01Introduction
These Terms of Service (“Terms”) in conjunction with our Privacy Policy and Data Processing Addendum (“DPA”), are the entire agreement (“Agreement”) between PristineSend (“Company”, “We”, “Our”, “Us”) and you (“You” or the “User”). These Terms govern your use of our web pages and services located at pristinesend.com. By purchasing access to the service, signing up, or clicking a box indicating acceptance, you agree to be bound by the Agreement. If you do not agree with or cannot comply with this Agreement, you may not use the Service.
02Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at support@pristinesend.com.
03Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number, billing address, and location information. You represent and warrant that:
- You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase
- The information you supply to us is true, correct and complete
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price, error in your order, or if fraud or an unauthorized or illegal transaction is suspected.
04Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or PristineSend cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card, is required to process the payment for your subscription. By submitting such payment information, you automatically authorize PristineSend to charge all Subscription fees incurred through your account to any such payment instruments.
05Fee Changes
PristineSend, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. PristineSend will provide you with reasonable prior notice of any change in Subscription fees. Your continued use of the Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
06Refunds
Except when required by law, paid Subscription fees are non-refundable.
07Content
Our Service allows you to send messages through our API, which may include text, graphics, images, videos, or other material (“Message Content”). You are responsible for all Message Content that you send through the Service, including its legality, reliability, and appropriateness.
By using the Service to send messages, you represent and warrant that:
- You have the right to use any Message Content and Your Data that you send through the Service
- Your use of the Service and the Message Content you send does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity
- You have obtained all necessary consents and permissions from recipients to send them messages in accordance with applicable laws including CAN-SPAM, GDPR, and other anti-spam laws
We reserve the right to terminate the account of anyone found to be infringing on copyrights or violating applicable laws. PristineSend has the right but not the obligation to monitor Message Content sent through the Service to ensure compliance with these Terms and applicable laws.
08Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with our Acceptable Use Policy. Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack
09No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms.
10Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
11Intellectual Property
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PristineSend and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PristineSend.
12Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights of any person or entity.
DMCA Notice and Procedure
You may submit a DMCA notification 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’s interest
- A description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists
- Identification of the URL or other specific location on Service where the material that you claim is infringing is located
- Your address, telephone number, and email address
- A 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
You can contact our Copyright Agent via email at legal@pristinesend.com.
13Disclaimer of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
15Termination
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Service. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Wyoming without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
17Logo Permission
By entering into this agreement, the Customer hereby grants the Company the non-exclusive, royalty-free right to use the Customer’s logo for the sole purpose of promoting and referencing the Customer as a client of the Company. Company may use the Customer’s logo on its website, marketing materials, case studies, and other promotional content. This logo usage right is non-transferable and shall remain in effect for the duration of the agreement, unless terminated by either party in writing.
19Amendments to Terms
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
