Terms and Conditions
updated on June 8, 2018
updated on June 8, 2018
Please read these Terms carefully. By using NipaMail or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. This NipaMail License Agreement (the “Agreement”) is made and entered into by and between NipaMail and the entity agreeing to these terms (“Customer”). “NipaMail” means either (i) NIPA Technology Co.,Ltd., is located at 72 CAT Tower, Floor 4, Room 401-402, Bangrak, Bangkok, Thailand 10500.
In order to use NipaMail, you must:
By using NipaMail, you represent and warrant that you meet all the requirements listed above and that you won’t use NipaMail in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) NipaMail may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for NipaMail and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for NipaMail on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or NipaMail may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. In general, hard bounce rates should be under 10%, and spam complaint rates should be less than 1%. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We will not refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
You will respect our proprietary rights in the Website and the software used to provide NipaMail (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. For example, we study data internally to make our Email Genome Project smarter and create better experiences for senders and subscribers.
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
You may buy Credits (SMS or Email) to use our Services instead of signing up for a monthly plan. This is explained on the pricing page of our Website. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Email Credits for Pay as You Go accounts roll over and don’t expire, but if your account is inactive for more than 12 months (365 days), it may be deleted.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
Some features are offered as add-ons to your NipaMail account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons, like SMS credits or Email Credits or API, are intended for particular use cases and may have additional terms or restrictions (“Additional Terms.”) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
RULES AND ABUSE
NipaMail does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an email campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a NipaMail user, please report it to our abuse team. (The best way to tell whether an email was sent through NipaMail is that every NipaMail campaign has an embedded Campaign Tracking ID in the header that makes it easy to report suspected spam.) If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.
You may only use our bandwidth for your NipaMail’s emails. We provide image and data hosting only for your email campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.