1. The Services:
To access and use MyMailMerge Services, you must:
(a) complete the age of majority as per the laws of the country.
(b) finish the registration process to create a user account on MyMailMerge.
(c) provide accurate and up-to-date contact and account verification information.
Account and Password: You will be responsible for the activities that will occur through your account, whether or not that activity is done by you. In terms of account and password, you agree to take reasonable precautions to ensure that password, username and other important account info are kept confidential, to not share such information, and to immediately notify us of any unauthorised use of your account.
Updates or Modifications: MyMailMerge may from time-to-time make updates or modifications to its provided Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition or removal of functionality, features, or content) and you agree to this.
Anti-Spam Measures: MyMailMerge reserves the right to take any and all measures it deems necessary or appropriate in its sole discretion (whether legal, technical or otherwise) to prevent from being used to send unsolicited or spam email and to address complaints by third parties regarding the sending of such email. You agree that My Mail Merge may in its sole discretion suspend or cancel your account if it suspects that your account is being used to send unsolicited emails.
2. Rules of Use:
Use by Right:
You agree that you will at all times use the Services in a manner consistent with below given terms.
(a) You Acceptable Use Policy and any other applicable rules, policies, and guidelines established by MyMailMerge in respect of the Services.
(b) Misuse or unauthorized use of our Services and its related systems or networks, or of any information or material available through the Services is strictly prohibited. MyMailMerge reserves the right to immediately suspend or cancel the account of any user who is using the Services in violation of these Terms.
Compliance with Laws & Regulations: You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including without limitation, all applicable anti-spam and privacy laws. The Regulations may include depending upon your use of the Services, but will not necessarily be limited to, CAN-SPAM, CASL, and GDPR. You will be solely responsible for determining whether the Services as used by you comply with the Regulations, and you acknowledge and agree that MyMailMerge will not be liable for any use of the Services by you that violates the Regulations.
Consents: You further represent and warrant that you will not send any emails other than Transactional Messages (as defined in Section 2.4) unless you have the valid consent of recipient of mail under the Regulations to receive communications from you.
Transactional Messages: Services of My Mail Merge may allow you to send Transactional Messages. Such messages are defined as communications that are sent in response to an action by an email recipient related to a product or service offered by you or that concern the ongoing use, purchase or subscription by an email recipient of a product or service offered by you. You must not send Transactional Messages that are bulk messages or messages that have a purpose of encouraging participation in a commercial activity.
3. Intellectual Property:
MyMailMerge Services: MyMailMerge is the owner of the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by MyMailMerge. Without limiting the generality of the foregoing, MyMailMerge owns the trademarks and design marks, trade dress, domain names, service names, logos and associated designs (“Trademarks”) used in connection with the Services and any unauthorized use of the My Mail Merge Trademarks is strictly prohibited.
Feedback/Suggestions: If you submit any suggestions, comments or other feedback (“Feedback“) to MyMailMerge regarding the Services, you agree that MyMailMerge shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. For greater certainty, you agree that MyMailMerge may use and exploit any Feedback in any way at our discretion, without compensation or obligation to you or to any other party.
User Content: You will retain entire ownership of the information and content which include text, images, video, audio, and other material that you upload, publish, transmit, link to or otherwise make available through the Services (“Content”). You grant to MyMailMerge a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index and archive User Content or to incorporate it in other works in any form, media, or technology, for the full term of any rights that may exist in such User Content, for the purpose of providing the Services. You will be solely responsible for User Content that you upload, publish, transmit, link to or otherwise make available through the Services.
Pricing: If you are purchasing Credit or otherwise making a payment to MyMailMerge, you must provide MyMailMerge with a valid credit card or other forms of payment instrument approved by MyMailMerge. You agree that MyMailMerge has permission to retain and/or share with financial institutions and payment processing firms your submitted payment information in order to process your purchase. If you select an automatic payment option, you agree that MyMailMerge may automatically bill your credit card or other forms of payment instrument approved by MyMailMerge in accordance with the terms of the applicable automatic payment option. MyMailMerge may change the fees charged for Credit from time to time, including without limitation, fees charged under an automatic payment option, by posting a new pricing structure to the Services or otherwise providing you with notice. All payments must be made in Indian Currency or United States dollars.
Refunds: MyMailMerge does not issue refunds for unused credit or unused periods of service.
Disputes: You must submit to MyMailMerge any disputes with respect to charges within 2 (two) days of the date such charges are incurred. You agree to waive all disputes not brought 2(two) days of the date charges are incurred and that all such charges are final.
5. Data Privacy:
Email Record Retention: You acknowledge and agree that MyMailMerge may, in its sole discretion, permanently erase email records (e.g. copies of emails sent and certain information relating to sent emails) after 15 days of such emails being sent, and MyMailMerge has no obligation to retain such records beyond the 15 days period. My Mail Merge database does not store the contents of your email marketing campaigns, except for the From Address used for each campaign.
6. Confidential Information:
You agree to keep strictly confidential the Confidential Information and to not use or disclose the Confidential Information for any purpose other than as required for your use of the Services. It means any information of MyMailMerge that is reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form.
7. Term and Termination:
Term: These Terms will come into effect on the date on which you first register yourself on the website or access or use the Services and shall continue until your account is cancelled.
Termination: You may cancel your account at any time by sending a cancellation request to email@example.com. MyMailMerge reserves the right, in it’s sole discretion and at any time, to immediately suspend or cancel your account, with or without cause, with or without notice and without any refund. You agree that MyMailMerge will not be liable to you or any third party as a result of such suspension or termination.
8. Purchaser Indemnity:
You agree to defend, indemnify and hold MyMailMerge harmless from and against any and all claims, actions or demands, including without, limitation reasonable legal and accounting fees, resulting from or related to: (i) your access to or use of the Services or any User Content; (ii) your violation of these Terms or the Acceptable Use Policy ; (iii) your violation of any applicable laws, including without limitation, anti-spam or privacy laws; or (iv) your violation of any third-party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You will use your best efforts to cooperate with MyMailMerge in the defense of any claim. MyMailMerge reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. Reseller Account:
Permission: MyMailMerge may permit you to resell the Services via sub-accounts to third parties (“Third Party Customers”). In the event MyMailMerge grants you permission to act as a reseller of the Services.
Means of Resolution: You and MyMailMerge agree that any disputes arising under these terms or otherwise in connection with your use of the Site will be resolved.
Jurisdiction and Venue: All disputes under these Terms will be resolved by a court of competent jurisdiction located in New Delhi, India provided that the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief.
Notice: MyMailMerge may communicate with you about the Services or these Terms, including any changes to these Terms, by email or by posting notices on the Site. Unless expressly prohibited by law, you consent to receive communications relating to the Services or our business relationship from MyMailMerge electronically and agree that all notices, waivers, agreements, disclosures and other communications satisfy any legal requirements that such communications be in writing. You may provide legal notice to MyMailMerge at:
MyMailMerge Email: firstname.lastname@example.org