Terms of Service for Seamailer

These Terms and Conditions (the “Terms”) constitute a binding agreement between you (“you,” “your,” or the “User”) and Seamailer, Ltd. (“Seamailer,” “we,” “us,” or “our”), a provider of email marketing services through its software platform (the “Service”). By accessing or using the Service, you agree to be bound by these Terms.

Service Description

By accessing, registering for, or using the Service in any manner, you agree to be bound by these Terms, including any future modifications. Seamailer reserves the right to modify or update these Terms at any time, and your continued use of the Service after such changes will constitute your acceptance of any revised Terms. If you do not agree to these Terms, please do not use the service. You should periodically review the most current version of these Terms, which can always be found on our website.

Definitions

Service: The email marketing software as a service provided by Seamailer, including all associated tools, applications, and features.
User: Any individual or entity using Seamailer’s Service.
Account: The personal or business account registered with Seamailer that allows access to the Service.

Account

To use certain features of the Service, you must create an account by providing accurate and complete information, including but not limited to your name, email address, and payment information. You agree to keep your account information current and accurate.

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify Seamailer immediately of any unauthorized use or breach of your account. Seamailer is not liable for any losses or damages arising from unauthorized access to your account.

You agree not to sell, transfer, or assign your account or subscription to any other person or entity without Seamailer’s prior written consent.

Subscription and Billing

Subscription Plans:

Seamailer offers various subscription plans with different levels of features and pricing. Details of these plans are available on the Pricing Page. By selecting a plan, you agree to pay the associated fees, which may be monthly or annually. Subscription fees are non-refundable unless expressly stated otherwise.

Payment Terms:

By providing a payment method, you authorize Seamailer to charge the fees associated with your subscription plan to your designated payment method. If Seamailer cannot charge your payment method, your access to the Service may be suspended until payment is received.

Renewal and Auto-Renewal:

Unless otherwise stated, subscriptions automatically renew at the end of the applicable billing cycle. You may cancel your subscription at any time through your account settings. If you cancel before the end of your billing cycle, your account will remain active until the end of the current period, but no refunds will be issued.

Discounts and Promotions:

Seamailer may offer discounts or promotions for its services, such as a 25% discount on yearly plans. These offers are limited-time and subject to specific terms and conditions. Seamailer reserves the right to change or withdraw any promotion at any time.

Use of the Service

Permitted Use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including, but not limited to, anti-spam laws such as the CAN-SPAM Act, GDPR, and other international email marketing regulations.

You are strictly prohibited from engaging in the following activities:
  1. • Sending unsolicited or bulk email campaigns to users without their explicit consent (i.e., spam).
  2. • Using misleading or false subject lines, headers, or content in emails.
  3. • Sending defamatory, abusive, or otherwise illegal content.
  4. • Interfering with or disrupting the Service, or attempting to access areas of the platform for which you do not have permission.

Seamailer reserves the right to suspend or terminate accounts engaged in prohibited activities.

Content Responsibility:

You are responsible for the accuracy, legality, and appropriateness of the content you send through the Service. Seamailer does not monitor or control the content transmitted by Users, and you agree that Seamailer is not responsible for the content or any damages that may arise from it.

Intellectual Property Rights

Ownership

All materials, software, logos, trademarks, and other intellectual property provided by Seamailer are the property of Seamailer or its licensors and are protected under copyright, trademark, and other applicable laws. You agree not to copy, modify, distribute, or create derivative works based on these materials without our express permission.

User Content:

By using the Service, you grant Seamailer a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, and distribute content you submit through the platform for the purposes of providing the Service.

Privacy and Data Security

Privacy Policy:

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. By using the Service, you agree to the terms of our Privacy Policy.

Data Protection

Seamailer employs commercially reasonable safeguards to protect the personal data of Users. However, we cannot guarantee absolute security. You agree that your use of the Service is at your own risk and that Seamailer shall not be held liable for unauthorized access to your data, unless due to our negligence or willful misconduct.

Third-Party Services and Integrations

Seamailer may integrate with third-party services, including but not limited to payment processors, CRM systems, and analytics tools. Your use of these third-party services is subject to their respective terms and conditions, and Seamailer is not responsible for the functionality, security, or compliance of these services.

Service Availability and Performance

Seamailer makes reasonable efforts to ensure that the Service is available and functional 24/7. However, we do not guarantee uninterrupted access, and the Service may be temporarily unavailable for maintenance, upgrades, or unforeseen technical issues. Seamailer is not liable for any downtime, data loss, or interruptions to your Service.

Warranties and Disclaimers

No Warranty:

Seamailer provides the Service “as is” and “as available” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Disclaimer of Liability:

Seamailer is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Service, including but not limited to lost profits, business interruption, or loss of data, even if Seamailer has been advised of the possibility of such damages.

Limitation of Liability

To the maximum extent permitted by law, Seamailer’s total liability for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you have paid to Seamailer in the last 12 months.

Indemnification

You agree to indemnify, defend, and hold harmless Seamailer, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising from your use of the Service, violation of these Terms, or infringement of any intellectual property or privacy rights of third parties.

Termination

Seamailer reserves the right to terminate or suspend your account or access to the Service at any time, with or without notice, for any conduct that violates these Terms or is harmful to Seamailer or other Users.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Seamailer regarding your use of the Service and supersede any prior agreements or communications.

If you have any questions or concerns about these Terms and Conditions, please contact us at support@seamailer.app