Pardon the legalese, our lawyers made us include these. If you have questions on any of the terms listed below please email us at email@example.com.
1. What is MailCharts?
MailCharts is an email marketing and e-commerce intelligence service to help improve your email strategy, make data-driven decisions, and find content inspiration. We offer a unique view into our internal email inboxes that receive email campaigns from thousands of companies in every industry.
2. Who Can Use MailCharts
You may access this Site only if you can form a binding contract with MailCharts LLC and if you agree to these Terms. Any use of our Site, products or services by children under the age of 13 is prohibited.
3. Creating an Account
Creating a MailCharts account will allow you to login to the Site and gain access to additional features such as the ability to compare competitor email campaigns, the ability to monitor email send times and frequency, generate weekly reports sent straight to your email, and many other features. Registration will require you to provide personal information including your name, email address, password and credit card information. Only one registrant may use each account. Sharing of accounts is not permitted and constitutes a breach of these Terms. Please contact us if you anticipate multiple users accessing a single account.
4. Account Security
You must provide us with accurate and complete information at the time of registration. Failure to do so may constitute a breach of these Terms, which could result in the termination of your account. You can update, modify, or delete the information in your account at any time. It is your responsibility to maintain your account and keep it secure. If you feel that your account security or password has been compromised please contact us immediately.
MailChart’s services are billed on a monthly basis. There are no minimum contracts and you may cancel at anytime. MailCharts will not issue refunds for services provided. Payments are processed through Stripe and their terms and conditions may also apply.
6. Acceptable Usage of MailCharts
When using the Site you agree:
7. User Content
You acknowledge that: (i) you own and are solely responsible for any content that you submit, post, or transmit (ii) that the content is accurate and consistent with the purpose of the Site (iii) that use of the content you supply does not violate these Terms, (iv) that the content will not cause injury to any person or entity, and (v) that you will indemnify MailCharts and its affiliates for all claims resulting from content you supply. Your further grant MailCharts a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, and display your user content for the purposes of providing our services.
8. Our License to You
10. Intellectual Property
MailCharts is a trademark of MailCharts LLC. You may use our trademark to identify our products and services so long as your use of our trademark complies with these Terms and you agree not to use our trademark in any manner that infringes upon the intellectual property rights of MailCharts.
The content on this Site is copyrighted and protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Site solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site, create derivative works from, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of MailCharts.
MailCharts may from time to time feature our customers’ Company name and logo on the Site for marketing purposes (e.g. “MailCharts is used by Marketers at YourCompany”). You agree that we may publicly display your company’s name and logo on our Site in accordance with these terms. If your Company has been featured on our Site and you wish to remove this information please contact us at firstname.lastname@example.org.
11. Trademark Infringement Policy
MailCharts respects the trademarks of others and we will investigate any notice of alleged trademark infringement that is properly provided to us. If you believe that your trademark has been used or displayed in a way that constitutes trademark infringement, please contact us with “Trademark Infringement” in the subject line and provide us with the following information:
12. Copyright Infringement Policy
MailCharts respects the copyright of others and we will investigate any notice of alleged copyright infringement that is properly provided to us. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, please contact with “DMCA Takedown Request” in the subject line and provide us with the following information:
13. Third-Party Links, Websites and Services
MailCharts specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Our Site is provided on an “as is” basis without warranty of any kind, whether express or implied.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAILCHARTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
You agree to indemnify and hold harmless MailCharts and its officers, directors, employees and agents, from and against any claims, lawsuits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees including costs of defense of claims, suits or proceedings brought by third parties, in any way related to (i) your access to or use of our Site, (ii) your user content, or (iii) your breach of any of these Terms.
17. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in New York or a United States District Court located in New York.
18. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim arising out of your use of our Site or these Terms must be filed within one (1) year after such claim arose.
19. Notification of Changes
MailCharts reserves the right to change these Terms from time to time at its sole discretion. If changes are made to these Terms, your continued use of the Site indicates your consent to the Terms as posted.
20. Contact Information
If you have any questions regarding these Terms please email: email@example.com.