Terms of Service
Welcome to MailMunch (the "Site")! The following terms and conditions (the "Terms of Service" or “Agreement”) form a binding agreement between you and us. The terms "MailMunch", "us", "we" or "our" refers to SixMix LLC who, in conjunction with its affiliated companies, offers the Services (as defined below). The term "you" or "your" refers to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.
We provide a suite of email collection and email marketing solutions through our Site at http://www.mailmunch.com and any other related websites, toolbars, widgets, applications or other distribution channels we may, from time to time, operate (collectively, the "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent.
Acceptance of the Terms
By using the Services, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 13 years of age and older; and (e) your use of the Services does not violate any applicable law or regulation. Use of the Services is void where prohibited.
You can create an account with us by registering on the Site or by adding our widget or application through other websites. For your convenience, a free account is created for you when you submit your email address on the Site to obtain a Optin Form for your website. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
Subscription to Beta Services
We may offer certain Services as closed or open beta services (“Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. You will be under no obligation to acquire a subscription to use any Paid Services (defined below) as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you
Fees and Subscription Plans
Our basic Optin Form is offered to you free of charge. Additional Services are available on monthly and yearly subscription plans (“Paid Services”). When you subscribe for Paid Services, the seller of these services and the party you are contracting with is SixMix LLC. Your subscription is billed in advance and will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. Subscriptions are non-refundable after the first 60-Days. The subscription fee will be charged to the Payment Method (defined below) last used by you. If you would like the payment for the renewal to be made through a different Payment Method or if you do not wish to renew the subscription, you agree to inform us at least seven (7) days prior to the renewal date. We reserve the right to change the subscription fee and to charge for use of Services that are currently available free of charge. Any changes to fees for Paid Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Site. The changes shall only apply prospectively to the Paid Services you've purchased. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at: http://www.mailmunch.com/pricing. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize MailMunch to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with MailMunch. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) MailMunch may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) MailMunch reserves the right to either suspend or terminate your Paid Services or your account with MailMunch, including deletion of your account. You agree to submit any disputes regarding any charge to your account in writing to MailMunch within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
You own all your email addresses, contacts and content, including text, files, images, photos, videos, or the like you store on our Services (collectively, “Content”) you or your Visitors provide by using our Services. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Content to the extent needed to provide our Services to you. The license you grant to MailMunch is non-exclusive (meaning you are free to license your Content to anyone else in addition to MailMunch), fully-paid and royalty-free (meaning that MailMunch is not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that MailMunch is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Services from your visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through our Services.
User Data Rights
You hereby agree not to use, display or share User Data in a manner inconsistent with our Terms of Service and Guidelines, You own the Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant MailMunch the license to use the Content created or stored by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide you (collectively, “User Data”) in a manner inconsistent with our Terms of Service, Guidelines and all applicable laws and regulations. MailMunch is not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. MailMunch makes no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that MailMunch may terminate the account of any User in accordance with this Agreement.
You agree not to use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
Inactive User Accounts Policy
We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such User account may be deleted. We will provide you prior notice of such termination by email. In the future, we may limit the number of free Optin Forms a User can create and may impose different usage restrictions than currently offered.
By providing MailMunch your email address and phone number as a Member, you consent to our using the email address or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or phone number to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or MailMunch offers. If you do not want to receive certain email messages and communications, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. MailMunch reserves the right to send you notices about your account even if you opt out of all voluntary email and phone notifications.
Third Party Links and Interactions
You release MailMunch, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. Additionally, MailMunch, Users or third parties may provide hyperlinks on the Site or Services, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. MailMunch expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Site or Services.
In the course of using any of the Services, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable Content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that MailMunch will have the right to block access to or remove such Content made available by you, if MailMunch receives complaints concerning any illegality or infringement of third party rights in such Content. By using any of the Services and transmitting or publishing any Content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content by the agent designated by MailMunch for this purpose.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content; your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by submitting this Automated DMCA form.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that MailMunch retains ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in this Agreement.
MailMunch trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Services are the trademarks, service marks or trade dress of MailMunch and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MailMunch.
Disclaimer of Warranties
MailMunch does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
Limitation of Liability
You expressly understand and agree that SixMix LLC, its subsidiaries, and affiliates, and their respective officers, directors, agents, co-branders or other partners, and employees (“SixMix”) 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 (even if SixMix has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services. Your sole and exclusive remedy for any dispute with SixMix related to any of the Services shall be termination of such Service. In no event shall SixMix’s entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service in the previous twelve (12) months.
You agree to indemnify, defend, and hold harmless SixMix and its third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:
- any Content you submit, post, transmit, or make available through the Site or Services;
- your use or misuse of the Services;
- your connection to the Services;
- your breach or alleged breach of this Agreement; or
- your violation of any rights (including intellectual property rights) of a third party.
Changes to Services
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.mailmunch.com or elsewhere on the Site. The revised version will be effective at the time we post it. Your continued use of the Services after posting of the changes constitutes your binding acceptance of such changes.
Term and Termination
You may terminate your account and end your use of the Services at any time and for any or no reason. MailMunch has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services, (ii) remove and discard any Content within any account or anywhere on the Site or (iii) shut down an account, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Services immediately cease to exist. MailMunch’s rights survive the termination of this Agreement. Law and Arbitration
This Agreement shall be governed by the laws of the State of Maryland without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Maryland and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
Data Processing Agreement
The terms of the Data Processing Agreement shall apply to: (i) the processing (as defined in the GDPR) of personal data (as defined in the GDPR) that is regulated by the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) by MailMunch solely on behalf of Customer, if any; and (ii) from and after the CCPA Effective Date (as defined in the DPA), the processing (as defined in the CCPA) of personal information (as defined in the CCPA) that is regulated by the California Consumer Privacy Act of 2018 (the “CCPA”) by MailMunch solely on behalf of Customer, if any.
60-Day Money Back Guarantee
At MailMunch, we are so confident in our service that we offer a 60-day, money back guarantee. No questions asked! If you are not fully satisfied with our MailMunch service, simply request a refund within the first 60 days of purchasing your new subscription. We'll refund you 100% of your subscription fees. No kidding.
This guarantee applies to new MailMunch subscriptions only and not for existing subscriptions that have been purchased more than 30 days ago. Refunds will be promptly issued within 24-72 hours after we receive your request.
To request a refund under this guarantee, you must contact us within the first 60 calendar days of your MailMunch purchase. Just send an email to firstname.lastname@example.org. Or, you can click on the "Support" option in the top right-and corner of your main MailMunch screen and submit a new support ticket within the category "Billing - Request Refund". We'll gladly refund you 100% of your subscription fees within 24-72 hours of your refund request. The ability to delete an account is not available at this time, but will be added in a future release.
Refund Policy After 60 Days
To cancel your account after 60-days of your purchase of a new MailMunch subscription, please send an email to email@example.com. Or, you can click on the "Support" option in the top right-and corner of your main MailMunch screen and submit a new support ticket within the category "Billing - Request Refund". Within 24-72 hours of your request, you will receive a pro-rated refund for the remainder of your subscription period (MailMunch Pro Annual Subscriptions only; refunds will not be pro-rated for monthly accounts).
The failure of MailMunch to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. MailMunch may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement constitutes the entire agreement between you and MailMunch and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and MailMunch regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Questions about this Terms of Service shall be submitted here.