Terms and Conditions

Jan 25, 2024

Terms of Service for Inboxland

Last Updated: 25- Nov - 2023

Inboxland SaaS Terms of Use

1.1 Service Ownership and Operation: Inboxland, operated by Inboxland AI and its related entities, offers a comprehensive service. Utilizing this service indicates your explicit agreement to adhere to the terms set forth in this document, as well as any related policies or addenda, such as the Privacy Policy. This forms a binding legal framework for your use of Inboxland.

1.2 Agreement Acknowledgement: When you select and commit to a subscription plan, you are agreeing to all the stipulations of this Agreement. This includes any supplementary documents, policies, or addenda associated with the service. Should you find any part of this Agreement disagreeable, the alternative is to refrain from using the service.

1.3 Amendments to Terms: We reserve the right to modify or update these terms. Any such changes will be communicated to you with at least a 7-day notice. If the amendments are not acceptable to you, it's important to voice your disagreement within this specified timeframe. Your continued use beyond this period will be considered as acceptance of the new terms.

1.4 Precedence of This Agreement: In instances of conflict or contradiction, the terms outlined in this Agreement will take precedence over any other agreements or arrangements you might have with us.

1.5 Definitions and Interpretations: Throughout this Agreement, specific terms are defined either at their first point of use, typically highlighted by capitalization and bold formatting, or as explicitly laid out in clause 20, the Definitions section of this Agreement.

2. Subscription Period and Auto-Renewal

2.1 Subscription Duration: Your subscription to Inboxland begins from the moment of purchase and continues for the period that you have selected. This timeframe is subject to the terms outlined in this Agreement.

2.2 Automatic Renewal: At the conclusion of each subscription period, your subscription to Inboxland will automatically renew for an additional period of equivalent length unless you expressly notify us of your intention to cancel, in accordance with the procedure described in clause 9.1.

3. License

3.1 License Grant: Upon your compliance with the terms of this Agreement, Inboxland grants you a non-exclusive, non-transferable, and revocable license. This license allows you personal access and use of the Inboxland service throughout your subscription period. It is important to note that this license is not sub-licensable.

3.2 Adherence to Fair Use Policy: Your usage of the service is governed by our Fair Use Policy. We actively monitor service usage to ensure compliance. Any breach of this policy may prompt us to take appropriate action, which could include restrictions on your use of the service.

3.3 Usage Restrictions: The service must not be used for any unlawful activities, nor should it be used to introduce harmful software like viruses or trojan horses. Misuse of the service that violates any laws or infringes upon the rights of others is strictly prohibited.

4. Your Warranties

4.1 User Assurances: By agreeing to this Agreement, you warrant that there are no legal barriers to your acceptance of these terms. You commit to engaging with us in a courteous and polite manner, and to cooperating fully in the provision of any necessary assistance, permissions, or information. You are also responsible for ensuring all data and documentation provided to us are accurate and complete.

5. Our Warranties

5.1 Service Assurance: We guarantee that the Inboxland service will function in line with our specifications and will not infringe on the intellectual property rights of any third party. We also assure that we maintain a team of sufficiently qualified and experienced personnel to effectively operate and deliver the service in accordance with this Agreement.

6. Support Services

6.1 Conditions for Providing Support: Support services are available throughout your subscription, contingent on your adherence to the Agreement's terms. For effective support, you must provide all necessary details as requested.

6.2 Limitations of Liability: If we fail to provide the promised support, our obligation is limited to resupplying the necessary support services. This is your exclusive remedy for any support-related issues.

6.3 Intellectual Property Rights: Any enhancements, modifications, or customizations made to the service remain our exclusive property. These intellectual property rights extend to any changes made during the provision of support services.

7. Fees

7.1 Fee Payment: You are obligated to pay the fees specified in your Subscription Plan.

7.2 Taxes and Payment Processors: All fees are exclusive of applicable taxes. The terms of any payment processors used must be adhered to and any additional costs incurred are your responsibility.

7.4 Changes in Fees: We reserve the right to modify fees, with a prior notice period. Fee increases will not exceed one per year and will not occur during the initial subscription period.

7.5 No Refunds: Paid fees are non-refundable under any circumstances.

7.7 Consequences of Non-Payment: Failure to pay fees may result in service suspension and interest charges on overdue payments.

8. Updates

8.1 Implementation of Updates: We reserve the right to update the service at our discretion. Significant updates that may impact the service's availability or functionality will be communicated in advance.

9. Termination

9.1 Termination Procedure: Both parties hold the right to terminate the subscription. This termination becomes effective only after the end of the current subscription period.

9.2 Immediate Termination Circumstances: Termination can be immediate under specific conditions, such as a party's insolvency or failure to remedy a breach within the stipulated timeframe.

10. Effects of Termination

10.1 Obligations upon Termination: Following termination, you must immediately cease using the service. You're also required to return or destroy our confidential information, settle any outstanding payments, and adhere to the Agreement clauses that survive termination.

11. Intellectual Property

11.1 Intellectual Property Rights: All intellectual property rights related to the service are exclusively owned by us.

11.3 Restrictions on Use: Unauthorized replication, distribution, or misuse of the service or any related intellectual property is strictly prohibited.

12. User Data

12.1 Data Ownership and Utilization: While you retain ownership of your data, we use it to provide and enhance the service.

12.4 Data Responsibility: You are responsible for the legality and rights associated with your data and must ensure it complies with relevant laws.

13. Data Storage and Security

13.1 Commitment to Data Security: We strive to secure your data but do not hold liability for unauthorized access or data loss.

14. Privacy

14.1-14.4 Your Privacy Responsibilities: You are responsible for complying with applicable privacy laws. Accepting the Data Processing Addendum is part of your commitment to this responsibility.

15. Confidentiality

15.1 Securing Information: Both parties must strictly secure and maintain the confidentiality of any information deemed confidential. This includes proprietary business details, trade secrets, and other sensitive data exchanged.

15.2 Circumstances for Disclosure: Disclosing confidential information is only permissible under specific conditions, such as with explicit consent, legal obligations, operational necessity, or under strict confidentiality agreements with relevant personnel or advisors.

15.3 Purpose-Bound Usage: Confidential information is to be utilized solely for purposes directly related to this Agreement, ensuring no misuse or unauthorized application.

15.4 Enduring Confidentiality: Responsibilities related to confidentiality persist beyond the termination of this Agreement, underscoring the ongoing nature of these obligations.

16. Limitation of Liability

16.1 Warranty Exclusions: All implied warranties are excluded except as explicitly stated in the Agreement, recognizing the as-is nature of the service.

16.2 Financial Cap on Liability: Our liability for any claim related to this Agreement is capped at the total fees paid by you in the prior year, establishing a clear limit on potential financial obligations.

16.3 No Liability for Indirect Damages: We are not responsible for indirect, incidental, or consequential damages, such as loss of profits or data, maintaining a focus on direct damages only.

16.4 Acknowledgment of Software Imperfections: Recognition that the software may have limitations, such as bugs or errors, and is not guaranteed to be flawless.

16.5 'As Is' Service Provision: The service is provided without any guarantee of continuous availability or error-free operation, reflecting the inherent complexities of software services.

16.6 Direct Damages Only: Our liability is restricted to direct damages and does not cover broader financial or operational impacts on your business.

17. Release and Indemnity

17.1 Indemnification for IP Infringement: We will indemnify you against legal claims alleging that our service infringes on third-party intellectual property, subject to certain conditions such as prompt notification and cooperation.

17.2 Response to IP Claims: In case of intellectual property infringement claims, we may modify the service or, if necessary, terminate the Agreement to resolve the issue.

17.3 User Indemnification: You agree to indemnify us against losses or damages arising from your misuse of the service or legal non-compliance.

17.4 Protection for Affiliates: The indemnity clause extends its protection to our affiliates and related entities, safeguarding a broader range of parties associated with us.

17.5 Responsibility for Actions: You bear full responsibility for any damages or legal repercussions stemming from your use of the service, including compliance with laws and regulations.

18. Unexpected Event

18.1 Addressing Unforeseen Events: This clause outlines how we handle situations or events beyond our control, such as natural disasters or other major disruptions, that prevent us from fulfilling our obligations under this Agreement.

18.2 Notification and Mitigation Efforts: In the event of such disruptions, we are required to inform you promptly and undertake reasonable efforts to minimize the impact and resume our obligations as soon as possible.

19. General

19.1-19.4 General Provisions: These sub-clauses address various administrative and legal aspects of the Agreement, including notice requirements, precedence of documents, assignment limitations, conditions for waivers, and the severability of clauses.

19.5 Legal Framework: The clause specifies the legal jurisdiction and laws governing the Agreement, clarifying legal boundaries and expectations.

19.6 Comprehensive Agreement: This statement affirms that the Agreement represents the full and complete understanding between the parties regarding the subject matter, superseding any prior discussions or agreements.

  1. Compliance with Anti-Spam Laws

20.1. Adherence to Anti-Spam Regulations: Inboxland and its users must comply with all applicable anti-spam laws, including but not limited to the CAN-SPAM Act and the General Data Protection Regulation (GDPR). This compliance includes adhering to rules regarding the sending of commercial emails and maintaining respect for recipient preferences.

20.2. Prohibition of Unsolicited Bulk Emails: Users are strictly prohibited from sending unsolicited bulk emails through Inboxland. All email campaigns must target only those recipients who have shown a legitimate interest in the subject matter or have opted in to receive such communications.

  1. User Conduct Regarding Email Content

21.1. Content Guidelines: All emails sent using Inboxland must adhere to high standards of content quality. Users must avoid sending emails that contain offensive, misleading, harmful, or otherwise inappropriate content.

21.2. Prohibition of Deceptive Practices: Email content should not be deceptive or misleading. This includes ensuring that subject lines accurately reflect the content of the email and that any promotional material is clearly identified as such.

  1. Opt-Out Mechanisms

22.1. Clear Opt-Out Mechanisms: Every email sent via Inboxland must include a clear, straightforward mechanism for recipients to opt out of future communications. This opt-out process should be easy to use and must be respected promptly by the sender.

  1. Data Protection and Privacy

23.1. Commitment to Data Privacy: Inboxland is committed to protecting the personal data of email recipients in accordance with applicable data protection laws. This includes ensuring that all recipient data used in cold emailing campaigns is obtained and processed legally and ethically.

23.2. Handling of Recipient Data: Users must handle recipient data with the utmost care, ensuring it is used only for the intended purpose of the email campaign. Any sharing or processing of this data must comply with relevant privacy laws and be clearly communicated to recipients.