Terms of Use Email2Go

This Agreement governs the terms by which members and clients of Email2Go (operated by Bitten Byte, Inc.) obtain the right to preview their email campaign in each of the clients provided through the web site located at https://email2go.io and any other domain pointing to it. This Terms of Service Agreement is required for all users obtaining a membership. This Agreement shall extend to any individual or organization for whom may gain access to this web site without explicitly agreeing to this document.

1. Background of Agreement

(a) The Email2Go Site acts as an exchange of Content between those who provide Content to the public domain (in this case the Email Clients represented within our Email Preview results) and those who wish to upload Client Materials to the public domain (in this case, your email including, but not limited to, your creative, photography, HTML, and CSS). Email2Go grants no rights, and makes no warranties regarding the use of names, people, trademarks, trade names, patented or copyrighted designs, works of art, architecture, or other forms of intellectual property represented in any Content. While we have made reasonable efforts to properly simulate the correct results for each email client, Email2Go does not warrant the accuracy of such information. Email2Go represents and warrants to Client that it has the right to disclose all information it provides to Client, and that authorization is not required from any third party in order for Client to utilize the Content or services (including, but not limited to, the Email Preview) or system which Client is accessing and utilizing pursuant to this Agreement so long as such access and use is as permitted by this Agreement. Further, Email2Go represents and warrants to Client that Client’s use of the Content or the services (including, but not limited to, the Email Preview) or system which Client is accessing and utilizing pursuant to this Agreement so long as such access and use is permitted by this Agreement will not infringe, or constitute an infringement or misappropriation of any patent, copyright, trademark, trade secret, service mark, or any personal, moral, literary, privacy, publicity or other interest, proprietary or otherwise, of any individual or entity, or otherwise violate the rights of any third party or any applicable law, rule, or regulation.

(b) Other than provided herein, the Email Preview results provided are “as is”, without representation, warranty, or condition of any kind, either expressed or implied, including, but not limited to, the visual representations provided, warranties or conditions of the code analysis, or the validity of your HTML or CSS. Email2Go does not represent or warrant that the Content or test results will meet your requirements, or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the Content is with you. Should the Content prove defective, you (and not Email2Go) will assume the entire risk and cost of all necessary corrections.

(c) In particular, and without limiting the generality of the foregoing, if you are using content within your email that is copyrighted by another party, or that could be considered inappropriate, Email2Go is not to be held liable for such content.

(d) Except for the representation of Email2Go contained in section 6(a), you assume all responsibility and risk for the use of the web site and the materials included without any limitation of the information contained therein.

2. Standard Terms

We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Email2Go, or the Email Client (as described in Section 6 below) in question, as the case may be.

3. Permitted Uses:

(a) You may only use the Content for those advertising, promotional, and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license, or other distribution. For example, you cannot take screen shots of Email Preview results, crop out the logo and submit the results to your clients for re-sale. These uses will not be permitted as or constitute Permitted Uses. If there is any doubt that a work is not permitted, you should contact us for expressed, written permission. Any use of the Content that is not a Permitted Use shall constitute breach of this agreement.

(b) Only you are permitted to use the Content, although you may forward results containing Content to your clients for the purpose of gaining a sign-off or approval to send out the email blast, provided that such parties shall have no further or additional rights to use the Content or extract it from any file you provide.

(c) Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:

Portfolio – you may make use of the Content for portfolio purposes to express to your potential clients that you are qualified to create HTML/CSS emails that are compliant with the most popular email readers.
Email artwork – you may resell, re-use, or present your email artwork for any other purposes as long as it is void of a Email Preview result within any email client.
Screenshots – you may present a screenshot of your results in any marketing medium as long as you do not remove the Email2Go logo or company name from the image.
Charge for services rendered – you may charge your clients for your time to test and modify the email in question, this fee can be based on standards previously established between you and your clients.
Any other uses must be approved in writing by Bitten Byte, Inc..

4. Standard Usage Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section, permitted by an extended license, or otherwise authorized by Email2Go in writing (which includes email). For the greater certainty, the following are “Prohibited Uses” and you may not:

Use the Content for resale, whether online or not, with or without the Email2Go logo. For example, you cannot create a website that claims to run email tests of any kind, in any email client and use our products and services to make a profit.
Use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo.
Use or display any Content that features a model or person in a manner that (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor, (ii) depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content.
Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content.

5. Term of Agreement

(a) This Agreement is effective until it is terminated. You can terminate this Agreement by providing Email2Go not less than thirty (30) days advanced written notice of such termination. Promptly after any such termination, you will destroy all copies of the Content and any Permitted Derivative Works, along with any copies or archives (excluding operational backups) of it, or accompanying materials (if applicable), and cease to use the Content for any purpose. Either party may terminate the Agreement if the other party breaches any of the material terms of the Agreement, and the breaching party fails to cure such breach within thirty (30) days after receipt of written notice thereof from the non-breaching party specifying such material breach. Upon termination, you must immediately (i) cease using the Content for any purpose, (ii) destroy or delete all copies and archives of the Content or accompanying materials, (iii) if requested, confirm to Email2Go in writing that you have complied with these requirements. If Client terminates this Agreement before the expiration of any annual term, Email2Go shall promptly provide Client a pro-rated refund based on the total Email2Go day using during the current term prior to termination. Email2Go reserves the right to elect at a later date to revoke, or amend the license granted by the Agreement, and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other addresses as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content for future products and take all reasonable steps to discontinue use of the replaced Content in products that already exist. Should Email2Go elect to invoke this right, Client shall have the right exercisable within fifteen (15) days of receiving the notice required by the Section 5(b) to immediately terminate this Agreement and receive a refund for all amounts pre-paid for licenses or services utilized after such termination.

6. Limited Representations and Warranties

(a) The Email2Go Site acts as an exchange of Content between those who provide Content to the public domain (in this case the Email Clients represented within our Email Preview results) and those who wish to upload Client Materials to the public domain (in this case, your email including, but not limited to, your creative, photography, HTML, and CSS).Email2Go grants no rights, and makes no warranties regarding the use of names, people, trademarks, trade names, patented or copyrighted designs, works of art, architecture, or other forms of intellectual property represented in any Content. While we have made reasonable efforts to properly simulate the correct results for each email client, Email2Go does not warrant the accuracy of such information. Email2Go represents and warrants to Client that it has the right to disclose all information it provides to Client, and that authorization is not required from any third party in order for Client to utilize the Content or services (including, but not limited to, the Email Preview) or system which Client is accessing and utilizing pursuant to this Agreement so long as such access and use is as permitted by this Agreement. Further, Email2Go represents and warrants to Client that Client’s use of the Content or the services (including, but not limited to, the Email Preview) or system which Client is accessing and utilizing pursuant to this Agreement so long as such access and use is permitted by this Agreement will not infringe, or constitute an infringement or misappropriation of any patent, copyright, trademark, trade secret, service mark, or any personal, moral, literary, privacy, publicity or other interest, proprietary or otherwise, of any individual or entity, or otherwise violate the rights of any third party or any applicable law, rule, or regulation.

7. Limitation of Warranties and Liability

(a) Except for breach of privacy and data protection, obligations set forth in section 10 and this agreement, in no event shall either party, or any of its affiliates, content providers, respective directors, officers, employees, shareholders, partners or agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damaging, action, suit or other proceeding arising under or out of the agreement, including without limitation of use, reliance upon, access to, exploitation or the Content or any part thereof, any rights granted hereunder, even if such party has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights, or otherwise.

(b) In any event, except for breach of privacy and data protection obligations set forth in section 10 and this Agreement, the total maximum aggregate of liability of either party under this Agreement, of the use or exploitation of any, or all, of the Content in any manner whatsoever, shall be limited to the fees actually paid by you to Email2Go under this Agreement in the respect of the use of the relevant Content.

8. Fees and Payment

Email2Go reserves the right to require payment for certain services, as described on the website. You may cancel your account at any time. Most services are subscription based and include a free trial. When the trial ends, we will ask you to subscribe for our service. Your subscription will automatically renew every term after your initial billing date. We consider a week term to be a calendar week, a month term to be a calendar month and a year term to be calendar year. You may upgrade, downgrade or disable automatic renewal at any time through the website. Changes to your plan will take effect immediately. Unless otherwise agreed by you and Email2Go, in order to set up an account you must provide accurate and complete billing information including legal name, address, and a valid credit card. By submitting such credit card information, you give Email2Go permission to charge all fees incurred through your account to the designated credit card. Email2Go reserves the right to terminate this agreement if you do not provide a valid credit card for the payment of fees.

Subscription Refunds: No refunds will be provided for weekly and monthly subscriptions. By canceling your active monthly subscription, you will continue to have active access to your chosen subscription related features until the end of your current payment cycle. For annual subscriptions canceled within 30 days of payment, a pro-rated refund will be provided subtracting the cost of one (1) full month of service, with active service provided for one (1) month. We do not provide refunds for any sub-user subscription payments.

9. Indemnification

Each party (the “Indemnifying Party”) agrees to indemnify, defend and hold the other party and its affiliates, Content providers and their respective directors, officers, employees, shareholders, partners, and agents (collectively, the “Indemnified Party”) harmless from and against any and all third party claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Indemnified Party as a result of, or in connection with, any material breach by the Indemnifying Party, anyone acting on its behalf of any of the Indemnifying Party’s representations, warranties, covenants, or agreements contained in the Agreement, or as a result of the Indemnifying Party’s or its employees gross negligence or willful misconduct.

10. Privacy

Email2Go is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices, how we collect, use, and disclose the personal information of those individuals who visit our website. Email2Go will comply with all applicable federal, territorial, and international laws, rules, regulations, directives to data collected or processed for the Email2Go services (“Data Protection Laws”).

Email2Go will immediately inform you of any breaches of security or unauthorized access involving your personal information in accordance with applicable Data Protection Laws and will take steps to remedy the breach or violation arising from Email2Go’s acts or omissions. Email2Go will support your efforts in determining what personal information may have been compromised.

11. Accuracy of Test Results provided by Web site

Email2Go updates the information on its web site regularly. However, Email2Go cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on its web site. Email2Go may revise, supplement, delete information, services and/or the resources contained on its web site, and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

12. Images Storage Rules

The Content displayed and/or processed through Email2Go images storage shall not contain any of the following types of content:

(a) Content that infringes a third party's rights (e.g., copyright) according to applicable law;
(b) Illegal pornographic, obscene or excessively profane content;
(c) Hate-related or violent content;
(d) Content advocating racial or ethnic intolerance;
(e) Homophobic or transphobic content;
(f) Content intended to advocate or advance computer hacking or cracking;
(g) Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
(h) Illegal drug paraphernalia;
(i) Phishing;
(j) Malicious content;
(k) Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

13. Linked Web sites

The web site through which you access the Email2Go software may provide links to third party web sites for your convenience only. The inclusion of these links does not imply that Email2Go monitors or endorses these web sites. Email2Go does not accept any responsibility for such web sites. Email2Go shall not be responsible or liable, directly or indirectly, or any damage or loss caused or alleged to be caused by, or in connection with, the use of or the reliance upon an, any information, content, goods, or services available on or through any third party web sites or linked resources.

14. Internet software or computer viruses

Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the web site. Both parties will use anti-virus software to attempt to eradicate viruses on all files transmitted between each other and each party will notify the other promptly if becoming aware of a virus in the file sent or received by the other party or other malware devices.

15. Email

Feel free to email Email2Go: hello@email2go.io. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Email2Go is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

Email2Go has no obligation concerning such information;
the information is non-confidential;
Email2Go may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation;
the information is truthful and disclosure of the information does not violate the legal rights of others.

16. Trademarks

Neither Party may issue any press release or any other public announcement of any kind relating to the Agreement or the terms thereof without the other Party’s prior written consent. Notwithstanding the foregoing, for so long as this Agreement is in effect, Email2Go may refer to the Client, using its name, trademarks and other logos (“Marks”), on Email2Go’s website, marketing materials and in presentations to prospective customers. In addition, Email2Go may use the Client’s Marks in connection with provision of the Platform solely to the extent that the Client has uploaded or requested the incorporation of such Marks into the form of communication to be delivered via the Platform, and has initiated the distribution of the same. Except as set forth herein, neither Party may use the Marks of the other Party without such Party’s prior written consent.

17. General Provisions

(a) You specifically agree and acknowledge that you have review the terms of the Agreement, and you agree to be bound by them. This Agreement may be amended only in writing signed by authorized representative of both parties.

(b) Either party’s failure to insist upon, or enforce, strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.

(c) This Agreement is personal to the Client and Email2Go and is not assignable by either party without the other party’s prior written consent to any affiliate or successor-in-interest, which consent may not be unreasonably withheld, so long as such assignee agrees to be bound by its terms.

(d) If all or part of any provision of the Agreement is wholly or partially unenforceable, the parties, or, in the event the parties are unable to agree, a court of competent jurisdiction shall put in place of such whole or part provision an enforceable provision, or provisions, that, as nearly as possible, reflects the terms of the unenforceable whole or part provision.

(e) This Agreement will be governed under the laws of the state of New York and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

(f) Any and all disputes arising out of, under, or in connection with the Agreement, including without limitation, its validity, interpretation, performance, and breach shall be finally settled under the Rules of Arbitration by a single arbitrator appointed in accordance with such rules. The arbitration shall take place in New York, NY, and shall be conducted in the English language.

(g) This Agreement, any additional agreements, and all related arbitration documents or disputes shall be drawn up in English.

18. Contact

If you have concerns relating to this Agreement, please contact Email2Go here.

Address:
Bitten Byte, Inc.
99 Wall Street Ste 340
New York NY 10005
United States

19. Acknowledgement

Each party acknowledges that it has read this Agreement, understands it, and had an opportunity to seek independent legal advice prior to agreeing to it. Each party further agrees that it is the complete and exclusive statement of the agreement between the parties, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Email2Go relating to the subject of the Agreement.