our webpages under lists of SmartReach.io's customers. Nonetheless, we don’t want to list companies who do not wish to be listed. You can contact us if you do not want us to use your company's name.

Data

"Data” means any data and content stored or transmitted via the Services by or on behalf of you or your end users. This includes messages you send, files you upload, comments on files, and anything else you enter or upload into SmartReach.io.

In order to use our Services you must link a 3rd party email account to your SmartReach.io's account and we require that you grant us certain rights with respect to your Data. For example, with your permission (which you are granting by using the Services), the SmartReach.io's software will obtain access to your email account in order for you to being able to send emails via SmartReach.io to check for replies on emails you sent. You retain full ownership to Your Data. We do not claim any ownership to any of it.

We need to be able to transmit, store and copy your Data in order to display it to you and your teammates, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of these terms gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided.

You are solely responsible for your conduct, the content of your Data and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have all rights and permissions needed to comply with these Terms and to avoid infringement or violation of any rights of others. You will be responsible for your users’ compliance with these Terms and will use commercially reasonable efforts to prevent unauthorized access to or use of Services, and notify us promptly of any such unauthorized access or use.

We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. You acknowledge that it is your responsibility to use a secure encrypted connection if you wish to protect Your Data when you are transmitting it to us and to keep your own backup copies of your Data. You are solely responsible for protecting your passwords, limiting access to your computers and devices, and signing out of the Services when you are not using them.

You acknowledge that SmartReach.io has no obligation to monitor any information on the Services and that we are not responsible for the accuracy, completeness, appropriateness, safety or legality of your Data or any other information or content you may be able to access using the Services.

Your SmartReach.io account

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must immediately notify SmartReach.io of any unauthorized uses of your account or any other breaches of security. You are not allowed to send spam messages via SmartReach.io's Services. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. SmartReach.io is passing all liability for any spam or other lawsuits that could occur as a result of your activity within our services to you.

You will use the Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Services. You agree that you will not use the Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights.

You hereby warrant, represent and agree that:

  1. The Service may not be used for the sending of unsolicited commercial email (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act – sometimes called “spam”).
  2. You acknowledge that you are the sole or designated “sender” (as such term is defined in the CAN-SPAM Act of 2003 (the “Act”) and any rules adopted under the Act) of any email message sent by you using the Service.
  3. The Service may only be used for lawful purposes.
  4. You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute mass unsolicited commercial email (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act), in connection with the Service. You will import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you in connection with your use of the Service.
  5. You acknowledge and agree that not all email messages sent through use of the Service will be received by their intended recipients.
  6. The “from” line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, your product or your service.
  7. The “subject” line of any email message sent by you using the Service will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
  8. You will include in any email message sent by you using the Products your valid physical address, if required by law, which may be a valid post office box meeting the registration requirements established by the United States Postal Service.
  9. The Service may not be used for hosting content, including images and documents, that knowingly infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libellous material or other material that violates any applicable law or regulation.

You are solely responsible for all activities that occur in Your account(s) and for the security of all of Your and passwords. Not withstanding anything to the contrary herein, SmartReach.io has no liability of any kind (whether by contract, tort or otherwise) for any unauthorized access to your or your users’ accounts as a result of your actions or inaction’s.

Cancellation and refunds policy

You can stop using our Services at any time and we reserve the right to suspend or end the Services to you in whole or part at any time, with or without cause, and with or without notice, without incurring liability of any kind. Without limitation, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that may cause us legal liability or disrupt others’ use of the Services or damage to our business or reputation, or for any other reason. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend or terminate your account and access to the Services immediately. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to your data that is stored with the Service. To cancel account you should send a request to our support team via support chat on the website or via support@smartreach.io email. The SmartReach.io Service is billed in advance in accordance with our pricing schedule and all payments are nonrefundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. If you cancel, you will not receive a refund for any service already paid for.

Disclaimer of warranties

Your use of the services and the service content is at your sole risk. The services and the service content each are provided on an "as is" and "as available" basis. We, our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the services or any service content, and you rely on the services and service content at your own risk. Any material that you access or obtain through our services is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through our services. No advice or information, whether oral or written, obtained by you from us or through or from our services will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

Limitation of liability

We and our suppliers and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our services and service content. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the services and service content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the services and service content. As some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

You shall indemnify, defend and hold harmless the SmartReach.io parties from any and all third party claims and related losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from (i) any Content, (ii) your use of the Services, or (iii) breach by you or your Content of any Law or this Agreement. We shall indemnify, defend and hold you harmless from any and all third party claims and related losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from an allegation that the Services infringes or misappropriates any third party intellectual property right.

Copyright infringement & DMCA policy

If you believe that material located on or linked to by SmartReach.io violates your copyright, you are encouraged to notify SmartReach.io in accordance with DMCA Policy.

Requirements for all SmartReach.io's campaigns

  1. You must agree to our Terms of Service.
  2. We recommend including opt-out link into your email templates and SmartReach campaigns for audiences you haven’t contacted previously.
  3. You must include your contact information inside every email promotion* that you send, including a physical mailing address or PO Box where you can receive mail. (Not a website or email address.)

    * An email promotion is usually a broadcast with low ratio of text to image area offering discounts or other incentives to purchase a product or service, or to subscribe, register, download or perform some other action intended to drive revenue for the vendor.

  4. Your contact information and subject line must be 100% accurate.
  5. If you regularly use an integrated service or CRM platform, you need to abide by their terms of use, in addition to our own.
  6. Breaking the international rules, could make you liable up to hundreds of dollars for each recipient that you sent non-compliant messages to.
  7. You must comply with the anti-spam laws of the countries your recipients live in. So if you’re sending to EU residents, check the EU spam laws to make sure you’re also EU compliant.

GDPR Compliance

SmartReach.io stays compliant with GDPR (General Data Protection Regulation) and obliges the Users of the Service to respect the principles of the regulation when processing personal data of EU citizens. Please find more details in our GDPR compliance document. The GDPR Compliance document should be treated as an inherent part of the these Terms.

All the content sent from SmartReach.io must be sent within the scope of B2B relations and must not be sent to Prospects or Customers who verbally expressed their wish to be excluded from further correspondence.

SmartReach.io's anti-spam requirements

As an email service provider we take spam law seriously, not only for our sake, but for yours as well. Spam negatively impacts deliverability rates, and we want to make sure your emails reach their intended recipients as often as possible. We follow strict rules that must be adhered to in all countries, but you may find that your country has additional requirements. By accepting to these Terms you acknowledge that you follow any anti-spam legislation applicable to you as well as our over-all rules to help maintain platform integrity.