Terms of Service
THESE GENERAL TERMS OF SERVICE serve as a legal agreement between ZagoMail and you as the Client, whether you be an individual or a representative of a company, that’s governing the use of ZagoMail’s https://www.zagomail.com website, the emailing services, and other related services that ZagoMail provides.
ZagoMail has the right to amend or update these terms and conditions at any time and its sole discretion, by issuing a notice on its website or by other means of notification. If feasible, this should be done at least 30 days before it takes effect, and the Customer’s rights will be controlled by the most recent version shown on the website at the moment of use.
PLEASE, READ THESE TERMS CAREFULLY. BY SUBSCRIBING, ACCESSING, OR USING THE WEBSITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE.
BY CONTINUING THE USE OF ZAGOMAIL’S WEBSITE OR PROVIDED SERVICES, YOU AGREE TO FOLLOW THE LATEST VERSION OF THE AGREEMENT INCLUDED IN THE FOLLOWING DOCUMENTS, LISTED BY ORDER OF PRIORITY:
I. DEFINITION OF THE TERMS (DEFINED IN ARTICLE 1), WHEN APPLICABLE.
II. THE SPECIFIC TERMS CONTAINED IN THESE REGULATIONS
III. OUR ANTI-SPAM POLICY
IV. SERVICE LEVEL AGREEMENT (SLA)
V. OWNER AND DATA COLLECTOR
SAS IRONZAGO Registred in Paris, France under the company number 921664959
Contact: [email protected]
The services described in these Terms of Services are reserved for professional use. You must be at least 18 years old to use ZagoMail.
Acceptable Use Policy
ZagoMail has a strong and deep compromise on helping customers grow their business through the use of our services.
Therefore, ZagoMail chooses to protect the platform by having an Acceptable Use Policy that forbids certain topics and/or practices that may affect the coexistence you may have with the platform.
Newly formed accounts must go through our approval procedure. This is to ensure that the account is genuine and legitimate, and that it won’t recur in abusing the tools we offer through our platform.
When you start making an account on ZagoMail, you immediately agree to this. Keep in mind that ZagoMail maintains the right to restrict your access to the platform, which will prevent you from using any of our features.
Prohibited Content Policy
ZagoMail retains the right to cancel any account at any time, without notice and without the user’s agreement, if they engage in any of the prohibited behaviors outlined in this Prohibited Content Policy.
Here is a list of what you’re not allowed to do in ZagoMail:
Explicitly share content that involves any abusive/sexual activity with a minor under the age of 18.
Sharing fraudulent or harmful links that may contain, but are not limited to viruses, worms, phishing, malware, or any other type of malicious website/links or malware.
Creating an emailing list through unethical practices such as purchase, scraped lists, or any other way of email listing that involves non-permission and non-consent from email users, which also violates our Anti-Spam Policy.
Approach email users with deceit regarding your identity, website, or industry.
Promote the use of drugs, sell medicine, or online pharmacies that contain no permission whatsoever nor a permitted license from a trusted government authority.
Share explicit adult content that doesn’t serve any educational or artistic purpose.
Share promotions about easy-money-making schemes or the like.
Share CPA (Cost per Action) affiliate sites or similar, network marketing sites, affiliate educational offers, or insurance sales promotions.
Promote content that explicitly promotes violence, illegal activity, and hate speech towards others.
Distort the identity of another person, corporation, or relationship with a person or company.
Any type of content that goes against the CAN-SPAM Act or other Anti-Spam laws.
Poorly collected lists or low-quality content that may be sent to your target audience’s junk mail or spam folder.
Any content that incurs in the violation of our Anti-Spam policy and gets reported to us as abuse.
Using plagiarized content, which may be presented explicitly or implicitly, word for word or by sentence mash-up, paraphrased manually or with a paraphrasing tool, unoriginal, and copied from another individual, page, or organization that may be subject to fines by federal law. These apply but are not limited to video graphics, audiovisual files, written words, and all other content subject to copyright policies.
Content that is harmful or misleading.
We don’t permit ZagoMail forms or landing pages that are used to collect sensitive user data. We also don’t allow you to store this information within your ZagoMail account.
Note: We will terminate any account that’s found violating any of the clauses expressed above. No refund for the service will be provided, and the exportation of any account data will be subject to ZagoMail’s discretion.
Additional Examination of Industries and Content
Besides the rules described above, there are industries that we may allow partially but under certain conditions. Each condition will be evaluated on an account per account basis. These include, but don’t limit to:
AFFILIATE MARKETING: We only permit the use of affiliate links in part for affiliate marketing purposes, not material that is fully dependent on them. Selling various types of tools or software, as well as ‘business in a box’ schemes, are examples of this.
MULTI-LEVEL MARKETING: ZagoMail accepts educational content and multi-level marketing product advertising as long as none of the content is connected to pyramid schemes, which are illegal and can result in significant legal consequences. It’s against the rules to use ZagoMail to recruit new users or to misrepresent your product or program in any manner.
FINANCIAL/EDUCATIONAL OFFERS: We have no issues with educative information on most topics, but we will interfere if these themes focus on financial advertising, such as scholarships or mortgages.
CRYPTO/BITCOIN: You can tell people about the newest Bitcoin or Crypto trends and tactics as long as the information is instructive and not intended to promote quick money schemes. We also accept the use of our platform to assist in the advertising of NFTs merchants, but the account should not be only for this reason and must remain relevant to your viewers.
ZagoMail always monitors the activity of your account and the interaction it has with its subscribers. This is to ensure that all safe and good email marketing practices are followed. Additionally, we revise unsubscribe rates to make sure that your account is following all the clauses within our Terms of Services, our Anti-Spam Policy, and our Prohibited Content Policy, stated above. We take all the spam complaints seriously, which is why we also keep this into consideration when monitoring an account. An elevated number of unsubscriptions or spam complaints will result in you being liable for manual revision, suspension, and even termination of the account. In this case scenario, ZagoMail reserves the total right of hesitating to provide information surrounding the data of your current account, including email listings.
ZagoMail requires that all Customers provide proof that the subscribers on their list provided explicit consent to receive their email messages, or that they have bought a product from the sender within the past 12 months and gave consent to receive an email confirmation at the time of purchase. Opt-in confirmation serves as evidence for these matters when it comes to subscribers gained through ZagoMail.
Code of Conduct
The coexistence of each individual is important for us, here, at ZagoMail. Our staff works hard to provide 24/7 customer support, with maximum excellence and efficiency, which is why we care about how they behave with you and why we expect that each person acts according to our code of conduct, in which we prohibit the following:
Using foul language against another individual,
Insulting someone based on their gender, race, ethnicity, political affiliation, or religious preference,
Insulting someone based on their type of lifestyle,
Promoting content that discriminates against a specific group of people,
Any misconduct that may be categorized with the ones described above,
Abusive, threatening, or demeaning behavior against any member of our staff
Not abiding by the abovementioned prohibitions may result in the suspension or total termination of your ZagoMail account.
If ZagoMail decides to terminate your account for any of the above mentioned violations, including prohibited content, spam violations, or any other compliance issues, your account won’t be eligible for a refund and therefore you will not be allowed to open a new account.
If you find a message sent through ZagoMail, and you believe that it violates any of the terms described above, you can safely contact us through [email protected]. We will have one of our Customer Support staff review the situation and we will make sure to take proper disciplinary action against the sender.
Article 1. Definitions
For the matters of this agreement or contract, the terms that we use throughout this document shall have the definition as is defined below, unless it’s otherwise expressively stated or if the context of the matter requires another meaning for the term used in that specific case.
ADMINISTRATOR: Person in charge of retrieving information and assistance requests from your users and being diligent with responding to them.
ASSISTANCE SERVICES: Any consulting service is referred to as this term. It may involve but is not limited to the development, configuration, and settings support provided by SERVICE PROVIDER for CLIENT to access and use the SERVICE, such as integrating an API into its own website or implementing an “SMTP-IN” protocol for email transmission. CONSULTING SERVICES, On-Boarding and Training Services, and other related ASSISTANCE SERVICES are examples of ASSISTANCE SERVICES.
CLIENT: The person who requires ZagoMail SERVICE, whether they be a sole individual, an employer, or a company representative.
DATA: This refers to the CLIENT’s electronic data, which includes personal information gathered and supplied to the SERVICE PROVIDER by the CLIENT. These are managed and may be meant for third parties via SERVICE access and usage permissions.
SERVICE: Refers to the tools and the benefits that ZagoMail provides to CLIENT by allowing them to use the externalized application solution stored on SERVICE PROVIDER’s servers and/or cloud that can be accessed remotely by CLIENT. The SERVICE includes email campaign management, including real-time monitoring of sent email deliverability, newsletter building and sending, transactional email, SMS sending, and administration. During the period of this AGREEMENT, the SERVICE PROVIDER maintains the right to adapt, modify, or change any of the tools supplied for each service. ZagoMail also retains the right to discontinue providing services on an infrastructure that is judged unsuitable or obsolete and to migrate services to a new infrastructure. If any of these changes are made, SERVICE PROVIDER will contact you and encourage you to use the newly established structure, as well as transfer your existing account.
“SERVICE PROVIDER”, ”WE”, ”US”: All of these terms refer to ZagoMail as a SERVICE PROVIDER.
INTELLECTUAL PROPERTY RIGHT: Patents, trademarks, designs and models, and copyrights are all examples of industrial property. They may include but are not limited to audiovisual effects, graphic interfaces, preparatory design material, software and source codes, specifications, and auxiliary documentation.
SPECIFIC TERMS: They are the specific clauses, terms, and conditions that were mutually agreed upon with the CLIENT, stating the financial and technical elements specified in the financial aspect of the service.
WEBSITE: This term refers to the web pages related to the technological features of the SERVICE described in the service documents, which may be accessed or configured by the CLIENT. This may also refer to the “Admin” interface, according to the Agreement.
Article 2. Support and Service Levels
ZagoMail expresses the deep compromise it has with its customers. We will ensure that each email you send through us will be delivered diligently to every user, as well as it will be properly routed so it delivers to the right email address. We’ll also provide you with an automated monitoring service that allows you to update, change or modify your email lists and email campaigns in real-time, at any time.
You’ll also have the ability to subscribe to additional services within the platform to improve your customer experience. These additions will be approved once you accept a payment plan fitted to your choice, and they’ll be invoiced separately. The latter is also referenced within the Specific Terms in these TOS.
2.1 Account Administration and Support
Once you have access to your account, you are responsible for assigning an ADMINISTRATOR that’ll be in charge of collecting data from your users. This administrator will also be the one that will answer your user’s request and will respond to each message diligently, to provide good service and avoid falling into the spam category. You can find more about our Anti-Spam policy by clicking here.
In the case an issue arises, the administrator is responsible for requesting support via creating a support ticket at [email protected], expressing the details of the issue that may or may not have arisen before, or during the use of the service. We’ll also assist with any concerns about the proper way to use the service if such doubts or questions were to arise.
Our second-level support is applicable under the circumstances expressed above, but only if the first-level support efforts failed to fix the problem. ZagoMail will work with each administrator thoroughly and provide the best solution to the issue so that neither the customer nor the administrator faces any other problems during the use of the service.
You can read the Service Level Agreement (SLA) or SLA Premium, whichever applies, for further information on the conditions under which you’ll be able to access Support and the commitment levels that apply to each support level.
Article 3. Account and Use of Service
3.1 Proper Use of Service
For you to use ZagoMail and the services and/or benefits it provides, you must comply with these terms of service and closely follow the restrictions and/or protocols that are described in these present TERMS, and within the OPERATING POLICIES. You are also responsible for making sure that your users also comply with them.
You must also give your explicit agreement to the terms and policies provided within this document. The contrary will result in you not having access to the services provided by ZagoMail. Disrupting or distorting the operation of the service is likewise forbidden.
You are solely responsible for how you use the ZagoMail API, and you must keep your API requests to a reasonable volume. If we discover that you have been abusing our platform, ZagoMail reserves the total right to take any disciplinary action that it sees fit, including but not limited to the termination of your account.
By creating an account at ZagoMail, you are subscribing to the services under your name and on your behalf. You are not allowed to use our platform for the promotion of a third-party service, nor to share the access of the service you receive with your customers, even if it’s at no cost, and under no circumstance whatsoever. Under this context, we advise you to keep in mind that one single domain should not have more than two (2) master accounts.
By indirectly subscribing to ZagoMail, you do so under your name, but on behalf of your clients, to promote ZagoMail to them. The SPECIFIC TERMS included in these TOS apply. These include the usage of sub-accounts to separate email traffic from customers that utilize our services, as well as the obligation for End User support.
3.2 Account Data
You are to keep all of this data strictly confidential, including user ID, passwords associated with your account, master accounts, or any attached sub-accounts. If any unauthorized or inappropriate use of your account were to happen, or if this data was stolen by third-party individuals, you are responsible for quickly notifying ZagoMail so that WE can take the proper action to restore, retrieve or delete your account.
The account belongs only to you and is accessible only to you, or any other individuals you have given explicit access permission. You recognize, by agreeing to these terms, that you are the only one responsible for any unlawful conduct that was done with your account, and you recognize that we hold no responsibility for the consequences that may arise from such unlawful acts, and that you neither have the legal authority to hold us liable for such use. ZagoMail reserves the right to verify your identity before restoring your access to your account.
3.3 Prohibited Content
You are the only one responsible and entirely liable for any data, information, or content, specifically the content within the emails, SMS, and newstellers sent through the use of the SERVICE, even if that content was handed to you by a third-party individual or corporation. You are also responsible for the content’s compliance with the Prohibited Content Policy and regulations described below.
Each time you send content through our services, you are, in essence, warranting that the content you are sharing:
Is not, in any way, being plagiarized, copied explicitly or implicitly, violating copyright laws, infringing any Intellectual Property Right, or of any third party’s whatsoever;
Does not include links with malicious malware, such as viruses, worms, or phishing, and neither is intercepting or tracking any other personal sensitive data fraudulently,
That it does not include any encouragement towards unlawful conduct, including but not limited to abusive, threatening, harmful, or vulgar behavior, harassment or bullying, or any offensive behavior toward a third-party individual or group of individuals, or any other objectionable material within this nature,
Neither it contains content that promotes someone to commit a criminal offense or violate any applicable laws within your or your user’s current jurisdiction or any other content that would make you or any user civilly liable,
Does not contain any sensitive data, such as social security number, credit or bank account number or information, insurance case number from any third-party company that provides an exclusive service such as healthcare, or any other type of data that could potentially identify an individual within a systematically organized government or enterprise,
Is not full of harmful, misleading, inaccurate, false, or fraudulent information; and,
You warrant that the content shared through ZagoMail’s email marketing services remains entirely compliant with the OPERATING POLICIES described within the Terms of Service included in this document.
By agreeing to these terms of service, you are aware that we reserve the right, but not the obligation, to monitor the flow of emails and content sent between you and your users. You also acknowledge our full right to delete or deny email routings when encountered with forbidden content, like the ones described above, and as we deem necessary, to prevent any illegal activity that may occur by the use of our SERVICE.
You are also agreeing, and expressively aware, that ZagoMail is not, by any means, responsible for the loss or destruction of Content, including any collected Data, and that you are the only one responsible for the collection of proper backup data in case of any incidents arise within the ZagoMail platform.
3.4 Sending Policy
By using OUR SERVICE, you take full responsibility for complying with the Sending Policy described in this section article. You also acknowledge that you understood that, in the case you fail to comply with our Anti-Spam Policy and Sending Policy by sending unauthorized SMS messages or emails to users who did not give you explicit permission for you to do so, or if SMS messages are sent without the motive of confirming a transaction, or if ZagoMail notices an unusual yet high rate of complaints coming from the use of your account, WE reserve the full right to take disciplinary actions that may include but not limit to:
Suspending our services,
Terminating your account,
Limit your sending,
This applies to a master account or any other sub-associated account, and it will happen without you having the right for full compensation of the terminated, suspended, or limited services.
Limiting your sending means that the number of emails or SMSs sent will be limited, and you’ll need to take the necessary adjustments to make sure you comply with our policies and requirements before ZagoMail sees that your account may return to its normal state. You will remain liable for the payment schedule estimated within your payment plan, regardless of the limitations imposed by US for your lack of compliance with the terms expressed in this document. You will also have to respond to pay extra fines obtained from sending non-transactional SMS messages.
On certain occasions, ISPs (Internet Service Providers) may backlist your account, which means that they may suspend your email from sending messages to certain addresses after detecting suspicious, illegal, dishonest, or malicious behavior. In the case that this happens, ZagoMail will do reasonable efforts to help reverse this backlisting, but you agree and are aware that you must pay for these extra services for US to perform.
Article 4. Compliance with the Law
By agreeing to our terms of service, you agree that you comply with the laws applicable to the jurisdiction from where you access the website and/or use the services provided, as well as with the laws applicable to the country you’re sending emails to.
You also fully recognize, without reservation nor hesitation, that we are not to be held responsible for the unlawfulness fulfilled by you in case you conduct yourself against the laws of the country and/or jurisdiction you belong, or send emails to. We are to be left harmless from any loss, action, or judgment brought upon US due to your non-compliance with the applicable laws, their regulations, and/or amendments.
Additionally, you recognize that you are to fully repay us in the case that WE must appear in court to comply with a legal request from a judicial authority regarding your use of the SERVICE.
You are free to reach out to us through [email protected] if you notice any third-party individual, or group of individuals, violating this clause or any other clause, and/or section described meticulously within these Terms of Service. If you become aware of a security breach or if you discover a security breach being made by such third parties, don’t hesitate to report it to US via this email address, and we will conduct a thorough investigation to take care of the situation in a quick, yet efficient fashion.
Article 5. Plans – Financial Terms
ZagoMail offers different methods of subscription that includes paid and free plans, with or without a fixed commitment period. You can find these plans at our website https://zagomail.com/pricing. These prices are available in U.S. dollars, Euros, and British Pounds.
5.1 Free Subscription Plan
The free subscription plan is a non-paid plan subject to restrictions of use, including having a maximum limit of daily and monthly emails, support ticket requests, restrictions on API calls, etc. These limitations are detailed on our website.
You can, at any time, switch to a paid subscription plan or end your current free plan.
5.2 Paid Subscription Plans
Paid plans do not come with any long-term commitments and have lower use limits than free subscription plans. You may also add premium services to this package, such as IP address and reputation monitoring.
You have the option of choosing either a monthly or yearly payment plan. Your payment cycle will be renewed on the same basis (monthly or yearly), and it will be your full responsibility of handing out payments in advance, and after each cycle renews. You can’t re-subscribe to the same paid plan using the same account until after twenty-one (21) days pass. For SMS messaging packages, you have to pay for them in advance and according to your desired SMS volume, and they don’t undergo an automatic renewal process.
You have the full right of terminating your paid subscription plan. Keep in mind that if you decide to finish your paid plan after a renewed cycle, you won’t get reimbursement for that, even if you unsubscribed the plan after only 3 days within the new payment month. It’s your full responsibility to anticipate the date and time of the termination of the plan so that there is no inconvenience on your end.
You can process your payment through your credit card, direct debit, or any e-payment system, such as Paypal or Wirecard. By giving us your financial information to purchase this plan, you agree to authorize ZagoMail to charge the credit card or bank account you provided to us, and all costs you owe US for the SERVICES.
ZagoMail does not provide any refunds for any paid fees. If your cycle is renewed for the new payment month, and you decide to terminate your account after giving such payment, WE won’t provide you any refunds for the amount you already gave, regardless of whether 3 days or two weeks passed since the beginning of the cycle. However, there will be no more recurring charges made to your credit card.
Likewise, ZagoMail won’t provide any refunds for the fees resulting from your lack of compliance with the proper termination method per these Terms and Conditions.
You, as the customer, acknowledge fully that from time to time, the delivery of email messages sent through ZagoMail may be blocked or prevented from reaching your desired destination. You shall keep paying your subscription payment monthly or yearly, regardless of this. Additionally, the payments for fees and reimbursement for expenses will be billed monthly and will be requested immediately upon receiving the invoice. However, you can choose to pre-pay them in advance.
Note that if you violate any clause within these Terms of Service or with any clause that’s within the OPERATING POLICIES, we have the full right to not give you any refund.
Article 6. Termination
6.1 Right of withdrawal
The Services are intended solely for professional use, and any consumer or retraction rights rules do not apply to the Services.
6.2 Account Termination Upon ZagoMail’s Initiative
ZagoMail reserves the complete right of terminating or deleting your account, at its sole discretion, when the following circumstances surface:
At any time, with a justifiable reason for a free plan account and after providing a notification with a reasonable cause for the termination,
After receiving a notification from ZagoMail following a violation of any of the clauses or statements within these Terms of Service, or
After violating any of the terms included in the OPERATING POLICIES, or,
Following a lack of compliance with state or federal laws, according to the jurisdiction of you or your users,
And, if our security was compromised by you, or by any third-party that was accessed to your account, for which you are held fully responsible, or,
If you violate our Anti-Spam Policy by sending unsolicited messages to new email recipients, via email address or SMS, or,
When you fail to hand a payment within the time frame you chose for your paid subscription,
And if any fraud, Ponzi scheme, or the like were to occur after using your account.
6.3 Consequences of Termination
Upon expiration or termination of your account for any of the given reasons stated within these Terms, WE will charge you the full amount you owe to ZagoMail and you shall pay it immediately. Note that you won’t be entitled to any refunds for any paid fees.
Article 7. Intellectual Property – Access and Use Rights
The name “ZagoMail” and all trademarks included within the website belong solely to the owner of ZagoMail, and no one else. The use of each trademark without written expressed permission may constitute a violation of copyright laws and Intellectual Property Rights, for which you may be legally liable if we find that you use them without proper authorization.
The trademarks included here also involve the icons, page headers, logos, service names, and the website content, which may be owned by ZagoMail’s owner himself, his affiliates, or any nonaffiliates that may or may not be sponsored by the SERVICE PROVIDER.
All the graphic elements included within the site, including the graphical interface, that may involve but are not limited to logos, headers, icons, service names, literary content, computer programs, etc; are protected by copyright laws and belong fully to their respective authors. You are strictly forbidden from using, modifying, changing, or creating a derivative from them. You can’t also reverse engineer, decompile or attempt to extract the source code of our platform, for any reason or circumstance.
Doing any of the forbidden activities above will make you legally liable, and WE won’t hesitate to quickly press charges and hold you accountable for intellectual property theft, according to the laws that apply.
7.3 Right of Access and Use
When you apply for a subscription plan and are subject to all the payment fees at their respective due dates, ZagoMail permits you to have a non-exclusive and non-transferable, personal, and temporary right to access the platform. In no way this permission shall be interpreted as if WE assigned you any intellectual property rights. If you deem this to be so, you risk losing your account and being forbidden from accessing the platform.
7.4 Exclusive Rights
ZagoMail reserves the full right of modifying, changing, adapting, or transferring any of the components of the SERVICE to fix bugs and/or minor glitches.
ZagoMail remains the full owner of all Intellectual Property included within the website, which protects (where applicable) all works and services provided by US in connection to our SERVICE. It also holds full ownership of associated copies of the service, documents, work, and modifications/enhancements.
Article 8. Warranties
ZagoMail takes every effort to provide excellent customer service and functional access to the service. WE are also significantly compliant with our needed paperwork and/or SLA, but WE cannot promise that our service will be error-free. You may report any compliance concern to ZagoMail, and WE will make every effort to remedy the issue as we get the complaint or notice.
ZagoMail ensures that clients receive Support 24 hours a day, seven days a week, per the Specific Terms signed by you, and by adhering to relevant norms of conduct. This is the only obligation that SERVICE PROVIDER must undertake.
By adhering to these Terms of Service, you confirm and agree in ZagoMail’s favor that:
You have full authority to subscribe and use the service once you accept these terms, and if you are a representative of an entity or company, you must link them to your ZagoMail account,
That the data and information you share with us are updated, true, and accurate, and by no means fraudulent, false, or misleading,
And that you have the right, authority, and obligation to follow these Terms of Service to the letter, understanding and taking to heart the consequences for not following them, including the termination of your account in the cases in which you lack compliance with the abovementioned clauses.
Moreover, by agreeing and understanding these Terms of Service, you agree that ZagoMail contains no control over what happens to the data due to the lack of a strong internet connection, and it cannot be held responsible for delayed deliveries or any problems resulting from it.
Article 9. Third-Party Claims
9.1 ZagoMail’s Liability and Customer Resolution
ZagoMail will provide you with complete defense at its expense, and WE will pay any damages incurred as a result of any claim made by a third-party individual or group of individuals accusing you of intellectual property theft by using our SERVICE.
When any of our services violates copyright laws within the jurisdictions of the EU, US, UK, or Canadian patent, trade secret, or proprietary right, ZagoMail will take full responsibility for providing you legal defense, provided that WE are notified in advance, in writing, and no later than five (5) days following any receipt of the claim, that you allow us to take full control of the investigation, preparation, and defense, and that you fully collaborate in the resolution of the problem. We are not liable for any settlement that we do not authorize before the notice.
If an infringement claim is made by such third-party individuals, and it turns out to be true, we may (at our sole discretion and decision):
Give you the full right to continue using our services, or,
Try to modify the service so it can be non-infringing.
If it’s not commercially just to perform any of these methods, you’ll have to cease using our services. In this case, we will provide a refund for any fee that you paid in advance, in proportion, over the period for which the service can’t be used.
9.2 Customer’s Liability and ZagoMail Resolution
You shall provide ZagoMail with legal defense and payment for any damages incurred as a result of the unfounded claims of a third-party individual or group of individuals while using OUR website or SERVICE, as the result of any violation made of the Terms of Service described in this document, provided that we notify you in advance and via writing.
We will also give you full control of the investigation, defense, and settlement of the claim, as well as assist and cooperate with you during the investigative process. You agree, solely and expressively, to undertake any payments for the damages provoked by the claims against US, including legal fees and other expenditures. Any settlement that you don’t approve before the written notice will not be your responsibility.
Article 10. Liability Limitation
Even if ZagoMail acknowledges the usage of third-party links inside their email marketing platform, it cannot be held liable for their use or manipulation, as WE have no control over these sites and external sources, and WE are not responsible for their availability. We will not be held accountable in any way for such external websites, which may or may not contain products, services, or materials. ZagoMail provides links for your convenience, but this does not imply that WE approve, promote, or agree with their content.
Additionally, ZagoMail can’t be liable for the interaction of the recipient with such links, for the behavior of email users, nor for any damage or loss that may or may not be provoked by the use of such links.
Following an occurrence of Force Majeure, as defined in article 12.5 of these Terms, ZagoMail will be released from performing Services.
In case that ZagoMail needs to undergo maintenance, ZagoMail may temporarily suspend the services. WE will notify you in case this needs to be done, and we will make sure to not make this disturbance long-lasting.
Even if the parties were made aware of the possibility of such damages, ZagoMail (including its third-party suppliers, employees, or representatives) will not be liable for any indirect or consequential damages, including but not limited to loss of revenue, profits, opportunity, business interruption, or data loss.
Furthermore, when it comes to indirect ZagoMail subscribers: ZagoMail shall not be held liable for any End User during the event of a temporary or permanent account suspension due to the lack of compliance to ZagoMail’s Sending Policy, whether it be by you or by the End User him/herself.
In all situations and for all damages combined, ZagoMail’s responsibility is limited to the amount paid by you to ZagoMail for the use of the Websites and Services during the twelve (12) months before the date of the incident. This does not apply to grievous bodily harm damages (including fatal injuries), malicious behavior, or negligence.
By using OUR SERVICE, you fully recognize that you are aware, cognizant, and informed of the risks associated with them, as well as the amount of risk that you have chosen to take.
The applicable pricing has been determined in compliance with these Terms of Service, which is critical for a solid economic balance concerning the contractual agreement.
Article 11. Agreement of Confidentiality
You agree to keep this document secret, alongside with SERVICE PROVIDER, and you recognize that you are not to reproduce, partially or entirely, the content of this document and that it shall be used exclusively for the agreement.
Both parties also mutually agree to make sure that all contracting parties, subcontractors, clients, or any other third-party individual or group of individuals maintain this agreement of confidentiality with the same secrecy and standard as the information held within.
Both parties acknowledge that breaching this confidentiality agreement may cause irreparable harm to the other party, for which the injured party is entitled to seek redress in addition to any other available remedies. Without the express approval of the SERVICE PROVIDER, the customer must not divulge the results of any performance tests undertaken while using the SERVICE.
Any information that is already known to the public is exempt from this responsibility, as is any information that must be disclosed owing to legal grounds or a judicial judgment.
Article 12. Other Terms to Consider
12.1 Transfer of the Agreement – Change of Control
To minimize ambiguity, we emphasize under this agreement that the client has a personal, limited-time, non-exclusive, and non-transferable right to access and use the SERVICE.
Without the express written permission of SERVICE PROVIDER, CLIENT shall not transfer the contractual agreement or any right derived from access and use of the SERVICE to a third-party individual, group of individuals, or corporation, whether by contribution, assignment, concession, merger, demerger, loan, or otherwise, including without consideration, the group to which CLIENT belongs.
SERVICE PROVIDER maintains the right to utilize any subcontractor(s) it chooses for delivering services related to the SERVICE, and it shall remain accountable to CLIENT for performance in line with the current Terms of Service and be bound by the contractual agreement’s laws.
12.3 Full Contractual Agreement
The whole Terms of Service, which outlines the commitment between you and US, is comprised of clauses, stipulations, reservations, specifications, laws, sections, and even the OPERATION POLICIES alongside purchase orders or exceptional situations. It defines both parties’ rights and responsibilities, and it replaces any prior oral or written agreements between us that may directly or indirectly relate to the subject matter of this agreement. This agreement may only be changed by a formal amendment signed and agreed upon in the presence of both parties (you and us).
If any of the clauses or points conveyed via any of the written laws within this contractual agreement is found to be unlawful under any legal concept, legislation, or regulation, or is found to be invalid in front of a court, it must be severed from the Terms of Service. The remaining terms of the Agreement, however, will remain in full force and effect.
12.5 CyberAttack or Force Majeure
ZagoMail shall not be liable for any inefficiency in service delivery caused by any event beyond the control of the ZagoMail platform, SERVICE PROVIDER, or members of staff, including, but not limited to, strikes, lock-outs, shut down of internet access or connections by Internet Service Providers, cyberattacks on the Website (Force Majeure), natural disasters that may affect the zone where the platform functions, and other related events.
If there is a situation of Force Majeure, this will be automatically halted. In such a circumstance, the agreement will be stopped for both parties, and neither will be held responsible for the responsibilities and regulations outlined in this written agreement. The non-performing party must provide immediate written notification of its inability to execute the stipulated responsibilities owing to the Force Majeure Event, and must assure that it will do all reasonable measures to restore its obligations as soon as practicable. The other party must also suspend all service-related responsibilities until the non-performing party resumes its commitments. The Parties shall agree on the appropriate course of action to be taken to resume the functions both parties agreed to as soon as feasible. Provided the Force Majeure event lasts more than sixty (60) days, any party may terminate the agreement by sending an email with a return receipt requested, and the termination will be effective immediately if the impacted responsibilities are covered by these Terms of Service.