Terms & Conditions

These Terms of Service (“Terms”) apply to your use of the email marketing service (the “Service”) provided by ListMails (“we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not use the Service.

Description of Service

The Service allows you to send email campaigns to a list of recipients and track the performance of those campaigns. The Service may also include additional features such as template creation, list management, and analysis and reporting tools.

Managed Service and Self Service

The Service may be offered as either a managed service or a self service. If you choose the managed service option, we will assist you in creating and sending your email campaigns. If you choose the self service option, you will be responsible for creating and sending your own campaigns.

Compliance with Laws

You agree to use the Service in compliance with all applicable laws, including but not limited to the anti-spam laws of the Netherlands and the European Union’s General Data Protection Regulation (“GDPR”). You are solely responsible for obtaining any necessary consents from your recipients to receive email communications from you. You may not use the Service to send unsolicited or unauthorized email.

Intellectual Property

The Service and all materials and content included on or accessible through the Service, including but not limited to text, graphics, logos, images, and software, are the property of ListMails or its licensors and are protected by copyright and other intellectual property laws. You may not use any materials or content on the Service for any commercial purpose without the express written consent of ListMails.

Termination

We reserve the right to terminate or suspend your access to the Service at any time, for any reason, and without notice. Upon termination, you must immediately cease all use of the Service.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Indemnification

You agree to indemnify and hold ListMails and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.

Governing Law

These Terms and your use of the Service will be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the Dutch rules of International Chamber of Commerce. The arbitration will be conducted in Amsterdam, Netherlands.

Changes to These Terms

We reserve the right to update and revise these Terms from time to time. Any changes will be effective immediately upon posting to the Service. Your continued use of the Service after the changes have been posted will constitute your acceptance of the revised Terms.

Miscellaneous

These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any part of these Terms is held invalid or unenforceable, that part will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at legal@listmails.com.