Terms and Conditions
THESE GENERAL TERMS AND CONDITIONS OF SERVICE (the “Terms”) are a legal and binding agreement between CleverBiz, a French corporation ( “We” or “Service Provider”) and you (“You”), governing your use of the Email Planner website and/or the email planner services (collectively the “Services”) through the website located at https://emailplanner.io/ (the “Website”) or its mobile applications (“Apps”) available on iOS and Android platforms, if any.
PLEASE CAREFULLY READ THESE CONDITIONS. BY SUBSCRIBING TO THE SERVICES OR BY ACCESSING OR USING THE WEBSITE, THE APPS, OR THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE, WITHOUT RESERVATIONS, TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT.
CleverBiz reserves the right, at any time, to change, add or update this Terms, by posting on the Website or by providing any other notice. Any addition, change or update will be effective immediately. Services are not available to individuals under the age of 18 or who do violate any of the qualifications included in this Agreement.
“Data” means Client’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Client and Service Provider, and which may be intended for third parties, through the Service access and use rights.
“Website” means the web pages associated with the technological features of the Service described in the Service Documentation that can be accessed by and configured for and/or by Client, especially the “Admin” interface, in accordance with the Agreement.
“Content” means the text, images, and other data you choose to input, upload, or store in Email Planner.
2. Use of Site
3. Account & Password
Email Planner service accounts should not be shared. We will not have any liability to you if you share your informations with anyone, as a result of your or their actions under those circumstances.
If you discover any unauthorized use of your informations or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify us.
4. Use of information
5. Term, Termination and Revomal
We are pleased to grant you a non-exclusive, revocable, limited license to use the Website, subject to these Terms, solely for your personal and non-commercial use, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms.
You may terminate your account at any time, for any reason, by sending an email to …. or by clicking ….
You agree to indemnify and hold CleverBiz, its affiliates, employees, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
7. Limitation of Liability
To the extent permitted by applicable law, in no event shall CleverBiz, its employees, its representatives, or any third parties mentioned at the website be liable for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from your access to, use of or inability to use, reliance on or downloading from the site, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
To the extent permitted by law, the remedies stated for You in these Terms are exclusively and are limited to those expressly provided for in these Terms.
CleverBiz may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites, on the Site. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any such advertisement or link does not imply endorsement by Email Planner of the advertisement or linked site or any content therein.
In no event will CleverBiz be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued us or reliance on any third party advertisement displayed on the site, any products, services or other materials relating to any such advertisement, any linked third party site or any link contained in a linked site.
9. Intellectual property rights
CleverBiz retains all rights and title, including, but not limited to, any intellectual property rights, trademarks, rights of privacy. The Email Planner name, logo, Website, product or Services are trademarks of CleverBiz. You acknowledge that You are not receiving any ownership and no right or license is granted to You to use them apart from your right to access the Services and Website under this Terms.
10. Right to modify the service
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service.
You also acknowledge that a variety of CleverBiz actions may prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that CleverBiz has no responsibility as a result of any such actions or results.
11. Applicable Law and Jurisdiction
French laws will govern this Agreement. Any action or lawsuit related to this agreement must be brought in the appropriate French court.
EMAIL PLANNER IS SPONSORED BY MAILJET, THE LEADING EMAILING COMPANY IN EUROPE.