Effective as of September, 2023.
This Subscription Agreement (the "Agreement") is a legally binding contract between Mail Automation, Inc., a company registered in Wilmington, DE 19802 US, with a registered address at 2810 N Church St #50754, hereinafter referred to as "Mail Automation," "we," or "us," and you, or the entity you represent if you are using our services on behalf of an employer or client, hereinafter referred to as "you" or "client." This Agreement governs your use of UnliScale (the "Service"), provided by Mail Automation, Inc. through our website at https://www.mailmerger.co/, and all related services.
Mail Automation reserves the right to modify or update this Agreement at its sole discretion. Any changes will be posted on our website or communicated through other appropriate means at least 30 days before they take effect. Your rights under this Agreement will be subject to the most current version posted on our website.
Please read this Agreement carefully. By subscribing to UnliScale, accessing, or using our website or services, you agree to be bound by the latest version of this Agreement, consisting of the following documents in order of priority:
Specific Terms (if any)
Article 1. Definitions
In this Agreement, the following terms shall have the meanings ascribed to them unless expressly stated otherwise:
"Assistance Services" refer to any consulting services, development, configuration, and settings assistance provided by Mail Automation to enable you to access and use the Service, including integration of an API into your website or implementation of an "SMTP-IN" protocol for email transfers. Assistance Services include Consulting Services, On-boarding and training services, as well as all related services.
"Data" means electronic data, whether or not personal data, which are collected, managed, processed, and/or shared by you and Mail Automation through the Service.
"Service" means the UnliScale application solution hosted on servers and/or cloud infrastructure designated by Mail Automation. The Service includes features such as email campaign management with real-time monitoring of email deliverability, sending and managing transactional emails. Mail Automation reserves the right to adapt, arrange, or modify any components of the Service during the term of this Agreement, provided maintenance and support commitments are upheld.
"Intellectual Property Right" encompasses all industrial property and copyrights, including patents, trademarks, designs, copyrights (audiovisual effects, graphic interfaces, preparatory design material, software and source code, specifications, and ancillary documentation).
"Specific Terms" encompass all specific terms and conditions mutually agreed upon with you, specifying financial and technical elements as outlined in a quotation.
"Website" means the web pages associated with the technological features of the Service described in the Service Documentation, accessible and configurable by you, especially the "Admin" interface, in accordance with this Agreement.
Article 2. Service and Support Levels
2.1 Service Levels
Mail Automation will make reasonable efforts, in accordance with industry best practices, to ensure that emails sent by you through the Service are properly routed to their recipients' electronic mailboxes. We provide an online automatic monitoring service that allows you to update and modify your mailing lists and email campaigns in real-time.
You may also have the option to subscribe to additional recommended services to enhance the Service, which will be invoiced separately and provided upon your acceptance of a quotation as outlined in the Specific Terms.
2.2 Support Levels
You are responsible for appointing an administrator ("Administrator") who will collect information and assistance requests from your users and attempt to respond to them. Mail Automation will provide second-level support for the Service ("Support"), which includes responding to the Administrator's requests for information and support related to Service usage or resolving anomalies that the Administrator cannot resolve through first-level support.
The Administrator is responsible for creating a Support ticket by sending a request that includes as much detail as possible. Only the Administrator is authorized to contact/access the Support service.
Article 3. Use of the Services
3.1 Use of the Services
You shall comply with the terms and use restrictions outlined in this Agreement and in the Operating Policies. You are responsible for ensuring that your users also comply with these terms and use restrictions.
You shall not interfere with or disrupt the operation of the Service and must adhere to the terms of this Agreement for access and use of the Service. When using the UnliScale API, you are responsible for your usage and must limit your API calls to a reasonable volume. Mail Automation reserves the right to take necessary action to address improper use of the API.
The Services are provided for your use and may not be used to send promotional emails on behalf of third parties or assign the use of the Services to your own customers.
If you are an indirect UnliScale subscriber, you may use the Services on behalf of your clients, subject to Specific Terms, including the use of sub-accounts to separate email traffic for your clients and providing necessary support to end-users.
You are solely responsible for any Data, information, or content, including email content, sent through the Service, whether provided by you or third parties. You must ensure that your content complies with applicable laws and regulations and does not:
Infringe on the intellectual property rights of third parties.
Contain viruses or malicious code.
Violate any laws or regulations, including those related to bullying, harassment, libel, or obscenity.
Contain sensitive personal data, including social security numbers, health information, or financial data.
Provide false, misleading, or inaccurate information.
Mail Automation has the right to monitor the Service and Data submitted to it, and may take necessary actions to prevent unlawful activity, including removing content or denying the routing of certain Data or emails.
You acknowledge that Mail Automation is not liable for any loss or destruction of Data or content and is responsible for maintaining proper backups.
Article 4. Compliance with the Law
You agree to comply with all applicable laws and regulations in the countries from which you access the Website and use the Service, as well as in the countries to which you send emails. You shall indemnify and hold Mail Automation harmless from any claims or losses arising from your non-compliance with applicable laws and regulations.
If you become aware of any violation of these Terms or any laws or regulations, including security breaches, you must immediately notify Mail Automation.
Article 5. Plans – Financial Terms
We offer various subscription options, including free and paid plans, which are detailed on our website at https://www.UnliScale.co/pricing. Pricing is in US Dollars.
You can cancel your subscription at any time by logging into your UnliScale dashboard and following the cancellation process outlined in the "Billing" section. Cancellation takes effect immediately, and you will not be charged for future renewals. To avoid charges, it is recommended to cancel your subscription a few days before the renewal date.
Customers are eligible for a refund within 7 days of purchase if they are not satisfied with the product. Refunds may be processed after an investigation in cases where UnliScale has been used successfully for email campaigns. After the 30-day period, refunds are not available.
Article 6. Termination
6.1 Termination by Mail Automation
Mail Automation may terminate your account and the provision of Services under the following circumstances:
Termination at any time and for any legitimate reason for a free plan with reasonable notice.
Termination following any breach of laws or regulations, or this Agreement, including non-payment, payment incidents, security breaches, or fraud in connection with the Website.
6.2 Consequences of Termination
Upon expiration or termination of your account for any reason, all outstanding amounts owed by you become due and payable immediately. We will not refund any prepaid fees, and you will be charged the full amount that would have been due for the remaining term.
Article 7. Intellectual Property – Access and Use Rights
The UnliScale name and all trademarks referenced on the Website are the registered trademarks of Mail Automation, Inc. You are not allowed to use these trademarks without our express written agreement. All content on the Website, including graphics, logos, page headers, icons, and service names, is the property of Mail Automation, Inc. and its affiliates. Other trademarks on the Website are the property of their respective owners.
All elements on the site, such as graphic elements, logos, headers, icons, service names, literary content, and computer programs, are protected by copyright laws and remain the property of their respective authors. You are not allowed to use the content or design of the site without our express written agreement. You may not use, copy, modify, create derivative works, reverse engineer, decompile, or extract the source code of our platform. Any activity that infringes this Agreement violates copyright law and will be prosecuted.
7.3 Right of Access and Use
Subject to full payment of all fees for any paid plans, Mail Automation grants you a limited, non-exclusive, non-transferable, personal, and temporary right to access and use the Service. This grant of rights does not constitute an assignment of any intellectual property rights.
Mail Automation retains the exclusive right to adapt, arrange, or modify any components of the Service, including correcting errors. Mail Automation also retains ownership of all intellectual property rights related to the Service, associated documentation, and any copies or derivatives thereof.
Article 8. Warranties
Mail Automation makes reasonable efforts to provide a functional and substantially compliant Service. However, we do not guarantee a completely error-free service. If you encounter non-compliance issues, you must notify us promptly, and we will make reasonable efforts to remedy the issue.
Support Services will be provided according to the description in the Specific Terms, if applicable, and proper codes of practice. You declare, warrant, and agree that you have the right and authority to subscribe to and use the Services, accept these Terms, and provide accurate Data.
Article 9. Limitation of Liability
Mail Automation is not responsible for the availability of external websites or sources linked to the Service and shall not be liable for their content or materials. We are not responsible for the behavior or actions of other users. Mail Automation shall not be liable for indirect or consequential damages, including loss of revenue, profits, business interruption, or Data loss, except with respect to any indemnification or confidentiality obligations stated herein or any breach of security affecting you.
Mail Automation's aggregate liability for any and all claims arising under this Agreement shall not exceed the amount paid by you to Mail Automation, if any, for the use of the Website and Services during the twelve (12) months preceding the damage occurrence. This limitation does not apply to damages due to bodily injury or willful misconduct or gross negligence.
You acknowledge that you have subscribed to the Services with knowledge of the associated risks, and the pricing reflects this limitation of liability, which is integral to the economic balance of this Agreement.
Article 10. Confidentiality
Both parties agree to treat as confidential and not disclose information, documents, or disclosures exchanged between them during the term of this Agreement. Confidentiality obligations also apply to subcontractors and third parties.
Excluded from confidentiality obligations is information that is generally available to the public, required by law, or subject to a judicial or administrative ruling.
Article 11. Miscellaneous
11.1 Transfer of the Agreement – Change of Control
You may not transfer this Agreement or any rights derived from it without Mail Automation's prior written agreement.
Mail Automation reserves the right to use subcontractors to provide Services, and we remain liable for their performance in accordance with this Agreement.
11.3 Entire Agreement
This Agreement, including Operational Policies, purchase orders, or special conditions, constitutes the entire agreement between you and us. It supersedes all prior oral or written commitments concerning the subject matter of this Agreement. Any modifications must be in writing and signed by both parties.
If any provision of this Agreement is deemed void or invalidated by a court decision, the remaining provisions shall remain in full force and effect.
11.5 Force Majeure
Mail Automation shall not be responsible for defaults or delays due to extraordinary events beyond our control, including Force Majeure events. If a Force Majeure event occurs, this Agreement shall be suspended during the event, and neither party shall be liable for non-performance or delays. If the event continues for more than 60 days, either party may terminate the Agreement.
11.6 Governing Law – Jurisdiction
This Agreement is subject to the laws of [Your Jurisdiction]. Any disputes shall be resolved in [Your Jurisdiction] courts.
Mail Automation, Inc.
2810 N Church St #50754
Wilmington, DE 19802 US
Support/Contact Email: hello@UnliScale.com
Mail Automation, Inc., a company registered in Wilmington, DE 19802 US, with a registered address at 2810 N Church St #50754, Wilmington, DE 19802 US.