Terms of Service

DemandScience Email Experiences (email.terminusplatform.com)

PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE, BY ACCESSING HTTPS://EMAIL.TERMINUSPLATFORM.COM or USING SERVICES AVAILABLE FROM TERMINUS, YOU ACCEPT AND AGREE TO THEM. PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION.

Welcome to DemandScience Email Experiences!

Last revised: November 3rd, 2014

By signing up for an account (“Account”) for the DemandScience Email Experiences service (“Service”) or using any of the services of DemandScience, LLC (DemandScience), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: app.sigstr.com/tos.

Account Terms

• You must be 18 years or older to use this Service.
• You must provide a valid email address and any other information needed in order to complete the signup process.
• You are responsible for keeping your password secure. DemandScience cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account, username, and password.
• You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the state of Indiana.
• You are responsible for all activity and all data, images, graphics, photos, links, and text (“Content”) that is uploaded under your DemandScience Email Experiences Account.
• You must not transmit any worms, malware, spyware, viruses, or any code of a malicious or destructive nature.
• A breach or violation of any of the Account Terms as determined in the sole discretion of DemandScience Email Experiences will result in an immediate termination of your Service.

General Conditions

• We reserve the right to modify or terminate the Service for any reason, without notice at any time.
• We reserve the right to refuse service to anyone for any reason at any time.
• Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
• DemandScience does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
• DemandScience does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
• You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
• You expressly understand and agree that Terminus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
• Technical support is only provided to paying Account holders and is only available via email or the support forum.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Terminus.
• Verbal or written abuse of any kind (including threats of abuse or retribution) of any Terminus Email Experiences customer, Terminus employee, member, or officer will result in immediate Account termination.
• We do not claim any intellectual property rights over the material you provide to the Service. All material you upload remains yours. You can delete your Account anytime. This will also remove all Content you have stored on the Service.
• The failure of Terminus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Terminus and govern your use of the Service, superseding any prior agreements between you and Terminus (including, but not limited to, any prior versions of the Terms of Service).
• You retain ownership over all Content that you submit to a Terminus Email Experiences Account; however, by including the Content and the Service in your emails, you agree to allow others to view your Content.
• Terminus does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
• Questions about the Terms of Service should be sent to company via the contact information listed at www.terminus.com.

Payment of Fees

• A valid credit card is required for paying Accounts. Free Accounts are not required to provide a credit card number.
• The Service will be billed in arrears in monthly intervals. The amount billed will be determined by the number of users in the Account on the day of invoicing.
• There are no refunds for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
• When your billing period is over, you will be automatically billed through your credit card on file. You will have 10 days to dispute any billing issues.
• Failure to make payment within 7 days of invoice will result in Account access being restricted to the owner of the Account. Failure to make payment within 14 days will result in the Service being disabled and may result in your Account being terminated.

Termination

• The Service is available to be used within each user’s individual email. Links to the Service are not intended for use on web pages, blogs, or social media. The Service is also not intended for mass marketing email campaigns sent to more than 20 recipients. Users wishing to deploy Terminus Email Experiences anywhere other than in user’s email must first receive written permission via email from Terminus.
• Accounts registered by “bots” or other automated methods are not permitted.
• We reserve the right to modify or terminate your Service at any time for any reason, with or without notice. Without limiting the foregoing, Termiinus may limit, suspend or terminate your Account if we suspect that:
  • you have engaged in fraudulent activity in connection with the Service;
  • you have used the Service in violation of the Can Spam Act;
  • your use of the Service is considered excessive (i.e. your bandwidth usage, data storage, or number of times the Service is requested to display Content).

Cancellation

• You may cancel your Account at anytime by emailing Billing at Terminus dot com.
• Once your Account is cancelled, all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that you do in fact want to cancel your Account before doing so.

Modifications to the Service and Prices

• Prices for using the Service are subject to change upon 30 days notice from Terminus. Such notice may be provided at any time by posting the changes to the Terminus Site (www.terminus.com ) and as an announcement in your Terminus Email Experiences Account.
• Terminus shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Changes to the Terms of Service

Terminus reserves the right to update the Terms of Service at any time without prior notice. You will be notified of changes or updates when you access your account.

Contact Us

If you have any questions regarding the Terms of Service, please contact us through email at support at terminus dot com.