SentMailTracker
By Smart GeoSystems
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Terms of Service

Please read these terms carefully before using SentMailTracker services.

Last updated: November 1, 2024 Version 2.1

Table of Contents

  • 1. Acceptance of Terms
  • 2. Service Description
  • 3. User Accounts
  • 4. Acceptable Use
  • 5. Privacy & Data
  • 6. Intellectual Property
  • 7. Payments & Billing
  • 8. Termination
  • 9. Disclaimers
  • 10. Limitation of Liability
  • 11. Indemnification
  • 12. Changes to Terms
  • 13. Governing Law
  • 14. Contact Information

1. Acceptance of Terms

By accessing or using SentMailTracker ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and SentMailTracker ("we," "us," or "our"). Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

We may modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Service Description

2.1 Core Features

SentMailTracker provides email tracking services including:

  • Email open tracking and notifications
  • Link click tracking and analytics
  • Email engagement reporting
  • Follow-up reminders and alerts
  • Dashboard analytics and insights

2.2 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

2.3 Service Changes

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of significant changes when possible.

3. User Accounts

3.1 Account Creation

To use certain features, you must create an account and provide accurate information. You are responsible for:

  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Keeping your account information current and accurate

3.2 Account Eligibility

You must be at least 16 years old to create an account. By creating an account, you represent that you meet this age requirement and have the legal capacity to enter into this agreement.

3.3 Account Suspension

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service for legitimate business and personal communication purposes, including:

  • Professional email tracking and analytics
  • Sales and marketing communication optimization
  • Customer service and support tracking
  • Personal email management and organization

4.2 Prohibited Uses

You may not use the Service to:

  • Send spam, unsolicited emails, or bulk commercial messages
  • Harass, threaten, or intimidate individuals
  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Distribute malware, viruses, or harmful content
  • Attempt to gain unauthorized access to systems
  • Interfere with or disrupt the Service
  • Collect personal information without consent
  • Use the Service for any illegal or unethical purposes

4.3 Compliance

You are responsible for ensuring your use complies with applicable laws, including but not limited to data protection regulations (GDPR, CCPA), anti-spam laws (CAN-SPAM Act), and privacy laws.

5. Privacy and Data Protection

5.1 Data Collection

Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

5.2 Recipient Privacy

You acknowledge that email tracking may collect information about email recipients. You are responsible for:

  • Complying with applicable privacy laws
  • Obtaining necessary consents when required
  • Informing recipients about tracking when appropriate
  • Respecting recipient privacy preferences

5.3 Data Security

While we implement security measures to protect your data, you acknowledge that no system is completely secure. You use the Service at your own risk regarding data security.

6. Intellectual Property Rights

6.1 Our Rights

The Service, including all content, features, and functionality, is owned by SentMailTracker and protected by copyright, trademark, and other intellectual property laws.

6.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose, subject to these Terms.

6.3 User Content

You retain ownership of your email content and data. By using the Service, you grant us a limited license to process your data as necessary to provide the Service.

6.4 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without compensation or attribution.

7. Payments and Billing

7.1 Subscription Plans

Certain features require a paid subscription. Current pricing is available on our website and may change with notice.

7.2 Payment Terms

  • Subscriptions are billed in advance on a recurring basis
  • Payment is due immediately upon subscription or renewal
  • All fees are non-refundable unless otherwise stated
  • We use third-party payment processors for secure transactions

7.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.

7.4 Price Changes

We may change subscription prices with 30 days' notice. Price changes will not affect your current billing period.

8. Termination

8.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or contacting us directly.

8.2 Termination by Us

We may terminate or suspend your access immediately for:

  • Violation of these Terms
  • Suspected fraudulent or illegal activity
  • Non-payment of fees
  • Abuse of the Service or other users
  • Any other reason at our sole discretion

8.3 Effect of Termination

Upon termination, your access to the Service will cease, and your account data may be deleted in accordance with our data retention policies.

9. Disclaimers and Warranties

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

9.2 No Warranties

We disclaim all warranties including:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding accuracy, reliability, or completeness
  • Warranties of uninterrupted or error-free operation

9.3 Third-Party Services

The Service may integrate with third-party platforms (like Gmail). We are not responsible for the availability, functionality, or security of third-party services.

10. Limitation of Liability

10.1 Limitation 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, DATA, OR BUSINESS OPPORTUNITIES.

10.2 Maximum Liability

Our total liability for any claims related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

10.3 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, government actions, or third-party service disruptions.

11. Indemnification

You agree to indemnify, defend, and hold harmless SentMailTracker and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your infringement of any third-party rights
  • Any content you submit or transmit through the Service

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will post the updated Terms on our website
  • We will update the "Last Updated" date
  • For material changes, we may provide additional notice
  • Your continued use constitutes acceptance of the changes

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of California, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or collective proceedings.

14. Contact Information

If you have questions about these Terms, please contact us:

Email: [email protected]
Support: [email protected]
Mailing Address:
SentMailTracker
Legal Department
123 Tech Street
San Francisco, CA 94105
United States
SentMailTracker

The ultimate email tracking solution for Gmail. Track opens, clicks, and engagement with powerful analytics and real-time notifications.

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