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Terms of Service

These Terms of Service (“Agreement”) govern the use of the email marketing services (the “Service”) provided by [Email Marketing Agency] (“Company”) to its clients (“Client”). By using the Service, the Client agrees to be bound by this Agreement.

  1. Service Description: The Service is an email marketing platform that enables the Client to create, send, and track email campaigns to its subscribers. The Service may also include additional features such as landing page creation, form creation, and segmentation of email lists.

  2. Account Registration: To use the Service, the Client must register an account on the Company’s website and provide accurate and complete information. The Client is solely responsible for maintaining the confidentiality of its account and password, and for all activities that occur under its account.

  3. Payment: The Client agrees to pay the fees for the Service as specified by the Company. Fees may vary depending on the Client’s usage of the Service. The Client is responsible for paying all applicable taxes related to the Service.

  4. Content and Use of Service: The Client is solely responsible for the content of the emails sent through the Service, and agrees not to use the Service to send spam, unsolicited emails, or other illegal or unethical communications. The Client agrees to comply with all applicable laws and regulations related to email marketing and the Service.

  5. Intellectual Property: The Client retains all rights to its content and data, but grants the Company a non-exclusive, worldwide license to use, copy, and display such content and data as necessary to provide the Service.

  6. Confidentiality: The Client agrees to keep confidential all information and data provided by the Company, including the features, functionality, and pricing of the Service.

  7. Limitation of Liability: The Company shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Service, including but not limited to damages for loss of profits, use, data, or other intangible losses.

  8. Termination: Either party may terminate this Agreement at any time for any reason. Upon termination, the Client’s access to the Service will be immediately terminated, and all data associated with the Client’s account will be deleted.

  9. Modification of Terms: The Company reserves the right to modify these Terms of Service at any time. The Client’s continued use of the Service after any such modifications shall constitute acceptance of the modified terms.

  10. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions.

  11. Entire Agreement: This Agreement constitutes the entire agreement between the parties, and supersedes all prior negotiations, understandings, and agreements between the parties.