Terms and conditions
Last modified: November 15, 2023
Our services
Welcome to CogniMail’s services (“Service” or “Services”). These Terms of Service (“Terms”) govern your access to and use of CogniMail and its related domains (collectively, the “Website”), as well as your use of CogniMail’s proprietary email outreach software applications (including all related documentation, updates, and upgrades) and any other services provided by us.
By using the Services, you agree to these Terms, our Privacy Policy, and any other policies applicable to your use of our Services. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting, and your continued use of the Services after changes have been posted will signify your agreement to the revised Terms.
Legal Eligibility and Agreement
You may use our Services only if you are legally capable of forming a binding contract with CogniMail. If you are using the Services on behalf of a business or entity, you represent that you have the authority to bind that business or entity to these Terms and that the business accepts these Terms.
Usage and Restrictions
Your use of the Services is subject to these Terms and must comply with our Usage Policy. You may not use our Services if you are a direct competitor, except with our prior written consent, nor may you use our Services for benchmarking or competitive analysis purposes.
Your Data
“Your Data” refers to any data, files, or content that you upload, store, or transmit through the Services, including data imported from third-party services. You retain ownership of Your Data, and we do not claim any ownership rights to it. You grant us the rights necessary to provide the Services to you, which includes the use of third-party service providers as needed.
You are responsible for maintaining the security of your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
Service Modifications and Termination
CogniMail may modify, suspend, or discontinue the Services at any time without notice. We may also remove any content or data from the Services at our discretion.
Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis. CogniMail expressly disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. You use the Services at your own risk
Limitation of Liability
To the fullest extent permitted by law, CogniMail will not be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or in connection with your use of the Services.
General Provisions
hese Terms constitute the entire agreement between you and CogniMail regarding the use of the Services. They supersede all prior agreements or communications. The laws of Republic of Panama, excluding its conflicts of law rules, will govern these Terms and your use of the Services.
Requirements for All CogniMail Campaigns
- Compliance with Terms: You must adhere to the terms outlined in our Terms of Service and Privacy Policy.
- Inclusion of Opt-Out Mechanisms: It is mandatory to include a clear and accessible opt-out mechanism in your email templates to allow recipients to unsubscribe from future communications.
- Accurate Sender Information: All communications sent through CogniMail must include your valid physical or registered postal address to ensure transparency and compliance with global marketing laws.
- Content Accuracy: Ensure that the subject lines and content of your emails accurately reflect the message you are sending and are not misleading.
- Adherence to CAN-SPAM and Other Laws: Your emails must comply with the CAN-SPAM Act and other relevant anti-spam laws applicable in the countries of your recipients.
Copyright Infringement and DMCA Policy
- Respecting Intellectual Property: If you believe that material on CogniMail infringes upon your copyrights, please notify us in accordance with our DMCA Policy.
- Procedure for Claims: Provide all necessary documentation and proof of ownership to support your claim. Upon receipt of a valid infringement notification, CogniMail will promptly remove or disable access to the allegedly infringing content.
- Counter-Notice: If you believe that your content was removed in error, you may submit a counter-notice. We will provide you with the necessary forms and information to dispute the claim.
Canceling Your Account
- Subscription Terms: CogniMail subscriptions are billed in advance and are non-refundable. Subscriptions automatically renew unless a cancellation is requested before the renewal date.
- Account Cancellation: You may cancel your account at any time; however, you are responsible for any charges already incurred. We do not provide refunds or credits for partial billing periods.
- Data Retention Post-Cancellation: Upon account cancellation, you must export your data before the final billing cycle as we will not maintain copies of your data post-cancellation.
Contact information
If you have any questions or concerns about these Terms and Conditions, please contact us.
By using our Services, you agree to abide by these Terms and Conditions, as well as our Privacy Policy, which is incorporated herein by reference.