8th April 2023
CampaignHQ (henceforth "Service") is an online Email Marketing service offered through the URL https://www.campaignhq.co (henceforth "Website") that allows you to create, send and manage email newsletters (each message is called an "Email") to individual recipients. CampaignHQ is owned and operated by KumoHQ Software Services LLP, a Bengaluru, India based company. As a customer of the Service or a representative of an entity that's a customer of the Service, you're a "Member" according to this agreement (henceforth "you").
- Usage: You must fulfill the following in order to be able to use the CampaignHQ service:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using CampaignHQ, you represent and warrant that you meet all the eligibility requirements that are listed above. You promise not to use CampaignHQ in a way that might violate any laws or regulations. CampaignHQ reserves rights to refuse service, close account for any user and change the eligibility requirements at any time.
- Term: The Term begins when you sign up for CampaignHQ. Clicking the button and entering your username means that you’ve officially "signed” the Terms. If you sign up for CampaignHQ on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
- User Content: You are solely responsible for the content you upload, send, or display through our Services ("User Content"). By using our Services, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, and distribute your User Content for the purpose of providing you with our Services.
- Closing Your Account: CampaignHQ or you, either of the parties may terminate this Agreement at any time and for any reason by notifying the other party. CampaignHQ can suspend services to you at any time with or without any cause. There will be no refund in case there is a violation of these Terms. Once an account is terminated, there is no responsibility of recovery of data like contacts and emails from the CampaignHQ Platform.
- Changes: Terms can be changed anytime by prior notification either on the website or the latest email address provided by the user. The new Terms will be in immediate effect after the user has been notified. Any of the features/offerings/website can be changed at any time.
- Account and Password: You are responsible for keeping your account name and password confidential. You are responsible for your account, whether or not you have authorized anyone else to use it. You must notify us of any fraudulent use of your account. We are not responsible for any losses due to stolen or hacked account details. We do not have access to your account credentials and we can only reset the passwords.
Subscriptions and Payment
- Credit Cards: As long as you're a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly or yearly charges against that credit card. You'll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If, for some reason, we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed.
- Refunds: We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
- Changes: We may change the pricing structure of our service at any time by reflecting the change on our website and/or notifying you by email.
Rules and Abuse
- General Rules: You promise to follow these rules:
- You must not Spam your subscribers! By "spam", we mean the definition provided by Spamhaus.
- We expect you to refrain from using purchased, rented, or third-party lists of email addresses, in case of any complaints from any of the subscribers, you might face ban from using CampaignHQ services.
- You won't violate our Acceptable Use Policy.
- If you violate any of these rules, then we may suspend or terminate your account.
- Reporting Abuse: If you think that any of the CampaignHQ users is misusing the platform or is violating any of the Terms, please notify us immediately. If you receive any spam or unwanted email that you think originated from a user of CampaignHQ services then we would like to know about it. If there is any activity that infringes any copyrights or is illegal in any way then please contact us as email@example.com.
- Bandwidth Abuse/Throttling: You must make use of our bandwidth for only sending mails through our platform.
- Limitation of Liability: To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.
- Disclaimer of Warranties: To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
- Force Majeure: We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, fires, earthquakes, floods, strikes, power blackouts, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
- Disclaimers: We are not responsible for the behavior of any advertisers, linked websites, or other members. CampaignHQ and its employees cannot be held responsible for the behaviour, views or actions of its users and their content.
- Proprietary Rights Owned by Us: You will respect our proprietary rights (including patents, trademarks, trade secrets and copyrights). You may only use our brand assets with prior permission.
- Permission-Based Marketing: We only allow permission-based email marketing through our Services. This means that you can only send emails to individuals who have given you explicit permission to receive communications from you.
- Opt-Out Mechanism: All emails sent through our Services must include a clear and conspicuous opt-out mechanism that allows recipients to unsubscribe from future communications.
- Prohibited Content: You may not use our Services to send emails that contain:
- False or misleading header information.
- Deceptive subject lines.
- Misleading or fraudulent content.
- Adult content or content that is not suitable for minors.
- Illegal or unethical content.
- Compliance with Laws: You are responsible for complying with all applicable laws and regulations regarding email marketing, including the CAN-SPAM Act of 2003.
- Enforcement: We reserve the right to suspend or terminate your account if we determine that you have violated our Anti-Spam Policy.
- No Spam Guarantee: We have a strict no spam policy and take spam complaints seriously. If we receive a spam complaint about your use of our Services, we may suspend or terminate your account without notice.
Changes to these Terms and Policy
We may update these Terms and Anti-Spam Policy from time to time by posting a new version on our Site. If we make any material changes, we will notify you by email or by posting a notice on our Site before the changes take effect.
If you have any questions or concerns about these Terms or our Anti-Spam Policy, please contact us at firstname.lastname@example.org.