Terms and Conditions

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you ("User", "you") and Email-Clicks.com ("we", "us", "our"), concerning your access to and use of our email analytics services.

You agree that by accessing our services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using our services.

2. Definitions

3. Services Description

Email-Clicks.com provides email analytics and tracking services including but not limited to:

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the services.

4. User Registration

Account Creation

To access certain features of our services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately of any unauthorized use of your account
• Take responsibility for all activities that occur under your account

Eligibility

You must be at least 16 years of age to use our services. By using our services, you represent and warrant that you meet all eligibility requirements.

Account Termination

We reserve the right to refuse service, suspend, or terminate accounts at our sole discretion, including for violation of these Terms and Conditions.

5. Acceptable Use

Permitted Uses

You may use our services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use our services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
• To send, knowingly receive, upload, download, use, or re-use any material which does not comply with our content standards
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent

6. Intellectual Property Rights

Our Intellectual Property

The services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Your Content

You retain all rights to the content you upload, store, or process through our services. By using our services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of providing the services to you.

Trademarks

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates. You must not use such marks without our prior written permission.

7. Payment Terms

Fees and Billing

Certain features of our services may require payment of fees. You agree to pay all applicable fees as described on our website. All fees are quoted in US dollars and are non-refundable unless otherwise stated.

Subscription Services

If you purchase a subscription service, you authorize us to charge your payment method on a recurring basis for the subscription period. Subscriptions automatically renew until cancelled.

Price Changes

We reserve the right to change our fees at any time. We will provide you with reasonable notice of any fee changes.

Taxes

You are responsible for paying all taxes, duties, and charges of any kind imposed by any governmental authority related to your use of our services.

8. Privacy and Data Protection

We care about data privacy and security. Please review our Privacy Policy. By using our services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions.

Data Processing

We process personal data in accordance with applicable data protection laws, including GDPR and CCPA. Our data processing practices are detailed in our Privacy Policy.

Security

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure.

9. Disclaimer of Warranties

We make no warranty that:

• The services will meet your requirements
• The services will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the services will be accurate or reliable
• The quality of any products, services, information, or other material obtained by you through the services will meet your expectations

10. Limitation of Liability

Our total cumulative liability to you for all claims arising from or related to these Terms and Conditions or your use of our services shall not exceed the total amount of fees paid by you to us in the six months preceding the event giving rise to the claim.

Essential Purpose

You acknowledge and agree that the limitations of liability and disclaimers of warranty set forth in these Terms and Conditions reflect a reasonable and fair allocation of risk between the parties and are fundamental elements of the basis of the bargain between us and you.

11. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the services.

12. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Dispute Resolution

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the services.

14. Termination

We may terminate or suspend your account and bar access to the services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions.

Upon termination, your right to use the services will cease immediately. If you wish to terminate your account, you may simply discontinue using the services.

15. Miscellaneous

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and us regarding our services and supersede all prior and contemporaneous written or oral agreements between you and us.

Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

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