Terms and Conditions

Published: January 10th, 2024

Effective: Effective: January 10, 2024, for new customers; May 25, 2023, for customers existing as of April 24, 2023.

1. Scope of Agreement

The Services (as defined below) that j2 Global Canada, Inc. (“Campaigner”) provides to you are subject to the following terms of use (“Agreement”). Campaigner may automatically amend this Agreement at any time by (a) posting a revised Agreement on the Campaigner Websites, and/or (b) sending information regarding the amendment to the email address you provide to Campaigner.

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION. YOU MAY OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CAMPAIGNER WEBSITES TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
Otherwise, this Agreement may not be amended except in writing signed by both you and Campaigner.

The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages.

You may also have a signed written agreement which is expressly incorporated herein (“Written Agreement”), and which in conjunction with the Agreement and policies referred to herein, comprise the entire Agreement between Campaigner and you. The Written Agreement may contain different or additional terms which supersede terms in this document and may refer to earlier versions of these terms.

2. Description of Services

Campaigner provides you with access to email and email marketing services, and messaging services (Services). The Services, including any updates, enhancements and new features, are subject to this Agreement.

3. New Resale of Services

Your right to use the Services is personal to you and you agree not to resell the use of the Services.

4. Privacy and Protection of Personal Information

Campaigner processes personal data in accordance with our Privacy Policy, which is available at https://staging-campaigner.kinsta.cloud/legal/privacy, and our DPA, which is available at https://staging-campaigner.kinsta.cloud/legal/data-protection-addendum/. We may update the Privacy Policy and DPA from time to time. You are encouraged to regularly review our Privacy Policy and DPA.

5. Storage of Messages

While your account is active, Campaigner will store messages sent and received through your Campaigner account, for a period of up to one year, in each case measured from the date of receipt of such message.

Contact lists are maintained while the account is in good standing. Campaigner shall maintain reasonable administrative, technical and physical safeguards to help protect the security, confidentiality and integrity of Customer information in its possession.

Customer acknowledges that Campaigner may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes may be posted on the Campaigner Websites. Customer further agrees that this feature is provided as a convenience to Customer only and Campaigner and its parent(s), partner(s), subsidiary(ies), and affiliate(s) (“Affiliates”) have no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.

6. Charges

You agree to pay all charges for your use of the Services according to the payment plan applicable to your Services, and in effect for your country of residence. Except as otherwise provided in your Written Agreement, Campaigner reserves the right to change prices or institute new charges for access to or use of Campaigner Services unless you have a signed Written Agreement with Campaigner. All changes will be posted by Campaigner on the Campaigner Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Campaigner account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Charges for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of Campaigner) in accordance with the usage rates applicable to each of the Services you use.

Your payment plan may include a monthly allowance of free emails, or contacts. In the event that you have exceeded your rate plan’s allotted allowance you will be automatically charged usage fees for such each email or contact in excess of your monthly allowance. Unused allowances are not transferrable from month to month.

Payment of your Campaigner account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for Campaigner use and transactions. If your Campaigner account is a qualified business account and is approved by Campaigner for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Campaigner verification procedures, as may be established by Campaigner from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Campaigner reasonably could act on your notice.

Charges are to be paid on a monthly basis in the currency in which billed. A failure to pay the charges is a material breach of this Agreement and grounds for termination by Campaigner. If the payment method for your Campaigner account is by credit card and payment is not received by Campaigner from the card issuer or its agents, you agree to pay all amounts due upon demand by Campaigner. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Campaigner is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Campaigner, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Campaigner may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Campaigner may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

You agree that Campaigner may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with Campaigner’s verification procedures, as may be established by Campaigner from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Campaigner reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Campaigner’s Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Campaigner in accordance with this Agreement.

All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law and only as applicable. Canadian residents will be charged G.S.T. and P.S.T. as applicable. If the Customer resides outside of Canada, the place of residency will be deemed not to be Canada unless Campaigner is notified otherwise. If your residency status changes, you must notify Campaigner and may be required to provide a mailing address and proof of residency. Non-Canadian residents will be deemed not to have registered for G.S.T unless Campaigner is notified otherwise.

For Campaigner these terms apply:

Should Campaigner deem your cumulative account activity, including but not limited to factors such as high send volume or large contact lists, to be detrimental to Campaigner’s ability to provide Campaigner services to you or to other customers, Campaigner reserves the right in its sole discretion to move you to a Volume Subscription Plan.

Repeated uploading and removing of unique email addresses in an attempt to circumvent Campaigner’s Fee Schedule and billing procedures is prohibited.
If you purchased a “Pay as you Go” plan you will be charged for emails on a per campaign basis. The price list published at staging-campaigner.kinsta.cloud determines the charge per email in effect at the time the campaign is delivered. “Pay as you Go” plans must be used within 12 months of purchase. Any balance remaining after 12 months is NON-REFUNDABLE.

7. Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify Campaigner promptly of any changes to this information as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.

You agree to notify Campaigner immediately of any unauthorized use of your account or any other breach of security. Campaigner will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Campaigner or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

8. Use of Service/Customer Responsibilities

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

You must:

Abide by any prohibitions on use set forth in or referenced by this Agreement.
Obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services;
Maintain the security of your password, PIN number and other confidential information relating to your account and;
Be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Campaigner of such use and taking steps to prevent its further occurrence.
Abide by the terms in the “Additional Terms for SMS,” if you use the Services for SMS messaging.
Abide by our Customer Code of Conduct Policy.

Images hosted by Campaigner on Campaigner controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Campaigner, Campaigner hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.

9. No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Campaigner server, or the network(s) connected to any Campaigner server, or interfere with any other party’s use and enjoyment of any Services.

You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Campaigner server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Campaigner or any other trade name or trade mark of Campaigner without express, prior permission, and you will not obstruct the identification procedures used by Campaigner in the Services.

You represent that you comply with applicable law relating to your activities under this Agreement, including but not limited to privacy and data protection laws and applicable rules established by the Federal Communications Commission and the Federal Trade Commission. You represent that the information submitted for transmission via the Campaigner network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law.

You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.

You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Campaigner is not the author or publisher of any content and Campaigner does not rent or sell lists of any kind. Campaigner simply acts as a passive conduit for you to send and receive information of your own choosing.

You shall not use the Services to store:

Any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or
Any other type of information that imposes independent obligations upon Campaigner.

In accordance with its Prohibited Use Policy Campaigner prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities.

This is not an exhaustive list, and Campaigner, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. Campaigner will terminate your use of its Services if Campaigner determines such prohibited content or use is in violation of this Agreement.

Any information stored on the Campaigner servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by Campaigner without notice. Campaigner reserves the right to remove any image which contravenes this Agreement without notice to you.

Campaigner does not:

Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Services.
Assume liability for any harassing, offensive or obscene/sexually explicit material distributed through the Services by you or others under your account.
Assume any liability for any material distributed through the Services by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right.
Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account including, as applicable, but not limited to, the Telecommunications Act, S.C. 1993, c. 38, as amended,(Telecommunications Act), the Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules, as may be amended from time to time (the Unsolicited Telecommunications Rules), the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, as amended, (PIPEDA), the Telephone Consumer Protection Act of 1991, FTC regulations, and the Can-Spam Act.

Campaigner reserves the right at all times to disclose any information as Campaigner deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Campaigner reserves the right but is not obligated to review the content of any of your messages for compliance with this Agreement and other legal requirements upon receipt of a complaint.

Campaigner further reserves the right to take any other action with respect to the Services that Campaigner deems necessary or appropriate, in its sole discretion, if Campaigner believes you or your information may create liability for Campaigner or others, compromise or disrupt the Services for you or other Customers, or cause Campaigner to lose (in whole or in part) the services of Campaigner’s ISPs or other suppliers.

You agree to indemnify and hold Campaigner (and its Affiliates and Suppliers) and its agents, business associates, resellers, licensors, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any attorney’s fees and expenses) arising out of your use of the Services, your violation of the Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.

10. Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Campaigner and/or its licensors and service providers except where expressly stated otherwise.

11. Unsolicited Marketing

The transmission of unsolicited telemarketing phone calls, SMS or text messages, faxes and email is regulated in the United States under the Telemarketing Sales Rule, the Federal Telephone Consumer Protection Act, the Can-Spam Act, as well as other statutes and regulations, and in Canada under the Telecommunications Act, the Unsolicited Telecommunications Rules and PIPEDA and may also be regulated under the laws of a number of other countries, states and provinces. Unsolicited marketing in violation of such laws through the Services is prohibited and a material violation of this Agreement.

As a Campaigner Customer, you agree to abide by the terms of the Campaigner Anti-Spam Policy, available at https://staging-campaigner.kinsta.cloud/legal/anti-spam-policy/.

12. Disclaimer of Warranties and Limitations of Liability

THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. CAMPAIGNER FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY CAMPAIGNER WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON CAMPAIGNER.

NONE OF CAMPAIGNER NOR ANY OF ITS AFFILIATES OR SUPPLIERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF CAMPAIGNER’ OR ANY SUCH AFFILIATES’ OR SUPPLIERS’ CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX, VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.

THE AGGREGATE LIABILITY OF CAMPAIGNER, ITS AFFILIATES OR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR FAILURE OF AN ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURENCES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY CUSTOMER TO CAMPAIGNER WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL CAMPAIGNER, ITS AFFILIATES OR SUPPLIERS OR AFFILIATES OF ANY OF THEM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF BUSINESS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR CAMPAIGNER’ INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF CAMPAIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.

IN THE EVENT APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS TO BE COMPLETELY DISCLAIMED, THESE EXCLUSIONS SHALL BE INTERPRETED AS NECESSARY TO GIVE CAMPAIGNER THE FULL BENEFIT OF ANY DISCLAIMER OR LIMITATION AS PERMITTED BY APPLICABLE LAW.

13. TERMINATION

If you are an Online or month-to-month Subscriber or have a “Pay as you Go” account: You may downgrade or cancel the Services at any time with a 30 day notice by calling 1-888-845-4544 or 1-613-216-7422.

If you have a signed Written Agreement with Campaigner the termination provision found in the Written Agreement applies.

Campaigner reserves the right to suspend or terminate Services if Campaigner, in its sole discretion, believes that the Services are used for a purpose that is unlawful or prohibited by this Agreement or any notices.

Campaigner shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Campaigner shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.

14. JURISDICTION AND GOVERNING LAW

If you have a billing address in the United States:

You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of California (except its choice of laws rules), and you hereby consent to jurisdiction in California and that all disputes shall be tried by an arbitrator in the county of Los Angeles, California. You expressly waive any right, and agree not to have any dispute under the Agreement tried or otherwise determined by a jury, except where required by law.

If you have a billing address outside the United States:

You agree that this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario (except its choice of laws rules), and you hereby consent to the jurisdiction of such province and agree that all disputes shall be tried in the city of Ottawa, Ontario. You expressly waive any right, and agree not to have any dispute under the Agreement tried or otherwise determined by a jury, except where required by law.

15. SURVIVAL

Any exclusion or limitation of Campaigner’s liability specified in this Agreement shall survive the expiration or termination of this Agreement for any reason.

16. EXPORT CONTROLS

The Services, including any software we may provide in connection with those Services, may be subject to applicable U.S. export control laws and economic sanctions regulations. In receiving this software or our Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to this software and our Services, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to export, re-export, or transfer such software or our other aspects of our Services. These laws include restrictions on destinations, End Users, and end use. Without limitation, you may not transfer any such software or other aspect of our Service without U.S. government authorization to any entity on a U.S. government exclusion list (e.g., the Department of Commerce’s List of Denied Persons, Entity, or Unverified List, and the Treasury Department’s List of Specially Designated Nationals and Consolidated Sanctions List). You represent that you are not on a U.S. government exclusion list or under the control of or an agent for any entity on such a list, and you further warrant that you will immediately discontinue use of our software and Services if you become placed on any such list or under the control of or an agent for any entity placed on such a list.

17. BINDING ARBITRATION AND CLASS ACTION WAIVER

This section applies to you if you have a billing address in the United States.

YOU AND WE AGREE THAT ALL DISPUTES AND CLAIMS BETWEEN YOU AND US SHALL BE SETTLED BY BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE BROADLY INTERPRETED AND INCLUDES, BUT IS NOT LIMITED TO, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, OUR SOFTWARE, OUR WEBSITE, THE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US. YOU AGREE THAT, BY AGREEING TO THE AGREEMENT, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. THIS ARBITRATION PROVISION DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL AGENCIES. SUCH AGENCIES CAN, IF THE LAW ALLOWS, SEEK RELIEF AGAINST US ON YOUR BEHALF. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS AND THE TERMINATION OF YOUR ACCOUNT.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be addressed to: Campaigner, ATTN: Legal Department, 114 5th Avenue, 15th Floor, New York, NY 10011, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. You may download or copy a form Notice and a form to initiate arbitration at www.jams.com. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.

The arbitration will be governed by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Expedited Arbitration Procedures (collectively, “JAMS Rules”) of JAMS, as modified by the Terms, and will be administered by JAMS. JAMS Rules and Forms are available online at www.jamsadr.com. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless you and we agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.

We may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by JAMS Rules.

18. ADDITIONAL TERMS FOR SMS MESSAGING

Use of our Services for SMS messaging is subject to the following terms, in addition to the other terms of this Agreement.

YOU ARE SOLELY RESPONSIBLE FOR ALL USE (WHETHER OR NOT AUTHORIZED) OF THE SERVICES, INCLUDING ANY SMS MESSAGING SERVICES, UNDER YOUR ACCOUNT. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ALL ACTS AND OMMISSIONS OF YOUR OWN END USERS.

YOU MAY SEND SMS MESSAGES ONLY IN COMPLIANCE WITH APPLICABLE LAW, WHICH MAY INCLUDE THE TELEPHONE CONSUMER PROTECTION ACT AND ANY AMENDMENTS TO THE ACT, AS WELL AS ANY FCC AND FTC IMPLEMENTING REGULATIONS. IT IS SOLELY YOUR RESPONSIBILITY TO COMPLY WITH APPLICABLE LAW ON SMS MESSAGING, AND NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, YOU AGREE TO FULLY DEFEND AND INDEMNIFY CAMPAIGNER AGAINST ANY THIRD PARTY CLAIM ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE SMS MESSAGING FEATURES OF OUR SERVICE.

USE OF SMS MESSAGING SERVICES TO SEND MESSAGES TO RECIPIENTS WHO HAVE NOT PROVIDED EXPLICIT WRITTEN CONSENT TO RECEIVE SMS MESSAGES, OR WHO ARE ON A “DO NOT CALL” LIST, IS EXPRESSLY PROHIBITED.

CAMPAIGNER MAY SUSPEND OR TERMINATE SMS SERVICES AT ANY TIME WITHOUT NOTICE IF CAMPAIGNER DETERMINES IN ITS SOLE DISCRETION THAT SMS SERVICES ARE BEING USED IN VIOLATION OF THIS AGREMEENT OR ANY APPLICABLE LAW OR REGULATION. YOU AGREE NOT TO HOLD CAMPAIGNER RESPONSIBLE FOR ANY SUCH SUSPENSION OR TERMINATION OF SERVICES.

Use of SMS messaging is further subject to the terms set forth in Schedule 1.

Schedule 1

End-User means: an end-customer of Campaigne who has entered into a contract with Campaigne for the supply of the dotdigital Products. Capitalized terms not defined in this Schedule 1 shall have the same meaning given to the in the terms and conditions at https://dotdigital.com/terms (open in a new tab).

1. End-User’s Obligations

1.1

The End-User warrants that it shall not: (a) use the Dotdigital Services in any way so as to bring the Dotdigital Services or dotdigital into disrepute; (b) use the Dotdigital Services to send unsolicited or unauthorised advertising, promotional material, ‘junk mail’, ‘spam’, ‘chain letters’ or pyramid schemes including but not be limited to illegal goods or dotdigital Services, internet lead-gen, multi-level marketing, affiliate marketers, marketing or sending of commercial messages without proper express consent (unless agreed by dotdigital otherwise), or payday loans; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or materials transmitted through the Dotdigital Services; (d) use the Dotdigital Services in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libellous, menacing or invasive of another person’s privacy; (e) use the Dotdigital Services in a manner which infringes the Intellectual Property, proprietary or personal rights of any third party, including data subjects; (f) misuse the Site by introducing viruses, trojans, worms, logic bombs or other material which is technologically harmful; (g) attempt to gain unauthorised access to the Site or Dotdigital Services, the server on which the Site or Dotdigital Services are stored or any server, computer or database connected to the Site or Dotdigital Services; or (h) attack the Site or Dotdigital Services via a denial-of-service attack or a distributed or malicious denial-of service attack.

1.2

The End-User warrants that it shall: (a) comply and ensure that its use of the Dotdigital Services complies with all Codes applicable to the country in which the End-User is registered and recipients of messages reside; (b) provide all reasonable assistance required by dotdigital to enable dotdigital to comply with any requirements or conditions imposed by such Codes; (c) provide, dotdigital, relevant authority, user group or regulator of the Codes with all information or material reasonably requested in order to carry out any investigation in connection with the End-User’s use of the Dotdigital Services; and (d) not use the Dotdigital Services to upload or send to records purchased, rented or acquired from a third party in any way. Dotdigital has no responsibility or liability whatsoever howsoever arising directly or indirectly to the End-User for the content of any messages sent using the Dotdigital Services or messages being sent to recipients in breach of the End-User’s obligations contained in this clause 5.2.
1.3
In relation to email messages sent using the Dotdigital Services, End-User warrants that:

(a) the End-User will identify itself in every email according to applicable law, but at least with postal address, register number, phone number, email address data and tax registry, where applicable; and

(b) it will not use the Service to send email communications advertising or promoting email lists or services supporting unsolicited bulk email. Any End-User who uses the Dotdigital Services to promote or advertise email lists or services supporting unsolicited bulk email will have their account disabled without notice and with immediate effect and no refund of Charges or other payments to dotdigital will be made. Unsolicited bulk email support services may include but are not limited to: services providing service to known spam operations listed on Register of Known Spam Operations (ROKSO), services providing ‘bullet-proof hosting’ for spam service purposes, services obfuscating or anonymising spam senders, services selling or providing hosting for the sales or distribution of spamware or address lists, and networks knowingly hosting spammers as either stated or de facto policy.

Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.3.

1.4

In relation to SMS messages sent using the Dotdigital Services, End-User warrants that

(c) it will not attempt to use Dotdigital Services to access or allow access to emergency services or impersonate any other entity; and

(d) if End-User has purchased a short code, then End-User will not change the use of that short code from the use stated in any documentation in relation to approval of the short code without first obtaining an amendment to any application for approval of the short code under the new use.

Further, should End-User make use of a long telephone number(s), dotdigital reserves the right to reclaim any phone number from End-User’s account if, in dotdigital’s opinion, End-User does not send sufficient traffic over that phone number such that the phone number is underutilized. Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.4.

1.5

dotdigital monitors messages created by the End-User sent through the dotdigital Services. If dotdigital considers in its reasonable opinion that the End-User is sending messages through the dotdigital services in breach of clause 5.1 to 5.4 above, dotdigital may at absolute discretion (taking into account the End-User’s track record of use of the Dotdigital Services): (a) suspend provision of the Dotdigital Services; (b) block End-User’s access to the Dotdigital Services for such time as in each case is reasonable; and (c) add any recipient contact details to its global suppression list (“GSL”). Dotdigital will usually provide the End-User with prior notice of any suspension, blocking or addition of an email to the GSL, unless immediate action is necessary in the circumstances. Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.5.

1.6

Where dotdigital suspends or blocks access to the Dotdigital Services pursuant to clause 5.5 above, a member of the dotdigital compliance team shall contact the End-User to: (a) inform the End-User of the action taken or proposed action (where applicable) giving rise to the suspension; (b) explain why the access to the Dotdigital Services is suspended or blocked; (c) to inform the End-User of the remedial actions that the End-User needs to take to rectify the issues with the End-User’s use of the Dotdigital Services; (d) inform the End-User of any applicable de-listing fee payable to dotdigital (if necessary and determined in dotdigital’s sole discretion); and © to agree on the timescale for the End-User to take the necessary remedial actions. Dotdigital shall only reactivate the Dotdigital Services once the End-User has taken the remedial actions. If the End-User fails to take the remedial actions within the timescale agreed, dotdigital reserves the right to terminate these Terms upon giving notice to the End-User and the End-User shall become immediately liable to pay all outstanding fees for remainder of the unexpired Term.

1.7

The End-User will keep its password and other access details for use with the Dotdigital Services confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. The End-User shall notify dotdigital immediately if it believes that such information is no longer secret. The End-User is solely responsible for all activities resulting from use of the End-User’s password or account. The End-User will not permit any person to access the Dotdigital Services for any unauthorised purpose that would constitute a breach of these Terms.

1.8

Without prejudice to its other rights in these Terms dotdigital reserves the right to prevent the sending of any messages forming part of the Dotdigital Services or any other item or material made available via the Dotdigital Services by the End-User at any time and without notice, where the content is in dotdigital’s reasonable opinion a breach of these Terms. Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.8.

1.9

The End-User is not permitted to conduct vulnerability scanning, or any form penetration testing against the dotdigital Services or application servers.

2. Ownership & Use of the Intellectual Property Rights

2.1

dotdigital hereby grants to the End-User a personal, non-exclusive and non-transferable licence to use the Intellectual Property and/or Materials for the duration of these Terms strictly in accordance with these terms only. End-User shall not be entitled to use the Intellectual Property and/or Materials for any other purpose than the use of the Dotdigital Services, including, without limitation, that the End-User shall have no right to copy, translate, reproduce, adapt, reverse engineer, decompile, disassemble, create derivate works, modify, sell, rent, lease, transfer, assign, sub-licence, make any representations, warranties or guarantees with regard to the Intellectual Property and/or Materials in whole or part except as permitted by law.

* These links are provided as a courtesy only and are not intended and should not be construed to constitute legal advice by Campaigne.

Terms and Conditions (UK)

1. Scope of Agreement

The Services (as defined below) that The Communicator Corporation Limited Company (“Company”) provides to you are subject to the following terms of use (“Agreement”). Company may automatically amend this Agreement at any time by (a) posting a revised Agreement on the Company Websites, and/or (b) sending information regarding the amendment to the email address you provide to Company.

THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION. YOU MAY OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE COMPANY WEBSITES TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
Otherwise, this Agreement may not be amended except in writing signed by both you and Company.

The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages.

You may also have a signed written agreement which is expressly incorporated herein (“Written Agreement”), and which in conjunction with the Agreement and policies referred to herein, comprise the entire Agreement between Company and you. The Written Agreement may contain different or additional terms which supersede terms in this document and may refer to earlier versions of these terms.

2. Description of Services

Company provides you with access to email and email marketing services, and messaging services (Services). The Services, including any updates, enhancements and new features, are subject to this Agreement.

3. New Resale of Services

Your right to use the Services is personal to you and you agree not to resell the use of the Services.

4. Privacy and Protection of Personal Information

4.1. Definitions:

4.1.1. ‘Data Protection Legislation’ means the Data Protection Act 2018 and any legislation amending or superseding it (including the General Data Protection Regulation (EU) 2016/679) and any other applicable privacy and data protection legislation.
4.1.2. ‘Data Retention Policy’ means the document containing the retention periods of Personal Data within the Platform.
4.1.3. ‘Personal Data’ means any information relating to an identified or identifiable natural person, as defined in the General Data Protection Regulation (EU) 2016/679 that is contained in the data submitted by Customer to the Platform or where Company is otherwise acting as a processor on behalf of a Customer.
4.1.4. ‘Personal Data Breach’ means any accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data.

4.2. Company processes personal data in accordance with our Privacy Policy which is available here (https://staging-campaigner.kinsta.cloud/legal/privacy). We may update the Privacy Policy from time to time. You are encouraged to regularly review our Privacy Policy.

4.3. If you are a Customer and the Services involve the processing of personal data which is subject to the General Data Protection Regulation (EU) 2016/679, the “GDPR”), Company is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement. The parties agree that they will at all times comply with Data Protection Legislation. Company acknowledges and agrees that for the purposes of Data Protection Legislation, the Customer is the data controller and Company is the data processor of any Personal Data. As Processor, Company shall, in relation to Personal Data provided by the Customers or generated arising from the performance of the Services under this Agreement:

4.3.1. process the Personal Data in compliance with all Data Protection Legislation;
4.3.2. process the Personal Data only to the extent, and in such a manner, as is necessary for the purposes of performing the Services and in accordance with the Customer’s direction and shall not process the Personal Data for any other purpose;
4.3.3. keep a record of any processing of Personal Data it carries out on behalf of the Customer;
4.3.4. inform the Customer if they are required, by national or European Union law, to process Personal Data in some other way than instructed, unless such law prevents Company from informing the Customer;
4.3.5. delete Personal Data in accordance with the Data Retention Policy available here (https://staging-campaigner.kinsta.cloud/legal/privacy);
4.3.6. provide, at the Customer’s request, a copy of all Personal Data held by it in a transferable format and on a media reasonably specified by the Customer;
4.3.7. The Customer hereby specifically authorises the engagement of any Company Affiliate located in an Approved Jurisdiction as a sub-processor.

4.4. The Customer specifically authorises the use of the third party sub-processors as set out in the Commercial Schedule. The Customer also generally authorises the use of third party sub-processors by Company, provided that:

4.4.1. Company shall restrict the sub-processor’s processing of the Personal Data to processing that is necessary to provide or maintain the Services;
4.4.2. Company shall enter into contractual arrangements with such sub-processors requiring them to guarantee a similar level of data protection compliance and information security to that provided for herein to the extent applicable to the processing activities being provided by such sub-processor; and
4.4.3. If a sub-processor fails to comply with its data protection obligations, Company shall remain fully liable to the Customer for the performance (or failure of performance) of the sub-processor’s data protection obligations.

4.5. Company shall maintain an up to date list of its sub-processors relating to any Services it provides to the Customer. Company shall provide the list to the Customer upon written request.

4.6. Company will, by email notification to the Customer representative, notify the Customer if any new sub-processor is appointed during the term and Customer shall have the opportunity to object to the use of such sub-processor. If the Customer:

4.6.1. does not respond (in writing) within 30 days from the date of the notification, it will be deemed to have given its authorisation to the use of such sub-processor;
4.6.2. responds by refusing (in writing) its authorisation and a mutually acceptable resolution to such refusal cannot be agreed, it may terminate the service or that part of the service which is provided by Company using the relevant sub-processor. This termination right is Customer’s sole and exclusive remedy if Customer objects to any new third party sub-processor and no refund of any prepaid fees shall be made in the event of such termination.

4.7. Notwithstanding sub-sections above, and subject to applicable law, Company may freely use sub-contractors or suppliers that do not qualify as processors under the Data Protection Legislation, including but not limited to energy suppliers, equipment suppliers, transport suppliers, technical service providers, hardware vendors etc.) without having to inform or seek prior authorisation from the Customer.

4.8. Company shall store the Customer Personal Data in the United Kingdom or, the European Economic Area (“EEA”).

4.9. Where Customer Personal Data is processed by an Affiliate or a third party located in a country that is not in the EEA or an Adequate Jurisdiction (a “Third Country”), Customer shall procure that such Affiliate or third party (i) undertakes to comply with the processor obligations under the EU Standard Contractual Clauses relating to the transfer of personal data to processors established in Third Countries approved by the EU Commission in Commission Decision 2010/87/EU (as may be amended, updated or replaced from time to time) or (ii) confirm that there is another lawful transfer mechanism under applicable Data Protection Legislation in place (for example Binding Corporate Rules) and shall, upon request, provide the Customer with relevant information relating to any such standard it has implemented.

4.10. The parties acknowledge that data processing and the transmission and receipt of emails and SMS messages involves international organisations.

4.11. The parties agree that Personal Data must be: obtained fairly and lawfully; used only for the original specified purpose stated upon data collection; adequate, relevant and not excessive for the purpose; accurate and up to date; accessible to the subject; kept secure; and destroyed after its purpose is completed.

4.12. If Company receives a request from a data subject (within the meaning of that term under Data Protection Legislation) for access to their Personal Data, Company shall:

4.12.1. notify the Customer without undue delay of receiving such a request; and
4.12.2. provide technical and organisational assistance in relation to such a request in accordance with the Service Level Standard.

4.13. At the Customer’s request, promptly provide the Customer with all reasonable assistance necessary to enable the Customer to:

4.13.1. notify relevant breaches of the GDPR to the relevant authorities and / or affected individuals;
4.13.2. at Customer’s expense, conduct data protection impact assessments, where required; and
4.13.3. obtain any necessary authorisations from any relevant regulatory authorities.

4.14. Company ensures that all employees are under obligations of confidentiality in relation to Personal Data processed on behalf of the Customer.

4.15. Company shall not disclose the Personal Data to any data subject or to a third party other than at the request of the Customer or as provided for in this agreement or as required by law.

4.16. The parties agree to implement appropriate technical and organisational measures to protect against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Personal Data, taking into account the nature of that Personal Data.

4.17. Company will, at the Customer’s reasonable request, provide the Customer with information regarding the measures it has taken and is taking to comply with its contractual and legal obligations. With reasonable notice and during regular business hours, Company will permit the Customer or its authorised representatives or agents to audit Company’s data processing activities under this Agreement for the purpose of confirming compliance, provided that:

4.17.1. the Customer may not audit Company more than once annually;
4.17.2. before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit;
4.17.3. the cost of any such audit shall be solely for Customer, including reasonable costs and expenses of Company; and
4.17.4. Company shall not be required to disclose any business confidential or commercially sensitive information, other customer’s information or information that it reasonably considers could be used to compromise the security or integrity of its systems that is not in relation to the Services or Company.

4.18. Company shall notify the Customer without undue delay in the event of:

4.18.1. becoming aware of any Personal Data breach, and provide information in relation the personal data breach when it becomes available; or
4.18.2. receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of Personal Data by Company.

4.19. Data Processing Details Schedule

4.19.1. Duration of the processing: Processing will continue until the Contract End Date as set out in the Commercial Schedule, or any extension of the same
4.19.2. Nature and purpose of the processing: Company shall process the Personal Data only to the extent necessary for the purposes of performing the Services in accordance with the Original Agreement.
4.19.3. Type of personal data: The Customer will only upload Personal Data which is necessary to transmit digital communications via the Platform. Customer acknowledges it has read the privacy policy relating to the Services available on the Company’s website and that it is responsible for ensuring it has all necessary consents relating to the processing of Personal Data to be carried out by the Company in the provision of the Services.

5. Storage of Messages

While your account is active, Company will store messages sent and received through your Company account, for a period of up to one year, in each case measured from the date of receipt of such message.

Contact lists are maintained while the account is in good standing. Company shall maintain reasonable administrative, technical and physical safeguards to help protect the security, confidentiality and integrity of Customer information in its possession.

Customer acknowledges that Company may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes may be posted on the Company Websites. Customer further agrees that this feature is provided as a convenience to Customer only and Company and its parent(s), partner(s), subsidiary(ies), and affiliate(s) (“Affiliates”) have no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.

6. Charges

You agree to pay all charges for your use of the Services according to the payment plan applicable to your Services, and in effect for your country of residence. Except as otherwise provided in your Written Agreement, Company reserves the right to change prices or institute new charges for access to or use of Company Services unless you have a signed Written Agreement with Company. All changes will be posted by Company on the Company Websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Company account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Charges for Services may include activation, recurring subscription, and usage fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of Company) in accordance with the usage rates applicable to each of the Services you use.

Payment of your Company account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for Company use and transactions. If your Company account is a qualified business account and is approved by Company for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

If you subscribed for Services pursuant to a special offer granting you a free trial period, your activation fee and an initial monthly Services fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Company verification procedures, as may be established by Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before Company reasonably could act on your notice.

Charges are to be paid on a monthly basis in the currency in which billed. A failure to pay the charges is a material breach of this Agreement and grounds for termination by Company. If the payment method for your Company account is by credit card and payment is not received by Company from the card issuer or its agents, you agree to pay all amounts due upon demand by Company. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Company is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with Company, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Company may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

You agree that Company may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with Company’s verification procedures, as may be established by Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before Company reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Company’s Customer Support within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Company in accordance with this Agreement.

All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law and only as applicable. Canadian residents will be charged G.S.T. and P.S.T. as applicable. If the Customer resides outside of Canada, the place of residency will be deemed not to be Canada unless Company is notified otherwise. If your residency status changes, you must notify Company and may be required to provide a mailing address and proof of residency. Non-Canadian residents will be deemed not to have registered for G.S.T unless Company is notified otherwise.

For Campaigner these terms apply:

If you subscribed to a Contact Based Subscription Plan (“Contact Plan”) the subscription fees are based on the highest number of subscribers or contacts in your account at any time. While your fees may increase as your contact list grows, the fees will not be reduced as the numbers of contacts diminish unless you contact Company Customer Support. For the purposes of this Agreement, each unique email address will count as one subscriber or contact. Should Company deem your cumulative account activity, including but not limited to factors such as high send volume or large contact lists, to be detrimental to Company’s ability to provide Campaigner services to you or to other customers, Company reserves the right in its sole discretion to move you to a Volume Subscription Plan.

Repeated uploading and removing of unique email addresses in an attempt to circumvent Company’s Fee Schedule and billing procedures is prohibited. If you purchased a “Pay as you Go” plan you will be charged for emails on a per campaign basis. The price list published at staging-campaigner.kinsta.cloud determines the charge per email in effect at the time the campaign is delivered. “Pay as you Go” plans must be used within 12 months of purchase. Any balance remaining after 12 months is NON-REFUNDABLE.

7. Member Account, Password, and Security

If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify Company promptly of any changes to this information as required to keep it current, complete and accurate. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by all users associated with your account.

You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

8. Use of Service/Customer Responsibilities

You must:

Abide by any prohibitions on use set forth in or referenced by this Agreement.
Obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services;
Maintain the security of your password, PIN number and other confidential information relating to your account and;
Be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Company of such use and taking steps to prevent its further occurrence.
Abide by the terms in the “Additional Terms for SMS,” if you use the Services for SMS messaging.
Abide by our Customer Code of Conduct Policy.

Images hosted by Company on Company controlled servers may only be used in connection with the Services and for no other purpose whatsoever. To the extent you use images provided by Company, Company hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.

9. No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement and any notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of any Services.

You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Company server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name Company or any other trade name or trade mark of Company without express, prior permission, and you will not obstruct the identification procedures used by Company in the Services.

You represent that you comply with applicable law relating to your activities under this Agreement, including but not limited to privacy and data protection laws, the Electronic Communication Legislation (defined as Privacy and Electronic Communications (EC Directive) Regulations 2003 and any legislation amending or superseding it and any other applicable direct marketing and electronic communication legislation), and applicable rules established by the Federal Communications Commission and the Federal Trade Commission. You represent that the information submitted for transmission via the Company network for the Services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, provincial, state, national or other law.

You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that Company is not the author or publisher of any content and Company does not rent or sell lists of any kind. Company simply acts as a passive conduit for you to send and receive information of your own choosing.

You shall not use the Services to store:

1. Any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or
2. Any other type of information that imposes independent obligations upon Company.

In accordance with its Prohibited Use Policy Company prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including, but not limited to, illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity/sexually explicit, and similar activities.

This is not an exhaustive list, and Company, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. Company will terminate your use of its Services if Company determines such prohibited content or use is in violation of this Agreement.

Any information stored on the Company servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by Company without notice. Company reserves the right to remove any image which contravenes this Agreement without notice to you.

Company does not:

1. Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Services.
2. Assume liability for any harassing, offensive or obscene/sexually explicit material distributed through the Services by you or others under your account.
3. Assume any liability for any material distributed through the Services by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right.
4. Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account including, as applicable, but not limited to, the Telecommunications Act, S.C. 1993, c. 38, as amended,(Telecommunications Act), the Canadian Radio-television and Telecommunications Commission Unsolicited Telecommunications Rules, as may be amended from time to time (the Unsolicited Telecommunications Rules), the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, as amended, (PIPEDA), the Telephone Consumer Protection Act of 1991, FTC regulations, and the Can-Spam Act.

Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Company reserves the right but is not obligated to review the content of any of your messages for compliance with this Agreement and other legal requirements upon receipt of a complaint.

Company further reserves the right to take any other action with respect to the Services that Company deems necessary or appropriate, in its sole discretion, if Company believes you or your information may create liability for Company or others, compromise or disrupt the Services for you or other Customers, or cause Company to lose (in whole or in part) the services of Company’s ISPs or other suppliers.

You agree to indemnify and hold Company (and its Affiliates and Suppliers) and its agents, business associates, resellers, licensors, and suppliers (collectively, Suppliers) harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including, but not limited to, any attorney’s fees and expenses) arising out of your use of the Services, your violation of the Agreement, and the delivery of any of your messages and documents using the Services, or the infringement of any trademark or copyright by you.

10. Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Company and/or its licensors and service providers except where expressly stated otherwise.

11. Unsolicited Marketing

As a Campaigner Customer, you agree to abide by the terms of the Campaigner Anti-Spam Policy, available at https://staging-campaigner.kinsta.cloud/legal/anti-spam-policy/.

12. Disclaimer of Warranties and Limitations of Liability

THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. COMPANY FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICES OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING, BUT NOT LIMITED TO, MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY COMPANY WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON COMPANY.

NONE OF COMPANY NOR ANY OF ITS AFFILIATES OR SUPPLIERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF COMPANY’ OR ANY SUCH AFFILIATES’ OR SUPPLIERS’ CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX, VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.

THE AGGREGATE LIABILITY OF COMPANY, ITS AFFILIATES OR SUPPLIERS, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH OR FAILURE OF AN ESSENTIAL PURPOSE), TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION OR OTHERWISE IN RESPECT OF A SINGLE OCCURRENCE OR A SERIES OF OCCURENCES SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY CUSTOMER TO COMPANY WITH RESPECT TO THE SERVICES GIVING RISE TO THE CLAIM. IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR SUPPLIERS OR AFFILIATES OF ANY OF THEM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF BUSINESS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR COMPANY’ INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.

IN THE EVENT APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSIONS TO BE COMPLETELY DISCLAIMED, THESE EXCLUSIONS SHALL BE INTERPRETED AS NECESSARY TO GIVE COMPANY THE FULL BENEFIT OF ANY DISCLAIMER OR LIMITATION AS PERMITTED BY APPLICABLE LAW.

13. TERMINATION

If you are an Online or month-to-month Subscriber or have a “Pay as you Go” account: You may cancel the Services at any time by calling 44 8000664450.

If you have a signed Written Agreement with Company the termination provision found in the Written Agreement applies.

Company reserves the right to suspend or terminate Services if Company, in its sole discretion, believes that the Services are used for a purpose that is unlawful or prohibited by this Agreement or any notices.

Company shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Company shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party. Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.

14. JURISDICTION AND GOVERNING LAW

You agree that this Agreement shall be governed by and construed in accordance with English laws and you hereby consent to the jurisdiction of England and Wales and agree that all disputes shall be tried in the city of London, England. You expressly waive any right, and agree not to have any dispute under the Agreement tried or otherwise determined by a jury, except where required by law.

15. SURVIVAL

Any exclusion or limitation of Company’s liability specified in this Agreement shall survive the expiration or termination of this Agreement for any reason.

16. EXPORT CONTROLS

The Services, including any software we may provide in connection with those Services, may be subject to applicable export control laws and economic sanctions regulations. In receiving this software or our Services, you agree to comply strictly with all domestic and international export laws and economic sanctions regulations as they apply to this software and our Services, and to the extent consistent with these Terms, to obtain any necessary license or other authorization to export, re-export, or transfer such software or our other aspects of our Services. These laws include restrictions on destinations, End Users, and end use.

17. ADDITIONAL TERMS FOR SMS MESSAGING

Use of our Services for SMS messaging is subject to the following terms, in addition to the other terms of this Agreement.

YOU MAY SEND SMS MESSAGES ONLY IN COMPLIANCE WITH APPLICABLE LAW, WHICH MAY INCLUDE THE TELEPHONE CONSUMER PROTECTION ACT AND ANY AMENDMENTS TO THE ACT, AS WELL AS ANY FCC AND FTC IMPLEMENTING REGULATIONS. IT IS SOLELY YOUR RESPONSIBILITY TO COMPLY WITH APPLICABLE LAW ON SMS MESSAGING, AND NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, YOU AGREE TO FULLY DEFEND AND INDEMNIFY COMPANY AGAINST ANY THIRD PARTY CLAIM ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE SMS MESSAGING FEATURES OF OUR SERVICE.

USE OF SMS MESSAGING SERVICES TO SEND MESSAGES TO RECIPIENTS WHO HAVE NOT PROVIDED EXPLICIT WRITTEN CONSENT TO RECEIVE SMS MESSAGES, OR WHO ARE ON A “DO NOT CALL” LIST, IS EXPRESSLY PROHIBITED.

COMPANY MAY SUSPEND OR TERMINATE SMS SERVICES AT ANY TIME WITHOUT NOTICE IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT SMS SERVICES ARE BEING USED IN VIOLATION OF THIS AGREMEENT OR ANY APPLICABLE LAW OR REGULATION. YOU AGREE NOT TO HOLD COMPANY RESPONSIBLE FOR ANY SUCH SUSPENSION OR TERMINATION OF SERVICES.

Use of SMS messaging is further subject to the terms set forth in Schedule 1.

Schedule 1

End-User means: an end-customer of Company who has entered into a contract with Company for the supply of the dotdigital Products. Capitalized terms not defined in this Schedule 1 shall have the same meaning given to the in the terms and conditions at https://dotdigital.com/terms (open in a new tab).

1. End-User’s Obligations

1.1
The End-User warrants that it shall not: (a) use the Dotdigital Services in any way so as to bring the Dotdigital Services or dotdigital into disrepute; (b) use the Dotdigital Services to send unsolicited or unauthorised advertising, promotional material, ‘junk mail’, ‘spam’, ‘chain letters’ or pyramid schemes including but not be limited to illegal goods or dotdigital Services, internet lead-gen, multi-level marketing, affiliate marketers, marketing or sending of commercial messages without proper express consent (unless agreed by dotdigital otherwise), or payday loans; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or materials transmitted through the Dotdigital Services; (d) use the Dotdigital Services in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libelous, menacing or invasive of another person’s privacy; (e) use the Dotdigital Services in a manner which infringes the Intellectual Property, proprietary or personal rights of any third party, including data subjects; (f) misuse the Site by introducing viruses, trojans, worms, logic bombs or other material which is technologically harmful; (g) attempt to gain unauthorised access to the Site or Dotdigital Services, the server on which the Site or Dotdigital Services are stored or any server, computer or database connected to the Site or Dotdigital Services; or (h) attack the Site or Dotdigital Services via a denial-of-service attack or a distributed or malicious denial-of service attack.

1.2
The End-User warrants that it shall: (a) comply and ensure that its use of the Dotdigital Services complies with all Codes applicable to the country in which the End-User is registered and recipients of messages reside; (b) provide all reasonable assistance required by dotdigital to enable dotdigital to comply with any requirements or conditions imposed by such Codes; (c) provide, dotdigital, relevant authority, user group or regulator of the Codes with all information or material reasonably requested in order to carry out any investigation in connection with the End-User’s use of the Dotdigital Services; and (d) not use the Dotdigital Services to upload or send to records purchased, rented or acquired from a third party in any way. Dotdigital has no responsibility or liability whatsoever howsoever arising directly or indirectly to the End-User for the content of any messages sent using the Dotdigital Services or messages being sent to recipients in breach of the End-User’s obligations contained in this clause 5.2.

1.3
In relation to email messages sent using the Dotdigital Services, End-User warrants that:
(a) the End-User will identify itself in every email according to applicable law, but at least with postal address, register number, phone number, email address data and tax registry, where applicable; and
(b) it will not use the Service to send email communications advertising or promoting email lists or services supporting unsolicited bulk email. Any End-User who uses the Dotdigital Services to promote or advertise email lists or services supporting unsolicited bulk email will have their account disabled without notice and with immediate effect and no refund of Charges or other payments to dotdigital will be made. Unsolicited bulk email support services may include but are not limited to: services providing service to known spam operations listed on Register of Known Spam Operations (ROKSO), services providing ‘bullet-proof hosting’ for spam service purposes, services obfuscating or anonymising spam senders, services selling or providing hosting for the sales or distribution of spamware or address lists, and networks knowingly hosting spammers as either stated or de facto policy.
Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.3.

1.4
In relation to SMS messages sent using the Dotdigital Services, End-User warrants that
(c) it will not attempt to use Dotdigital Services to access or allow access to emergency services or impersonate any other entity; and
(d) if End-User has purchased a short code, then End-User will not change the use of that short code from the use stated in any documentation in relation to approval of the short code without first obtaining an amendment to any application for approval of the short code under the new use.
Further, should End-User make use of a long telephone number(s), dotdigital reserves the right to reclaim any phone number from End-User’s account if, in dotdigital’s opinion, End-User does not send sufficient traffic over that phone number such that the phone number is underutilized. Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.4.

1.5
Dotdigital monitors messages created by the End-User sent through the dotdigital Services. If dotdigital considers in its reasonable opinion that the End-User is sending messages through the dotdigital services in breach of clause 5.1 to 5.4 above, dotdigital may at absolute discretion (taking into account the End-User’s track record of use of the Dotdigital Services): (a) suspend provision of the Dotdigital Services; (b) block End-User’s access to the Dotdigital Services for such time as in each case is reasonable; and (c) add any recipient contact details to its global suppression list (“GSL”). Dotdigital will usually provide the End-User with prior notice of any suspension, blocking or addition of an email to the GSL, unless immediate action is necessary in the circumstances. Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.5.

1.6
Where dotdigital suspends or blocks access to the Dotdigital Services pursuant to clause 5.5 above, a member of the dotdigital compliance team shall contact the End-User to: (a) inform the End-User of the action taken or proposed action (where applicable) giving rise to the suspension; (b) explain why the access to the Dotdigital Services is suspended or blocked; (c) to inform the End-User of the remedial actions that the End-User needs to take to rectify the issues with the End-User’s use of the Dotdigital Services; (d) inform the End-User of any applicable de-listing fee payable to dotdigital (if necessary and determined in dotdigital’s sole discretion); and © to agree on the timescale for the End-User to take the necessary remedial actions. Dotdigital shall only reactivate the Dotdigital Services once the End-User has taken the remedial actions. If the End-User fails to take the remedial actions within the timescale agreed, dotdigital reserves the right to terminate these Terms upon giving notice to the End-User and the End-User shall become immediately liable to pay all outstanding fees for remainder of the unexpired Term.

1.7
The End-User will keep its password and other access details for use with the Dotdigital Services confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. The End-User shall notify dotdigital immediately if it believes that such information is no longer secret. The End-User is solely responsible for all activities resulting from use of the End-User’s password or account. The End-User will not permit any person to access the Dotdigital Services for any unauthorised purpose that would constitute a breach of these Terms.

1.8
Without prejudice to its other rights in these Terms dotdigital reserves the right to prevent the sending of any messages forming part of the Dotdigital Services or any other item or material made available via the Dotdigital Services by the End-User at any time and without notice, where the content is in dotdigital’s reasonable opinion a breach of these Terms. Dotdigital accepts no responsibility or liability to the End-User for any direct or indirect loss or damage that may arise under this clause 5.8.

1.9
The End-User is not permitted to conduct vulnerability scanning, or any form penetration testing against the dotdigital Services or application servers.

2. Ownership & Use of the Intellectual Property Rights

2.1
Dotdigital hereby grants to the End-User a personal, non-exclusive and non-transferable licence to use the Intellectual Property and/or Materials for the duration of these Terms strictly in accordance with these terms only. End-User shall not be entitled to use the Intellectual Property and/or Materials for any other purpose than the use of the Dotdigital Services, including, without limitation, that the End-User shall have no right to copy, translate, reproduce, adapt, reverse engineer, decompile, disassemble, create derivate works, modify, sell, rent, lease, transfer, assign, sub-license, make any representations, warranties or guarantees with regard to the Intellectual Property and/or Materials in whole or part except as permitted by law.

* These links are provided as a courtesy only and are not intended and should not be construed to constitute legal advice by Company.

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Terms and Conditions

1. Scope of Agreement

2. Description of Services

3. New Resale of Services

4. Privacy and Protection of Personal Information

5. Storage of Messages

6. Charges

7. Member Account, Password, and Security

8. Use of Service/Customer Responsibilities

9. No Unlawful or Prohibited Use

10. Ownership

11. Unsolicited Marketing

12. Disclaimer of Warranties and Limitations of Liability

13. TERMINATION

14. JURISDICTION AND GOVERNING LAW

15. SURVIVAL

16. EXPORT CONTROLS

17. BINDING ARBITRATION AND CLASS ACTION WAIVER

18. ADDITIONAL TERMS FOR SMS MESSAGING

Schedule 1

Terms and Conditions (UK)

1. Scope of Agreement

2. Description of Services

3. New Resale of Services

4. Privacy and Protection of Personal Information

5. Storage of Messages

6. Charges

7. Member Account, Password, and Security

8. Use of Service/Customer Responsibilities

9. No Unlawful or Prohibited Use

10. Ownership

11. Unsolicited Marketing

12. Disclaimer of Warranties and Limitations of Liability

13. TERMINATION

14. JURISDICTION AND GOVERNING LAW

15. SURVIVAL

16. EXPORT CONTROLS

17. ADDITIONAL TERMS FOR SMS MESSAGING

Schedule 1

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