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SendForensics Terms of Service

Last updated 2016.01.06

1. These terms of service (Terms) govern your access to and use of SendForensics Pte Ltd's (registration no.: 201321279D) websites and services (Services).

2. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of a company, organization or other entity, you agree to these Terms for yourself and for and on behalf of that company, organisation or other entity. You agree and confirm that you have the authority to bind the company, organisation or other entity to these terms. A reference to you, your or similar pronoun includes the company, organisation or other entity referred to in this clause.

3. You shall use the Services in compliance with these Terms. You shall use the Services only if you have the legal capacity to do so. In using the Services, you shall comply with all applicable laws. The Services may change, including when we refine and add more features. We may stop, suspend or modify the Services at any time without prior notice to you. We may also remove any content from our Services.

Services

4. The use of the Services is at your own risk. We do not warrant any results from the Services. The Services do not constitute consulting, professional advice or any other form of advice whatsoever.

Ownership and Privacy

5. When using our Services you may provide us with information, files, data, folders and other content (together, your content). You retain full ownership to your content. These Terms do not grant us any rights or license to your content or the intellectual property arising from your information, except provided below.

6. You grant us a limited, free, irrevocable, non-exclusive and worldwide license to store, process, back-up and otherwise deal with your content solely for the purpose of providing to you the Services. We may grant a similar sub-license to the subcontractors, suppliers and service providers that we use to provide the Services.

7. Except as contemplated above and in our Privacy Policy, we do not disclose your information. Our Privacy Policy generally sets out the way we collect and use your content.

8. In using the Services, you are solely responsible for your conduct, the content of and dealing with your content and your communications with others. You warrant that you have all the right and power required to deal with your content.

9. We do not monitor your content or any other information that are subject to the Services. We are not responsible for the accuracy, completeness, appropriateness or legality of your content or any other content, results and information you may access with or receive from the Services.

10. In using the Services, you may require or deal with other third party licenses, including software licenses. You may acquire and own these third party licenses, or use these licenses under a sub-license that we grant to you in connection with the Services. You agree to comply with the terms of all these third party licenses.

Sharing

11. The Services may allow you to share your content with others. There are many things that others may do with your information; for example, they may copy, modify or again share your content with others. We are not responsible or liable for any of these activities.

Your Responsibilities

12. Files and other content in the Services may be subject to the intellectual property rights of others. You agree not to copy, upload, download, share or otherwise deal with content or information unless you have the necessary right or license. You alone are responsible and liable for content and information that you copy, share, upload, download or otherwise deal with.

13. You shall not by any act or omission cause spyware, virus or other malicious software to infect the Services.

14. You alone are responsible and liable for maintaining and protecting your Content. We are not responsible or liable for any expenses, losses or damages which you may suffer or incur arising out of or in connection with the loss or corruption of your content, including costs or expenses for backing up or restoring your content.

15. You shall from time to time update your contact information or other information related to your account.

Account Security

16. You shall keep secret the password that you use to access the Services and not disclose your password. You are responsible and liable for all activities related to your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. You agree and acknowledge that a secure encrypted connection to communicate with the Services can help protect your content.

Software and Updates

17. Some Service may require you to download a client software package (Software). We grant you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you breach any of these Terms. We reserve all rights not expressly granted in these Terms. You shall not directly or indirectly reverse engineer or decompile the Software, attempt to or assist others to do so. Our Services may update the Software on your device automatically when a new version is available.

Our Property and Feedback

18. These Terms do not grant you any right, title or interest in the Services, Software or any of their content. We may use any of your feedback, comments or suggestions you without any obligation or liability to you. Copyright, trademark and other applicable laws protect the Software and other technology we use to provide the Services. These Terms do not grant you any rights to use any of our trademarks, logos, domain names, or other brand features.

Service Fees and Taxes

19. In consideration of the Services, but excluding the FREE Email Deliverability Testing Package, you agree to pay the prevailing Service fees. Service fees are subject to change from time to time, without notice.

20. Service fees stated are exclusive of all taxes, including GST, VAT, sales tax, service tax or withholding taxes. You are liable to pay these taxes. If you are required to withhold and deduct, from any payments to us, withholding or other taxes, you shall pay us an additional sum, so that the amount we receive is the full invoiced amount as if no deduction or withholding is made. If you pay by credit card, you agree to the applicable terms of the credit card payment processor. Presently, our credit card payment processor is Worldpay UK Limited and any credit card transactions processed involve abiding by its terms & conditions.

21. If you pay by credit card or other payment process that automates fixed regular payments, the Services will be auto-renewed until you turn off auto-renewal.

22. If you fail to pay or when your account expires, we will immediately stop providing you the Services but you may continue to login and view your historical data for a 30-day period. After the 30-day period, you may continue to log in for an additional 30 days, but will not be able to view or otherwise deal with any historical or other data. You may resume full Services by paying the required Service Fees within this 60-day period. If you do not do so, we will de-activate your account and terminate all Services and all data and information in your account.

Fair Use

23. If you use the Services in relation to more than 200 emails per sending address per month, in order to ensure fair use or to prevent abuse, we may reasonably limit your use of the Services or negotiate with you a customised package and pricing for the Services. In addition, there is a daily-usage policy for Live ISP Inbox Placement Testing feature of 10 Live ISP tests per sending address per day.

Acceptable Use Policy and Compliance with Laws

24. You shall not directly or indirectly abuse the Services or deal with the Services otherwise than for their intended ordinary uses. You shall comply with our Acceptable Use Policy.

25. You shall use the Services only in the furtherance and for the purposes of activities that are legal in the applicable jurisdiction. You shall in using the Services comply with all applicable laws. The laws referred to in this clause include and are not limited to laws relating to junk mail, spam and electronic communications and transactions.

Enterprise Evaluation Provisions

26. You acknowledge that the SendForensics Enterprise SLA is not applicable during the Evaluation and you therefore acknowledge that Deliverability-Testing should not be made available to your users as a commercial feature of your platform during the Evaluation.

27. You understand there is no obligation to continue with the service upon expiration of the Evaluation.

28. You will not share the information contained within the system nor the API documentation with anyone outside of your company.

29. You acknowledge that there is a fair-use policy of no more than 200 analyses per sending domain during the Evaluation.

Copyright

30. Our designated agent for notice of alleged copyright infringement is as registered from time to time with the Intellectual Property Office of Singapore.

Other Content

31. The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for their availability, accuracy, content, products or services. You are solely responsible for your use of any of these websites or resources. We may provide you with software under an open source license. The open source license applies and controls if there is conflict or dispute between the open source license and these Terms. The open source license and these terms shall otherwise apply cumulatively, to full force and effect.

Use of Customer's Name and Company Name

32. SendForensics reserves the right to use your name and/or company name as a reference for marketing or promotional purposes. To decline SendForensics this right you need to email privacy@sendforensics.com stating that you do not wish to be used as a reference.

Termination

33. We may suspend or terminate the Services at any time, with or without cause and with or without notice. If we do so without cause, we will refund to you any advance Service Fees that you have paid and which relate to Services that have not been consumed.

34. Available AS-IS

These provisions apply to the greatest extent permitted under applicable laws. The Services and Software are provided as-is, at your own risk, without express or implied warranty or condition of any kind. We disclaim any warranties of merchantability, fitness for a particular purpose, accuracies or non-infringement. We are not responsible or liable for any harm to your computer system, loss or corruption of data or other harm that results from your access to or use of the Services or Software.

Without limiting the generality of the previous paragraph, the Services are provided using and based upon our own analysis and algorithms, and open-source data and publicly available information. We do not provide any warranties whatsoever in relation to these analyses, algorithms, open-source data and publicly available information

Exclusions and Limitations of Liability

35. These provisions apply to the greatest extent permitted under applicable laws. They are not limited to the circumstances that are within the parties' contemplation as at the start of the Services. We shall not under any circumstances, whether in contract, tort, equity, statute or any other cause, be liable for any indirect damages, special damages, incidental damages, punitive damages, exemplary damages, consequential damages, expectation losses, loss of use, loss of data, loss of business, loss of profits or any other similar damages, whether or not we have notice of the possibility of these damages and whether or not these damages are within the parties' contemplation. Our liability arising out of or in connection with these Terms, whether in contract, tort, equity, statute or any other cause, is limited to the Service fees that we have received from you for the six months prior to your claim, for the Services that are the subject of your claim.

36. You indemnify and hold us harmless from and against all claims, damages, expenses or losses that we may incur or suffer arising out of or in connection with your breach of these Terms.

Modifications

37. We may revise these Terms from time to time. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

Governing Law and Arbitration

38. These Terms are governed by Singapore law. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
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SendForensics Privacy Policy

Last updated 2015.05.25

1. SendForensics Pte Ltd (registration no.: 201321279D) distinguishes between personal and non-personal information. Personal information is information that relates to a natural person from which that person's identity may be directly or indirectly determined; it includes names, addresses and telephone numbers. Non-personal information is information that is not personal information.

2. SendForensics does not generally use or otherwise deal with personal information. In exceptional cases where SendForensics uses or deals with personal information, SendForensics only uses or deals with personal information which is provided voluntarily and obtained in compliance with all applicable laws. In order for SendForensics to use personal information, the natural person must voluntarily submit it. If you would like to remove or update your personal information in our databases, please email privacy@sendforensics.com.

3. SendForensics may use the personal information you provide to operate the Service and tailor it to your needs, for billing, identification and authentication, to contact and communicate with you about the Service and your use of the Service, send you marketing materials (subject to your opt-out option), for research purposes, and to generally improve the content and functionality of the Service.

4. SendForensics retains personal information collected (in accordance with the previous clause) only as long as necessary to fulfil a legitimate business need, or as required by law.

5. Non-personal information is used by SendForensics solely to provide services to you and to improve its services.

6. Cookies are data stored on a user’s hard drive that contain information such as banners seen or sites visited. SendForensics may use cookies for:

(a) keeping track of items in the shopping cart. No other data will be collected or tracked by this cookie, which acts purely as a storage facility for the shopping cart;

(b) keeping track of session variables. This cookie expires at the end of the session. No other data will be collected or tracked by the cookie, which is purely for the management of the variables required for the user to view the site once logged in; and

(c) other purposes solely for the provision of SendForensics services.

7. SendForensics does not use cookies to obtain personal information.

8. If you have any concerns or comments about our policy, please email privacy@sendforensics.com.
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SendForensics Acceptable Use Policy

Last updated 2013.10.07

1. You shall not directly or indirectly abuse the Services or deal with the Services otherwise than for their intended ordinary uses. In using the Services, you shall comply with all applicable laws. You shall not use the Services for any illegal or inappropriate purposes.

2. Without limiting the generality of the previous paragraph, you shall not carry out any of the following:

(a) probe, scan, or test the vulnerability of any system or network;
(b) breach or otherwise circumvent any security or authentication measures;
(c) access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, our (or our service providers') computer systems;
(d) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
(e) plant malware or otherwise use the Services to distribute malware;
(f) access or search the Services by any means other than our publicly supported interfaces (for example, by scraping);
(g) to the extent prohibited under applicable laws, send unsolicited communications, promotions or advertisements, or spam;
(h) send altered, deceptive or false source-identifying information, including spoofing or phishing;
(i) publish anything that is fraudulent, misleading or infringes another's rights;
(j) promote or advertise products or services other than your own without appropriate authorization;
(k) impersonate or misrepresent your affiliation with any person or entity;
(l) abuse referrals to get more credit for referrals than deserved;
(m) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; and
(n) violate the law in any way, violate the privacy of others or defame others
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