Terms of Service
Effective Date: December 01, 2020 GENERAL PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING LucidMail.io AND USING OUR SERVICES AVAILABLE ON LucidMail.io OR PROVIDED BY LucidMail.io, YOU ACCEPT AND AGREE TO THEM. PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION. These Terms of Service (these “Terms”) explain the relationship between LucidMail (“we” or “us”) and you when you (i) access and use LucidMail.io and/or (ii) download, install, use and in some cases purchase LucidMail proprietary email software applications (including all related documentation, updates and upgrades) and any other services offered through the Site (the LucidMail Services”). These Terms govern visitors’ access to and use of the public & private areas of the Site, as well as access to and use of the LucidMail Services. Unless otherwise indicated, LucidMail Services” as used throughout these Terms includes the public & private areas and the LucidMail Services. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the LucidMail Services. THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND LucidMail. BY USING THE LucidMail SERVICES, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE LucidMail SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND LucidMail AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS. 1. LICENSE GRANT The LucidMail Services are owned by LucidMail and are licensed, not sold, to you. We grant to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the LucidMail Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the LucidMail Services (“Order Form”) and any and all other terms and policies set forth in the LucidMail Services. You acknowledge that the source code for the LucidMail Services and other trade secrets embodied in the LucidMail Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by LucidMail.
2. USE OF SERVICES 2.1 Registration: Unless you are visiting only the public areas of the Site, you are required to register and create an account to use the LucidMail Services (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the LucidMail Service if you provide untrue, incomplete or inaccurate information. 2.2 Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the LucidMail Services. LucidMail does not guarantee that the LucidMail Services are accessible on any particular equipment or device or with any particular software or service plan. You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with any other person. You will use the LucidMail Services only for your internal business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the LucidMail Services. You agree that you will not use the LucidMail Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights. You agree that you will not use the LucidMail Services if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms. By using LucidMail Services in any capacity, you agree that you will not participate in, encourage (or authorize any third party) to upload or input any information that could be seen as inflammatory or abusive. You also agree that you won’t use LucidMail Services for fraudulent or inappropriate purposes (which will be determined at our discretion). You agree that you will not participate in (or encourage third parties) to decipher or reverse engineer any technology used for competitive purposes. If you use the LucidMail Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. LucidMail is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider. Except as specifically permitted in these Terms or expressly authorized in writing by LucidMail, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the LucidMail Services; (b) use any of the LucidMail Services in any service bureau arrangement; (c) reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the LucidMail Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the LucidMail Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the LucidMail Services; (y) use any means to discover the source code of the LucidMail Services or to discover the trade secrets in the LucidMail Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the LucidMail Services. You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the LucidMail Services. 2.3 Our Responsibilities: LucidMail generates positive actions between the Client's email accounts and LucidMail's email accounts. These interactions are based on sending emails from the Client's email account via the email provider's API as well as operating positive actions on Client's emails, such as: marking the Client emails as important or getting them out of the spam folder. LucidMail tracks incoming emails from the Client's email accounts and presents analytics in a web dashboard.
LucidMail can only be held responsible for performing the above mentioned actions only. LucidMail is not responsible for the performance of your email campaigns and cannot guarantee in any way your campaigns' results (ex. open rates, reply rates, click rates etc). LucidMail cannot be held responsible for technical damages, such as restrictions imposed on your accounts by email providers (such as API sending restrictions imposed by Google), domains getting temporarily suspended or blacklisted, or excessive interactions leading to legal or technical damages. LucidMail provides a web interface so that you can easily connect or disconnect email accounts. You are solely responsible for the email accounts you connect to LucidMail, and for deciding when you would like to connect new accounts or disconnect existing accounts. You are responsible for all information, feedback, suggestions, text, content, credentials and other materials that you share, upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the LucidMail Service (“Your Content” as defined in Section 3 below). We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the LucidMail Services. Vulnerability issues can be reported to vulnerability@LucidMail.io LucidMail reserves the right but is not obligated to improve, enhance or modify the LucidMail Services. We will notify you in advance of changes to the LucidMail Services that may significantly adversely affect the manner in which you use the LucidMail Services or the manner in which the LucidMail Services perform. LucidMail is not responsible for the actions or content of your Email Providers or any other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of other web sites, Software or other services such as Email automation services, Email providers. YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES. 2.4 Availability: We use commercially reasonable efforts to make the LucidMail Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, unscheduled downtime and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures). 2.5 Limitations LucidMail Services are subject to other limitations, such as limits on the amount of email sent as specified by your email provider. 5. PAID LUCIDMAIL SERVICE LucidMail offers LucidMail Services for a fee (“Paid LucidMail Service”). The Paid LucidMail Service is provided to you for a monthly fee at the then-current rates as described in the proposal document you have received (Pricing section”). LucidMail reserves the right to change the Fee Schedule upon thirty (30) days advance notice to paying customers. LucidMail does not store, process or transmit any of your credit card data but relies entirely on Stripe, Inc. to handle these functions. Payments due for the Paid LucidMail Services are subject to the terms of the online order process at https://stripe.com/terms. If you do not agree to Stripe’s terms, then please do not sign up for the Paid LucidMail Service. Your Paid LucidMail Service will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule every thirty (30) days in advance. Monthly fees are automatically charged to the credit card that you provided when you registered for the Paid LucidMail Service. To cancel the Paid LucidMail Service, simply got to your settings / billing and cancel there. Cancellation are requested immediately, but your credit card provider may require several days to process your cancellation request. We are not responsible for delays caused by your credit card company. After cancelling your Paid LucidMail Service, you will not be further billed. You will continue having access to the service for the remainder of the prepaid 30 days. We do not provide refunds for already accrued services.
If payment in full of any amount owed to LucidMail under these Terms is not received by LucidMail within 15 days, LucidMail will terminate your account and delete all your data without notice. 6. WARRANTIES We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the LucidMail Services. EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ACKNOWLEDGE THAT THE LucidMail SERVICES ARE SUPPLIED TO YOU ON AN “AS IS” BASIS AND THAT USE OF THE LucidMail SERVICES IS AT YOUR SOLE RISK. LucidMail HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE LucidMail SERVICES AND THE USE, PERFORMANCE, OPERATION AND SUPPORT THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, INTERFERENCE WITH ENJOYMENT, ACCURACY, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. LucidMail DOES NOT WARRANT THAT (A) THE LucidMail SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE LucidMail SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE LucidMail SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE LucidMail SERVICES WILL BE CORRECTED OR (E) THAT THE LucidMail SERVICES WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY LucidMail OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 7. LIMITATION OF LIABILITY LUCIDMAIL’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE LucidMail SERVICES OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL LUCIDMAIL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS. IN NO EVENT WILL LucidMail BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE LucidMail SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF LucidMail HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. 7. OWNERSHIP The LucidMail Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material are automatically protected by copyright, irrespective of whether copyright is asserted or not. You acknowledge and agree that LucidMail owns all right, title and interest in and to the LucidMail Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of LucidMail copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the LucidMail Services, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to LucidMail by you (collectively, “Feedback”)), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by LucidMail or otherwise relating to the LucidMail Services (collectively, “Revisions”), are and will remain the property of LucidMail. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the LucidMail Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of LucidMail and LucidMail may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to LucidMail any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by LucidMail, you will execute any document, registration or filing required to give effect to the foregoing assignment. 8. INDEMNIFICATION You agree to indemnify and defend LucidMail and its affiliates, directors, officers, employees and agents from and against all Claims brought against LucidMail by any third party arising from your use of the LucidMail Services or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. LucidMail reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of LucidMail may be made without LucidMail’s prior written approval. 9. MODIFICATIONS TO TERMS We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the LucidMail Services after the “Last Revised” date at the top of this page. Your continued access or use of the LucidMail Services after the modifications become effective is deemed your conclusive acceptance of the modified Terms. 10. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE SERVICE You may terminate your account at any time by contacting customer service at support@LucidMail.io. In addition, LucidMail may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. Upon termination, you will cease all use of the LucidMail Services and will destroy any copy (full or partial) of any and all parts of the LucidMail Services in your possession or control. Termination will not limit any of LucidMail’s other rights or remedies at law or in equity. This Section 11 along with Sections 6, 7 and 8 will survive any termination or expiration of these Terms. 11. EXPORT LAWS You agree that you will not export or re-export, directly or indirectly, the LucidMail Services and/or other information or materials provided by LucidMail hereunder, to any country for which Switzerland or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable Swiss export laws and regulations. 12. TAXES You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the LucidMail Services by any authority. 13. REMEDIES You agree that a breach or a threatened breach of these Terms will cause injury to LucidMail for which money damages will not provide an adequate remedy and LucidMail will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages. 14. MISCELLANEOUS These Terms may not be modified except by a writing executed by the duly authorized representatives of LucidMail. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by LucidMail but you may not assign them without the prior express written consent of LucidMail. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. If either party fails to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms are governed by and construed and enforced in accordance with Swiss law, and is binding upon the parties hereto in Switzerland and worldwide. You and LucidMail agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms and that only Swiss law is applicable. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in Zurich, Switzerland. Any claim arising out of these Terms, the LucidMail Services must be brought within one (1) year of the date on which the claim arose. These Terms, together with our Privacy Policy, contain the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein. Please direct questions regarding these Terms to support@lucidmail.io with “Terms of Service” in the subject line.
LUCIDMAIL
Contact email: support@lucidmail.io