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description=Read the Terms of Service for Nurturing Mail. Understand your rights and responsibilities when using our email automation platform for directory growth.;
author=Nurturing Mail;
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Text of the page (random words):
ws 5 2 limited license subject to your compliance with these terms we grant you a limited non exclusive non transferable revocable license to access and use our services for your internal business purposes use our software applications in accordance with their intended functionality create and send email campaigns using our tools this license does not include the right to a resell or commercialize our services b modify or create derivative works c reverse engineer our software or d extract or reuse any portion of our platform 5 3 user content you retain ownership of all content you create or upload to our platform user content including email templates and copy contact lists and lead data campaign configurations and settings custom integrations and workflows 5 4 license to user content by uploading user content to our platform you grant us a worldwide non exclusive royalty free license to store process and transmit your user content to provide the services use your user content to train and improve our ai models anonymized and aggregated create derivative works as necessary to provide the services display your user content to you and your authorized team members this license terminates when you delete your user content or close your account except for content that has been shared with others or is required for legal compliance 5 5 user content representations you represent and warrant that you own or have the necessary rights to all user content your user content does not infringe any third party rights you have obtained all necessary consents and permissions your user content complies with all applicable laws and these terms 5 6 feedback if you provide feedback suggestions or ideas about our services feedback you grant us the right to use such feedback without restriction or compensation we may incorporate feedback into our products and services 5 7 dmca and copyright infringement we respect intellectual property rights if you believe content on our platform infringes your copyright please contact us at praneetbrar7 gmail com with identification of the copyrighted work location of the infringing material your contact information a statement of good faith belief your physical or electronic signature 6 payment terms and billing 6 1 subscription plans we offer the following subscription tiers free plan limited features with 1 email per day pro plan full features with 16 emails per day at 29 month custom enterprise custom pricing and features contact sales 6 2 billing and payments billing cycle subscriptions are billed monthly in advance unless otherwise specified payment methods we accept major credit cards and other payment methods via our payment processor auto renewal subscriptions automatically renew unless cancelled before the renewal date price changes we may change prices with 30 days notice changes apply at next renewal currency all prices are in u s dollars usd unless otherwise stated 6 3 failed payments if a payment fails we will attempt to charge your payment method multiple times you will receive email notifications about failed payments your account may be suspended or downgraded after repeated failures you are responsible for updating payment information we may charge late fees or interest as permitted by law 6 4 refund policy no refunds except as required by law all payments are non refundable we do not provide refunds or credits for partial month subscriptions unused emails or features account termination or suspension for terms violations service dissatisfaction we encourage free plan testing exception if we discontinue a paid feature without replacement we may provide pro rata refunds at our discretion 6 5 taxes prices do not include applicable taxes you are responsible for all sales use gst vat and other taxes except those based on our net income we will charge applicable taxes when required by law 6 6 downgrades and cancellations cancellation you may cancel anytime access continues until the end of the billing period downgrade downgrading may result in loss of features data or content no pro rata refunds cancellations and downgrades do not entitle you to refunds 6 7 free trial we may offer free trials for paid plans free trial terms valid payment method required to start trial automatic conversion to paid subscription unless cancelled one trial per customer unless otherwise specified we reserve the right to modify or cancel trials at any time 6 8 overage charges if you exceed your plan limits email sends contacts etc we may queue additional emails for the next day suggest plan upgrades to accommodate your needs charge overage fees for certain features with advance notice temporarily restrict access until you upgrade or limits reset 7 privacy and data protection your privacy is important to us our collection use and disclosure of personal information is governed by our privacy policy which is incorporated into these terms by reference 7 1 data processing agreement when you use our services to process personal data we act as a data processor on your behalf you are the data controller and are responsible for obtaining necessary consents from data subjects complying with applicable data protection laws gdpr ccpa etc providing appropriate privacy notices to recipients handling data subject rights requests ensuring lawful basis for processing 7 2 data security we implement reasonable security measures to protect your data but you acknowledge that no system is completely secure you are responsible for protecting your account credentials encrypting sensitive data before upload maintaining appropriate security measures for your own systems regularly backing up critical data 7 3 data retention and deletion we retain your data as described in our privacy policy you may request data deletion by closing your account or contacting support some data may be retained for legal compliance fraud prevention or legitimate business purposes 8 disclaimers and warranties ️ important legal disclaimer please read this section carefully as it limits our liability and affects your legal rights 8 1 as is service our services are provided as is and as available without warranties of any kind either express or implied to the fullest extent permitted by law we disclaim all warranties including merchantability we do not warrant that our services are suitable for your particular purposes fitness for purpose we do not guarantee our services will meet your specific requirements non infringement we do not warrant that our services do not infringe third party rights accuracy we do not guarantee the accuracy completeness or reliability of any content or data availability we do not warrant uninterrupted timely secure or error free service results we do not guarantee any specific results from using our services 8 2 no guarantee of results we do not guarantee that using nurturing mail will increase your email open rates click through rates or conversions generate leads sales or revenue for your business result in successful email delivery or inbox placement improve your sender reputation or avoid spam filters produce accurate ai generated content suitable for your needs email marketing success depends on many factors outside our control including your content audience sender reputation and email service provider policies 8 3 third party services our services may integrate with or depend on third party services producthunt email providers payment processors we are not responsible for third party service availability accuracy or reliability changes to third party apis policies or terms third party service interruptions or discontinuations accuracy of scraped data from external sources 8 4 ai generated content our ai powered email generation feature may produce inaccurate inappropriate or biased content requires human review before sending should not be relied upon without verification may not comply with industry specific regulations without customization you are solely responsible for reviewing editing and approving all ai generated content before sending 8 5 legal and compliance we do not provide legal advice you are responsible for ensuring your use of our services complies with applicable laws obtaining necessary permissions and consents for email campaigns complying with can spam gdpr ccpa and other regulations understanding and adhering to producthunt s terms and policies consulting with legal counsel when necessary 9 limitation of liability critical legal clause this section significantly limits our liability for damages please read carefully 9 1 exclusion of damages to the maximum extent permitted by law we shall not be liable for any indirect incidental special consequential or punitive damages including but not limited to loss of profits revenue or business opportunities loss of data goodwill or reputation cost of substitute services or procurement business interruption or downtime lost sales or customers resulting from service issues damage to sender reputation or email deliverability penalties or fines from regulatory authorities claims by third parties related to your use of our services 9 2 liability cap our total liability to you for all claims arising from or related to these terms or our services shall not exceed the greater of a the amount you paid us in the 12 months preceding the claim or b 100 usd 9 3 basis of the bargain these limitations reflect the allocation of risk between us and are fundamental elements of the basis of the bargain between us our services would not be provided without these limitations 9 4 exceptions some jurisdictions do not allow the exclusion or limitation of certain damages in such jurisdictions our liability is limited to the maximum extent permitted by law nothing in these terms excludes or limits liability for death or personal injury caused by negligence fraud or fraudulent misrepresentation gross negligence or willful misconduct any liability that cannot be excluded by law 9 5 force majeure we are not liable for any failure or delay in performance due to circumstances beyond our reasonable control including natural disasters pandemics or acts of god war terrorism riots or civil unrest government actions laws or regulations internet outages power failures or telecommunications issues third party service failures or cyberattacks labor disputes or supply chain disruptions 10 indemnification 10 1 your indemnification obligations you agree to indemnify defend and hold harmless nurturing mail its affiliates officers directors employees agents and licensors from and against any claims liabilities damages losses costs or expenses including reasonable attorneys fees arising from or related to your use or misuse of our services your violation of these terms or applicable laws your violation of any third party rights including intellectual property privacy or publicity rights your user content or email campaigns spam complaints or violations of anti spam laws data protection violations or breach of gdpr ccpa or similar laws your negligence willful misconduct or fraud disputes between you and email recipients or third parties 10 2 defense and settlement if we seek indemnification from you we will promptly notify you of the claim you will assume control of the defense and settlement we may participate in defense at our own expense you may not settle any claim without our prior written consent if it imposes obligations on us we may assume exclusive defense if you fail to defend 10 3 survival these indemnification obligations survive termination of these terms and your use of our services 11 term and termination 11 1 term these terms commence when you first access our services and continue until terminated by either party 11 2 termination by you you may terminate your account at any time by deleting your account through account settings contacting our support team ceasing all use of our services 11 3 termination by us we may suspend or terminate your access to our services immediately without notice for violation of these terms or acceptable use policy fraudulent activity or abuse of services non payment of fees excessive spam complaints or bounce rates damage to our reputation or infrastructure legal or regulatory requirements extended inactivity after notice for free accounts risk to security privacy or other users 11 4 effect of termination upon termination your right to access and use our services immediately ceases we may delete your account and data according to our privacy policy you remain liable for all fees and charges incurred prior to termination no refunds will be provided except as required by law you must cease using any of our intellectual property sections that by their nature should survive will continue to apply 11 5 data export before termination you should export any data you wish to retain after account deletion we cannot guarantee data recovery we may provide a grace period for data export but are not obligated to do so 11 6 survival the following sections survive termination intellectual property rights payment terms disclaimers and warranties limitation of liability indemnification governing law and dispute resolution 12 dispute resolution and governing law 12 1 governing law these terms are governed by and construed in accordance with the laws of the state of delaware united states without regard to its conflict of law principles the united nations convention on contracts for the international sale of goods does not apply 12 2 jurisdiction and venue you agree that any legal action or proceeding arising from or related to these terms shall be brought exclusively in the federal or state courts located in delaware you consent to personal jurisdiction and venue in these courts and waive any objection based on inconvenient forum 12 3 informal resolution before filing a claim you agree to contact us at praneetbrar7 gmail com to attempt informal resolution we will attempt to resolve the dispute informally by contacting you via email if we cannot resolve the dispute within 60 days either party may pursue formal proceedings 12 4 arbitration agreement if informal resolution fails disputes shall be resolved through binding arbitration rather than in court except you may bring claims in small claims court if they qualify either party may seek injunctive relief in court for intellectual property infringement or misuse arbitration rules administered by the american arbitration association aaa under its commercial arbitration rules single arbitrator selected according to aaa rules arbitration held in delaware or remotely by mutual agreement each party bears its own costs and attorneys fees unless otherwise awarded by arbitrator arbitrator s decision is final and binding subject to limited appeal rights under applicable law 12 5 class action waiver you and nurturing mail agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or clas...