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Mailify General Terms of Use

Last updated 24/08/2016

1 - Purpose

The purpose of this document is to establish the terms and conditions under which SAS Sarbacane Software, with a principal place of business at 3 Avenue Antoine Pinay, Parc des 4 vents in Hem (59510) - RCS Lille Métropole 509 568 598, provides users (hereinafter referred to as "user" or "customer") with services associated with its software Mailify (hereinafter referred to as "Services") and define the obligations and responsibilities of both the customer and Sarbacane Software under this scope. Sarbacane Software and the user shall be referred to hereinafter jointly as "the Parties" or individually as "the Party". These general terms of use are available at any time at the website: https://www.mailify.com/terms-conditions.

These general terms of use constitute the common legal grounding applicable to all services provided by Sarbacane Software through this site. Any condition imposed by the customer, particularly purchase terms, shall be unenforceable against Sarbacane Software unless otherwise expressly agreed. The general terms of use shall apply as of acceptance by means of the creation of a user account or upon downloading the Mailify software. The general terms of use shall apply to any offer, irrespective of whether it is for payment or free of cost. All use of Mailify software and any order via the website https://www.mailify.com/, hereinafter referred to as the "Site", shall be subject to these terms of use.

These general terms of use may be completed with special conditions. Such conditions must be explicitly accepted by the customer and Sarbacane Software. They may be indicated on a purchase order or be subject of a separate document. If there are any contradictions between the general terms of use and the special conditions, the latter shall prevail over the general terms of use. Any time the Services are used, the user expressly acknowledges knowledge, understanding and acceptance of these general terms of use without any reservations.

2 - Description of Mailify

2.1 Main Service

This Service enables automatic email sending at the request of the customer via routing infrastructure hosted by Sarbacane Software, subject to full pre-payment and pursuant to the stipulations hereinafter.

2.2 Other Services and Options

Other Services and Options, itemized below, may also be subscribed or used by the user, subject to availability.

2.3 Necessary Resources

In order to benefit from the Services, the user must have an Internet network, create a customer account and download the Mailify software onto a computer as well as have enough email credits in accordance with their needs. Certain Services may not be available due to the user’s computer configuration or software version installed.

2.4 Trial Offer

Upon creating an account for the first time, the user will be able to use a trial version of the software and emailing Service. This trial will particularly allow the user to verify compatibility between the software and their computing devices and needs.

The user is hereby informed that the trial offer is limited to a validity period (one month after delivery). The same person may create several customer accounts; however, said person will only benefit from the trial offer upon the first customer account created as per the offers in effect on the Site.

As soon as the trial period ends, the user must enter into a Contract in the form of a pack in order to continue using the software and mailing Service.

3 - Subscription

The following two offers are made available depending on the version the End User utilizes:

3.1 Packs and Credits Carried Forward

Several packs are available for subscription by the customer. They are outlined in detail on the Site. Each pack comes with email credits which are valid for one year beginning on the date the order is validated by Sarbacane Software based on the validity period the User picked. This purchase is final and definitive. No partial or full reimbursement will be granted, even in cases of non-use.

The credit expiration date will be indicated several times via the software and via email at the email address provided by the customer upon creating their account.

Non-used credits on the customer’s account prior to the end of the validity period of the pack may be carried forward if the same customer subscribes a new credit pack prior to the expiration of the validity period underway for the pack, subject to the following conditions:

- If the new credit pack order is for less credits than the preceding pack, the existing credits in the customer’s account that may be carried forward will be limited to twice the number of credits in the new pack.

- If the new credit pack order is for more credits than the preceding pack, the credits that may be carried forward are unlimited.

All credits - those carried forward and the newly subscribed ones - shall be valid until the end of the validity term of the most recent pack purchased.

3.2 Monthly Subscription

3.2.1 Principle

The user may take out a monthly subscription and choose the quantity of monthly email credits desired (fixed price package) as per the offers in effect on the Site.

Monthly subscriptions are contracts concluded for an indefinite duration, as per the subscribed offer. They begin on the date the customer’s order is validated by Sarbacane Software.

As soon as the order is validated by our services and every month (30 days) thereafter, the user will be issued the number of credits (fixed price package) chosen at the time of the order upon an advanced monthly payment for this purpose debited from their bank card, as agreed by the user.

The user may terminate the subscription contract for their account; however, payment for any fees due if cancelled prior to the end of the initial minimum commitment period will be charged, as applicable. Such request must be made no later than the day before the fixed price package renewal date, otherwise the price of the advance payment for the renewal will not be partially or fully reimbursed. Cancellation shall be effective as of the renewal date of the current fixed price package.

3.2.2 Credits Carried Forward

Any credits not used during the current month shall be automatically carried forward to the following month without any limitations.

If a monthly subscription is cancelled to subscribe a pack of credits, the credits remaining as of the date of cancellation of the monthly subscription may be added to the pack of credits with the limit that the customer may not accumulate a total of credits of more than twice the number of credits included in the pack subscribed.

3.3 Value of an Email Credit

An email credit allows you to send an email of less than 195 Kb to a recipient. Beyond this size, an additional credit for each 195 Kb extra is required. The customer is informed that credits used are deducted upon sending an email and not upon receipt. Credits will also be deducted for test emails.

4 - Services and Options

Other than the emailing Service, Sarbacane Software offers the following Services and Options as per the software version used by the customer:

4.1 Cloud

Mailify offers an Option called Mailify Cloud which allows you to synchronize and save all data from a user account (campaigns, contact lists, blacklists, forms) on infrastructures and be able to use them non-simultaneously on a maximum of three different computers. Beyond this limit, the user must manually delete one of the computers in the list from the software settings in order to include a new device. Sarbacane only authorizes one deletion per year. This option is included at no extra cost with the use of the software, limited to a single user under the following conditions: the campaign data are synchronized and saved subject to a valid software license. Unless the customer requests their data be deleted or the customer account be deleted, the data will be saved for a maximum of 6 months after data synchronization stops. The customer is responsible for any necessary backup before this time to later recover the data prior to the scheduled deletion of the campaign data. The user may share data and customer account credits with other users and manage the latter’s rights by subscribing to additional user accesses at any time through the software or through the customer account. The data are available via the Internet network and the Mailify software interface.

4.2 Subscription to a Customized Domain Name

Mailify allows you to customize the email sender’s address as well as any links in the body of the message. Thus, the user may configure their own domain by following the integration instructions provided by Sarbacane Software, or directly subscribe to the Service from the software, allowing the user to order a customized domain name subject to availability and approval by the accredited registrar or Register/Registration Office and the regulatory authority.

Upon request from the user, Sarbacane Software will then transfer the registration request to the accredited registrar. These domain names will be exclusively used to customize the email delivery address and any links contained in the body of the email message through the Mailify software and shall be the property of Sarbacane Software, which thus solely grants the right to use it as part of the emailing campaign to the customer. This option requires payment of a price, irrespective of the consumption of credits. The corresponding rates are available on the Site.

The domain names are valid for a maximum of one year from the date of registration of the domain name in the registrar’s databases. The user is hereby informed that the processing and approval period for any such request (no later than 24 business hours) from the registrar are not controlled by Sarbacane Software and, therefore, it will not be held liable for any delays. Sarbacane Software hereby undertakes to reimburse the customer for any transaction that cannot be completed if the transaction may be cancelled and reimbursed by the Register. (Example: if the domain name is no longer available for registration upon receipt of payment). As the expiration date of the domain name approaches, Sarbacane Software will notify the user through all means. The user will have the choice to renew the domain name for the same duration against payment of the renewal price. If not renewed before the stated deadline, the domain name will be definitively lost. A lack of use of a domain name does not give any right to reimbursement.
Any transfer request shall be sent to the following address: sales@mailify.com

5 - Support

Sarbacane Software offers users all types of technical documents on the Internet site. If necessary, technical assistance is available to advise and assist the user if any technical difficulties arise while using the Services. The user may contact our technical assistance through a form on the Internet site during business hours, as indicated on the MailifyInternet site. The user is required to collaborate with Sarbacane Software.

Sarbacane Software does not provide any guarantees concerning availability of the service support for users with free accounts (software trial period).

6 - Ordering - Prices

6.1 Ordering

The user hereby declares that they have the power and capacity necessary to bind themselves to these general terms of use and any possible special conditions as well as to order.

The user hereby acknowledges having verified the Services are adequate for their needs and having received all of the information and advice necessary from the company Sarbacane Software to knowingly subscribe.

Any order placed with Sarbacane Software is formalized by a purchase order approved by the customer online or a purchase order established by our services which the user undertakes to return approved as quickly as possible. The purchase order may not be considered separate from these terms. Orders are considered final as soon as a purchase order approved by the customer is received by Sarbacane Software, subject to confirmation by Sarbacane Software validating the order. Orders may not be modified or cancelled after that date. Sarbacane Software reserves the right to cancel any order if fraud is suspected.

6.2 Prices - Payment

The applicable price is that which is in effect on the Site or in the software interface on the date ordered; if no price is listed, the applicable price is the one communicated by the sales service. The price indicated does not include taxes; therefore, the taxes in effect will be added.

Our products are payable upon ordering, unless otherwise agreed, and/or monthly/annually in advance via debit card as per the contract signed. Payment for the order is made directly online on the site by indicating a credit card number (SSL secured mode) or any other payment method possible on the date of the order. Only payment by bank card is accepted and offered to customers for monthly subscriptions. Invoices will be available for downloading through the customer’s account, to which the customer agrees.

If a customer chooses to have their payment method saved during ordering, they may make "express purchases" with their later orders; in other words, directly from the software interface without re-entering their bank card details. The customer may change the bank card used for payments at any time through their account or even delete it.

In the event of a delay or full or partial payment default by the customer, a collection fee of €40 per invoice will be billed and applicable ipso jure for commercial transactions, as applicable, as well as delay penalties ipso jure equal to 25% annually on the day following the invoice due date. No discounts are granted for early payment. To prevent risks of fraud, there may be a period for approval of the payment and order. This period depends on our electronic payment partner. This partner conducts a certain number of controls and may, as applicable, alert our services of the need to investigate the origin and holder of a transaction. Sarbacane Software may also request additional information from a customer. The customer undertakes to respond as quickly as possible. We undertake to approve or deny an order within a maximum of 24 business hours during working days, i.e. Monday to Friday. Nonetheless, a breach of this period shall give no right to any compensation and may not be used against Sarbacane Software to support any type of complaint for damages and interest.

7 - Delivery

Except for domain name subscriptions, credits are credited to the account and/or Services activated on the date full payment of the price is received by Sarbacane Software, unless otherwise agreed in writing between the Parties upon ordering.

8 - User’s Obligations and Responsibilities - Rights Granted

- The user hereby undertakes to communicate exact information upon registration through the creation of an account and upon any order. If there are any voluntary or involuntary errors or omissions in the transfer of information communicated by the user, Sarbacane Software will not be held liable for any billing errors, delays or failed deliveries. If any of the information provided changes, the user hereby undertakes to inform Sarbacane Software immediately and provide any updated information.

- The user is responsible for the payment of all sums invoiced for their orders.

- The user undertakes to ensure their bank details remain valid in order to complete payment upon the due date, especially as concerns bank card debits. The user may change their bank details used for payments for their account at any time. Several reminder emails will be sent to the customer communicating the expiration of a bank card. In the event of a payment incident upon attempting to make a debit, the user acknowledges and expressly agrees that Sarbacane Software may attempt a debit again on the following day and each time a debit fails until the fifth day.

- The user is also responsible for performing their obligations under the orders subscribed and these general terms of use and any special conditions, as applicable.

- The user undertakes to observe all instructions from Sarbacane Software in its documentation as well as all advice and recommendations communicated by Sarbacane Software.

- The user is personally liable at their own cost for the acquisition, installation, maintenance, connection and security of the different configuration elements and telecommunications resources needed to access the Services. If using an or extensions, they shall be configured by the user at their exclusive liability pursuant to the instructions in the documentation and/or support made available.

- The user maintains ownership of all intellectual and industrial property rights to any content provided by them for the use of the Services. This particularly includes their email address database, the content of their messages, the name and logo of their business, all names, logos, service and product names, designs and models, slogans and copyrights, patents, trademarks and, more generally, any other intellectual property right.

- The user is exclusively liable for the data transmitted for use with Mailify (email address, email content, etc.). Likewise, the user is solely liable for collecting the email addresses used, their validity and compatibility with Mailify.

- Service Cloud users are hereby informed that said Service aims to allow remote access to all of their data they choose to host on Sarbacane Software servers. The data stored on Sarbacane Software servers remains the sole property of the user, who is the sole responsible party. Users are also exclusively liable for any actions relating to the processing of said data as part of the Service and the management of user access, whose compliance they guarantee. In order to prevent any loss and/or alteration of their data, users who have activated the Service expressly declare they have backed the data up on one or more reliable mediums prior to any use.

- More generally, the use of the software and Services are solely the responsibility of the user.

- Users are solely liable for safeguarding and using their account ID and password. Sarbacane Software will not be held liable for any consequences of any disclosure, even if accidental, of their code and/or ID to a third party.

- Users are prohibited from any misleading between themselves and Sarbacane Software and will no lead anyone to believe Sarbacane Software participates in the content sent and the marketing of their products and/or services.

- Any account assignment is prohibited without express authorization from Sarbacane Software.

8.1 Respect for the Laws in Effect

Sarbacane Software formally prohibits the use of its Mailify software and Services to engage in any illegal or illicit activities and to send or store illegal content. Upon reserving a domain name, the user undertakes to respect the applicable rules defined by the Regulatory authorities, Registers and/or Registration offices responsible for managing each domain name extension internationally.

- Respect for Anti-Spam and Personal Data Protection Laws

When using Mailify and its Services, users must comply with all legal and regulatory privacy, personal data and electronic communication provisions. The user hereby undertakes in particular to observe the Data Protection Law. As Sarbacane Software is acting herein as the subcontractor, the customer is considered solely liable for the processing of any data used under the scope of the services offered by Sarbacane Software. The customer is the sole liable party for all Data Protection Authority declarations.

Users may not use the software to send direct mailings without prior, free and specific consent from the recipient of the messages if they are sent to personal email addresses unless the intended recipient is already a client of the user and if the mailing is related to products or services which are similar to the ones already provided by the user. Users undertake to provide recipients of their campaigns with a means to unsubscribe from any future electronic communications in each email sent. Users undertake to process requests to unsubscribe at no cost quickly and no later than 5 days after receipt of a request and to update their contact lists as a result.

- Respect for intellectual property rights

Customers hereby guarantee to Sarbacane Software that the illustrations/images and email address databases used for the emailing campaigns are free of rights or that the customer holds all rights and all of the necessary authorizations to use them. Customers are also hereby informed that the choice of a domain name when applying for one shall not violate any third-party rights.

Moreover, customers guarantee to hold Sarbacane Software unharmed from any court action relating to the use of the Sarbacane Software Services which may harm one or more third parties, especially including but not limited to actions for infringement of a third-party patent. Thus, customers agree to defend Sarbacane Software, at their own cost. Customers shall pay all damages and fees and expenses Sarbacane Software is condemned to pay by a court decision on the basis of such allegations as well as any fees and other expenses connected to such proceedings.

8.2 Usage Limitations

Besides the obligation of observing all legal obligations and prior to any subscription, the customer acknowledges and agrees to the limitations established without any exception.

8.2.1 General Matters

Users agree to fully observe the mailing list charter without reservations: https://www.mailify.com/terms-conditions#antispamIDGO
Sarbacane Software does not authorize the routing or maintenance of affiliation campaigns through its Services. Affiliation campaign shall mean any campaign aimed at promoting a service or product not commercialized by the sender for performance-based compensation (on the basis of a certain number of clicks, postings, visits, forms completed, commissions for online sales generated, etc.).
Sarbacane reserves the right to deny routing and hosting of the customer’s campaigns upon detection of the use of mass prospecting databases (CD-ROM, DVD of hundreds of thousands of email addresses sold on the Internet, etc.), to send mailings to these contacts in particular when they do not respect the French Data Protection Authority’s recommendations for electronic prospecting including in cases of suspicion.
Furthermore, Sarbacane Software does not authorize the use of its Services to send and host content which is violent, obscene, pornographic, defamatory, harmful or discriminating nor content aimed at promoting certain sensitive activities such as online gaming, casinos, offers to make money, clairvoyance, weight loss, etc.

8.2.2 Moderation

Irrespective of the lack of obligation to do so yet for security reasons and in order to verify proper use of the Software and these general terms of use, Sarbacane Software reserves the right to automatically receive a copy of the message sent by the user via email with each campaign launched through the software. This condition is expressly accepted by the user. Sarbacane Software reserves the right to use these copies to identify the sender of a campaign launched with the Software pursuant to the terms of the law. Campaigns sent may, therefore, be subject to prior moderation before definitively sent to recipients. Thus, the user must create a new campaign considering the recommendations and instruction provided by said service if a campaign is denied by the moderation service. Users may be reallocated their credits for the denied campaign at the sole discretion of Sarbacane Software.

However, it is understood that this power shall not be aimed at rejecting or minimizing the user’s liability for the use of the Services as the user is the sole liable party.

8.3 License

Sarbacane Software grants the user a non-exclusive and non-transferrable right to use the software and technologies made available, hereinafter referred to as the "License", throughout the duration of the software trial period (2.4) and throughout the duration of the Contract: Packs or subscriptions (3), contracted by the user.
Sarbacane Software shall maintain ownership and all rights connected to the technologies it makes available to users as part of the Services as well as all content made available by Sarbacane Software. This particularly includes the software, documentation, Sarbacane Software name and logo, Mailify name and logo, all names, logos, names of services and products, designs and models, slogans and copyrights, patents, trademarks and, more generally, any other intellectual property right. In general, the software and the content thereof (especially the images, sound, text and other information, modules, extensions available through the software) are the respective property of Sarbacane Software or its suppliers/partners. . Users undertake to observe the property wording indicated on the software, mediums or documentation and any technology made available.
Users are prohibited for disseminating, assigning, renting, leasing, sub-licensing, giving or distributing any and all of the software and Services to a third party in any way whatsoever. This License does not include the right to collect or use information contained on the Site or through the Services for purposes prohibited by Sarbacane Software, to compete with Sarbacane Software, create derivative work based on any content obtained through the Services, or to download or copy any content obtained through the Services. Likewise, translating, adapting, assembling, dismantling, compiling, reverse engineering, arranging or modifying the software and exporting or merging it with other software outside the situations allowed by French law is prohibited. Using any equipment, device, software or other means to by-pass or delete any restrictions on the use or to active functionalities is prohibited.
Any use of the software and the Services contrary to the intended purpose (for which they have been designed) is strictly prohibited.
The License is limited to one personal use per end user. As a result, any resale or commercial use of the Services or any other means to seek financial gains through providing the Services to a third party without prior written consent from Sarbacane Software is strictly prohibited.

Sarbacane Software makes corrections to its software itself. Therefore, intervening or having a third party intervene with the software is prohibited. These updates may be automatically downloaded and installed to the user’s computer upon opening the software. Users hereby waive any other prior version. This License does not grant users any right to demand evolutional updates or new versions of the software. The software functionalities may be evolved, modified or deleted without prior notice. Users may re-download the runnable file from the Site in order to obtain a backup copy. Any other means is strictly prohibited.

9 - Sarbacane Obligations - Guarantees and Responsibilities, Limitations of Liability

- For all of its services, the company Sarbacane Software performs its obligations pursuant to the rules of trade for this sector and is only liable for its best effort undertaking.

- As part of the main emailing Service, Sarbacane Software undertakes to deliver the customer’s emailing campaigns on request via electronic means subject to the use of a sufficient number of prepaid credits but does not guarantee the commercial or marketing success of the emailing campaign or any actual readership rates. As soon as the email campaign is sent, Sarbacane Software will not be held liable for any non-delivery irrespective of the cause. No credits will be reimbursed nor will any indemnities whatsoever be paid for non-delivery not directly attributable to Sarbacane Software.

- Except when Sarbacane Software has contributed to the creation of the message, Sarbacane Software will not be liable for its creation as it was only involved in the sending of the emailing campaign.

- Sarbacane Software will use all reasonable measures possible to ensure secure hosting of the data against any form of intrusion.

- Users hereby agree that the Cloud is solely aimed at storing data and transferring the data over the Internet network and that Sarbacane Software will not be liable for any consequences resulting from the loss of any data due to a defect in the Internet network or a third party over which Sarbacane Software has no control.

To the extent possible, Sarbacane Software makes all efforts to ensure the operability and continuity of its Services. Nevertheless, the software and Services may individually or entirely be temporarily interrupted for maintenance or any other reason without Sarbacane Software being held liable in any way. To the extent possible, any interruptions will be communicated to customers.

Unless where otherwise indicated in the general terms of use, Sarbacane Software does not offer any express or implicit guarantee related to the Services.

Sarbacane Software does not guarantee that its software and Services will meet the performance requirements and/or that they will operate non-stop without any bugs or meet the user’s particular specifications or needs.
The Parties hereby acknowledge that the software may contain errors and that not all errors can be corrected financially nor is there always a need to correct them. Therefore, Sarbacane Software does not guarantee that all of the defects or errors in the technologies used for the software will be corrected.
As a result, users must take all measures to establish adequate breakdown plans and take any appropriate action to minimize the consequential damages particularly linked to possible interruptions in the use or possible losses of data generated by the software through its use.
Sarbacane Software cannot be held liable for damages, incompatibility or problems caused by the software which may result from its use. This includes but is not limited to computing material, software, the operating system or any other computer accessory of any kind.
Users are hereby informed that an email may not contain more than 3 Mb of images hosted on Sarbacane Software servers. If this limit is exceeded, the user will have the choice to host the images on their own personal server or include them in the body of the email which will increase the total size of that particular email.
Sarbacane Software is liable for the poor performance of its obligations. Nonetheless, Sarbacane Software will not under any circumstance be held liable for:
- Damages resulting from a failure by the user to observe these conditions;
- Damages partially or fully resulting from improper, malicious and/or abnormal use by the user of the Services including due to negligence, error, defects and/or non-observance of given tips and recommendations;
- immaterial, indirect, accessory, special or moral damages and, particularly, damages resulting from a loss of profits, a loss of opportunity, a loss of exploitation, revenue shortages or deprived use;
- damages resulting from the use by the user of programs in connection with the Services not provided or supported by Sarbacane Software which may affect the Services or user’s Data.
- damages resulting from the use of all or part of the Services by the user when Sarbacane Software for any reason whatsoever following a difficulty recommends the suspension of use;
- damages connected to an intrusion or fraudulent maintenance by a third party of the system or the illicit extraction of data despite the implementation of security means pursuant to the current state of technology as Sarbacane Software is only liable for best effort undertaking as concerns known security techniques;
- damages not exclusively or directly resulting from a failure by Sarbacane Software, particularly a defect in the Internet network or a failure by a third party or even a defect in any element over which Sarbacane Software does not exercise complete control.
All things considered, Sarbacane Software’s liability shall be limited to the amount of the sums actually paid by the customer to Sarbacane Software over the 12 months preceding the event that produces the damage, without distinction.

10 -Suspension - Cancellation

10.1 Suspension

Sarbacane Software reserves the right to suspend the User from all access to the Services ipso jure without prior formal notification without the User being able to claim any type of indemnity for such action in the following cases:

- If erroneous information is sent by the user;

- in situations of suspected intended fraud;

- failures to observe the customer’s obligations outlined in articles 8.1 and 8.2, 8.3 of the provisions herein;

- if complaints are received from email recipients;

- if the user engages in behaviors and/or acts in a manner that may endanger the security and/or normal operation of the Services.

If the user fails to observe any other obligation not indicated above, especially as concerns the non-payment of the price, Sarbacane Software reserves the right to suspend their account(s) and access to one or more Services without any compensation for the user after the user is notified by any means (mail, email...) with a formal notification to cure and the failure is not cured within the period indicated.

These provisions do not release the user from the payment of any sums due during the suspension of the Service(s). The suspension does not mean Sarbacane Software waives its right to cancel.

10.2 Cancellation

The user may cancel any Service in the manner and under the conditions outlined herein and upon ordering. Users may also request their accounts be deleted. Notwithstanding, such situation will result in the cancellation of all subscribed Services with the sums due immediately payable.

Unless otherwise indicated in the general terms of use, any account or Service may be cancelled ipso jure by the harmed Party without prejudice to any other damages that may be claimed from the breaching Party and the sums remaining due if a Party breaches its obligations and does not cure the breach within a period of 8 days beginning on the date an email is sent to the breaching Party communicating the breach or a registered letter is sent with acknowledgement of receipt.
Sarbacane Software may, nonetheless, cancel any account or Service ipso jure without prior formal notification and without prior notice in the event of a breach of articles 8.1, 8.2 and 8.3 or if a complaint is lodged by email recipients or if the customer engages in behavior and/or acts in a manner that may endanger the security and/or normal operation of the Service and/or Services collectively or individually.
Even if Sarbacane Software does not suspend access or the Service or an account or cancel the subscription, the user will not be released of their liability and nor will Sarbacane Software be held liable.
Any credit not consumed by the termination date or cancellation will be definitively lost. No reimbursement will be made. Cancellation due to a reason attributed to the customer will mean any sums due will be immediately payable.

11 - Force Majeure

Neither Sarbacane Software nor the user may be held liable for any failure or delay in the performance of all or part of the contractual relationship due to an event of force majeure if such fulfils the legal and jurisprudential conditions required to be considered force majeure pursuant to French law.
Moreover, Sarbacane Software and the user hereby expressly agree that the following shall be considered situations of force majeure: interruptions, a breakdown or the sabotage of means of communication, fire, flooding, extreme weather, damage, rioting, war, total or partial strikes, lock outs.
Any situation of force majeure shall suspend each of the parties’ obligations for the period during which such situation persists. Nonetheless, either Sarbacane Software or the User may rescind the contractual relationship ipso jure eight (8) days after sending a registered letter with acknowledgement of receipt, notifying the other party of their decision if the situation of force majeure persists for more than thirty (30) consecutive days.

12 - Confidentiality and Personal Data

Under the scope of the provision of the Services, the Parties may need to exchange confidential information: any information, whether or not it is identified as confidential, of any nature whatsoever and whether oral, written, in electronic format or in any other form whatsoever particularly including techniques, know-how, notes, notices, estimates, reports, studies, analyses, designs, fonts, listings, tables, software, specifications, figures, graphs, sound recordings, compilations, forecasts, copies, any meetings or documents relating to past, present or future business or projects directly or indirectly communicated by the Parties; hereinafter referred to as "Confidential ".
The Parties’ trade references shall not be considered Confidential Information.
The Parties hereby undertake to keep all Confidential Information strictly confidential and not to disclose any of it except for the sole purpose of performing their obligations and under the scope of this agreement unless previously agreed in writing by the Party concerned.
This confidentiality commitment does not apply to information: - which enters the public domain prior to the date of disclosure or communication or which enters the public domain after communication and/or disclosure at no fault attributable to the disclosing Party; - when it may be proven that it was already known by the Party prior to transfer; - which occurs independently of the Party; - which is received by a third party illegally without any breach of contract; - when the applicable regulations or a court decision forces disclosure.
Sarbacane Software collects data associated with account creation, electronic payments, orders (title, company, full name, email address, zip code, telephone number, fax number...) and the data provided by the customer associated with the use of the Services may be subject to the French Data Protection Law (hereinafter referred to as "Data"). The collection and use of these Data are for the purposes of managing the business relationship with the customer (order processing, billing...), the establishment of statistics and provision of the Services.
Sarbacane Software is prohibited from communicating the Data to anyone other than those who must know them in order to manage and provide the Services. Thus, the Data are not transferred to any third party except those who participate in the management and provision of the Services. Nonetheless, Sarbacane Software will be required to transfer any information requested upon an order by a court and/or government authority.
Sarbacane Software hereby undertakes not to use the Data except to perform its obligations under the terms herein and with respect to the conditions of this article. All Sarbacane Software personnel are held to professional secrecy.

More particularly, Sarbacane Software agrees not to modify or disclose any content of any of the messages sent by the user to any third-party recipient without prior authorization from the user unless (i) required by law; (i) required by court authorities or legal proceedings; (iii) in application of this agreement; and/or (iv) it is to protect the rights and/or property of Sarbacane Software, its licensors or any other third party. The user, however, hereby acknowledges and agrees that messages may need to be technically processed in order to send and receive them in order to comply with the connection network technical requirements, to comply with the Service limits and their equipment or to comply with other technical requirements.
The Data are hosted on infrastructures within the European Union and are kept subject to current law. The user acknowledges that Sarbacane Software has no control over the transfer of the user’s Data via public telecommunications networks used by the user to access the Services or the Internet network. The user hereby acknowledges and agrees that Sarbacane Software cannot guarantee the confidentiality of the Data during transfer thereof over said public networks. As a result, Sarbacane Software will not be held liable in any way, in particular, for the rerouting, capture or corruption of the Data or any other event that may affect them during their transfer using public telecommunications networks.
The software contains license recording and administration technology. This technology is generally used upon opening the software or during its use. It makes it possible to manage the licenses and Services accessible remotely which are associated with the customer’s account. The user hereby acknowledges and agrees that this technology uses a secure communication connection to Sarbacane Software via the Internet or technology which may become available in the future and that information collected on the machine where the software is installed which identify it is transferred to Sarbacane Software. The user hereby agrees that Sarbacane Software may analyze the information transferred using this technology to the license recording and administration service for control and statistical purposes. Moreover, the user authorizes Sarbacane Software to verify that the software is used in accordance with these terms. The user agrees to allow Sarbacane Software or third party personnel responsible for verification access to the premises and the configuration where and over which the software is used. The user undertakes to cooperate in good faith with such verification. Verification operations shall be undertaken on business days and during the entity’s business hours in order to disturb the user’s activities as little as possible.
Pursuant to the French Data Protection Law of January, 6 1978 (modified by French Law of August, 6 2004 on personal data protection), the user has rights of access, rectification and legitimate opposition in relation to the personal data collected concerning them. These rights may be exercised by contacting Sarbacane Software at the following email address, attaching a copy of the individual’s identity card: privacy@mailify.com

13 - Modification of Prices, Services and General Terms of Use

Sarbacane Software reserves the right to modify the offers, Services and/or terms of these general terms of use, especially based on the evolution of technology and/or the law. If Sarbacane Software were to entirely interrupt the Service, Sarbacane Software shall then reimburse all fees pro-rata in relation to the Service downtime the customer may have paid for in advance.
Any modifications shall be communicated on the Site and made known to users via said method. The user is asked to check the Site regularly. If the general terms of use are modified, the user may cancel the Services at no cost, notwithstanding the terms of the general terms of use stating otherwise, by sending a registered letter with acknowledgement of receipt to Sarbacane Software within thirty days after the entry into force of such modifications. Beyond said deadline, the user will be considered to have agreed to the modifications.
Sarbacane Software may also modify the prices at any time. When the price modifications are applicable to contracts underway, the user will be informed one month in advance of the entry into force of the new rates by any means. As soon as this information is provided, the user will have one month to cancel the contract concerned at no cost by sending a registered letter with acknowledgement of receipt. Beyond said deadline, the user will be considered to have agreed to the modifications. Nonetheless, Sarbacane Software reserves the right to charge any new regulatory, administrative or fiscal tax or any increase in said taxes without prior notice without any cancellation possibilities for the user.

14 - Advertising

Sarbacane Software is authorized to mention the user’s business name and corresponding logos as trade references through any communications medium. Such mention will be free of cost and will not be subject to any type of compensation or payment of any kind. The customer may end such authorization at any time upon written notification to the address hello@mailify.com

15 - Severability

If any of the clauses of these terms and/or the special conditions, as applicable, are declared invalid or unenforceable, said clause shall be separated and the remaining parts of the general terms of use / special conditions shall remain fully in effect.

16 - Non-Waiverability

It is formally agreed that any tolerance or waiver by one of the Parties to enforce any of its rights shall not be considered a modification of the general terms of use and special conditions, as applicable, nor produce any waiver of any future right.

17 - Titles

The titles are indicated for convenience only. If there is any contradiction between the title and the body of an article, the body of the article shall prevail.

18 - Law and Competent Jurisdiction

All contractual relationships between Sarbacane Software and the user are subject to French law.
In lack of an amicable agreement,
any disputes shall be subject of the exclusive competence of the Commercial Court of Lille Metropole, even for cases of incidental claims, guarantee claims or involving multiple defendants.

19 - Proof

The computerized records saved in the Sarbacane Software computer systems or that of its partners under reasonable conditions of security shall be considered proof of notification, order and payments between the Parties.

For any questions relating to these general terms of use or to obtain a PDF version, please send an email to: hello@mailify.com

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