SmartMails Terms of Services

Thanks for Using SmartMails

Read these Standard Terms of Use (“Terms”) carefully. By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and SmartMails (collectively, “SmartMails,” “we,” or “us”).

We’ll start with the basics, including a few definitions that should help you understand these Terms. SmartMails is an email marketing platform that allows you to manage your contacts, create, send, and manage various marketing campaigns, such as emails, advertisements, and mailings (each referred to as a “Campaign,” and collectively as “Campaigns”). You can also create and manage online stores, web pages, and websites to connect with your audience and sell your products or services (each referred to as a “Site,” and collectively as “Sites”), among other features. They include insights, analytics, and other features available through our products and services, collectively referred to as the “Service.” SmartMails has employees, officers, directors, independent contractors, and representatives (referred to as “our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are considered a “Member” according to this Agreement (or “you”). A “Contact” is any person that you, as a Member, may contact through our Service. In other words, a Contact is anyone on a Member’s distribution list whom you have provided us information about or anyone who has interacted with you through the Service. For example, if you are a Member, a subscriber to your email marketing campaigns, or a shopper on your Website or Landing Page would be considered a Contact.

The Agreement, which includes our Acceptable Use Policy, API Use Policy, Copyright, and Trademark Policy, Data Processing Addendum, and Brand Guidelines, sets forth the terms and conditions governing your use of the Service. By using the Service, you agree to comply with the Agreement. Additionally, our Global Privacy Statement and Cookie Statement outline how we handle your account and the data we collect and process about you, your end users, and your contacts and customers while you are a Member.

If you do not agree to these Terms, you must cease using the Service immediately.

Certain features of the Service are subject to additional terms and restrictions, which can be found on our SmartMails Site at smartmails.io (“Additional Terms”). These Additional Terms apply to specific features of the Service, including any Add-ons that are offered as enhancements to your SmartMails account. Unless explicitly stated otherwise, these Terms also apply to the use of Add-ons. When a Member chooses to add an Add-on or utilize a corresponding feature, they agree to abide by the applicable Additional Terms. It’s important to note that a Member’s account may have access to unique features of the Service based on their historical usage or status.

1. Account Registration

1A. Eligibility

To utilize the services provided by SmartMails, it is a requirement that you meet certain eligibility criteria. Firstly, you must be at least 18 years of age, ensuring that you possess the legal capacity to enter into and abide by the terms and conditions outlined in this agreement.

1B. Account Information

Upon registering for an account with SmartMails, you acknowledge and agree to furnish accurate, current, and complete information. It is your sole responsibility to ensure that the details provided are up to date and reflect your true identity. You also bear the responsibility of maintaining the confidentiality of your account credentials, such as your username and password. Any activities conducted through your account will be deemed as your actions, and you will be held accountable for them.

1C. User Responsibility

As a user of SmartMails, you accept full responsibility for all content transmitted through your account, including emails, and acknowledge that you are solely liable for any consequences arising from such content. You must comply with all applicable laws and regulations when utilizing the services provided by SmartMails. This includes but is not limited to laws pertaining to data protection, privacy, intellectual property, and the prohibition of unlawful activities. By using SmartMails, you commit to conducting yourself lawfully and ethically, ensuring that your actions do not infringe upon the rights of others or cause harm in any way.

2. Terms of Use and Guidelines

By using our services, you are obligated to adhere to the following rules and guidelines:

2A. Prohibition of Spam

You are strictly prohibited from sending unsolicited emails, commonly known as “Spam.” We maintain a strict Anti-Spam Policy, which you are required to read and comply with. This policy provides detailed information on what constitutes spam and the consequences of violating this prohibition.

2B. Permission-Based Lists

Any email list you utilize must consist of subscribers who have willingly granted permission to receive communication from you. permission-based subscriptions ensure that recipients have actively opted in to receive your emails, fostering a respectful and compliant approach to email marketing.

2C. Compliance with Laws and Regulations

Your use of our services must comply with all applicable laws and regulations governing email communication, data protection, privacy, and any other relevant legislation. It is your responsibility to familiarize yourself with these legal requirements and ensure that your actions align with them.

2D. Representing Your Company

If you are accessing or utilizing our services on behalf of your company, you affirm that you have the necessary authority to accept these Terms on behalf of your company. References to “you” or “Customer” within these Terms will apply to your company.

2E. Prohibition of Offensive and Abusive Communication

You are strictly prohibited from engaging in offensive, abusive, or harassing communication through our services. Such behavior is not only unacceptable but also undermines the positive experience of other users. We maintain a commitment to fostering a respectful and safe environment for all.

2F. Consequences of Violation

Please comply with these rules and guidelines to avoid the suspension or termination of your account. We reserve all the rights to enforce these measures to maintain the integrity of our services and protect the interest of our users.

It is essential to familiarize yourself with and adhere to these rules to ensure a positive and compliant experience while using our services.

3. Payment and Billing

3A. Pricing Structure

The pricing details for SmartMails plans can be found on our website. Please note that these prices are subject to change at our discretion. We strive to provide transparent and competitive pricing options that cater to your specific needs. By selecting a plan, you agree to pay all applicable fees associated with your chosen subscription.

3B. Payment Processing

To facilitate seamless and secure payment transactions, SmartMails utilizes the services of trusted third-party payment processors. When making a payment, you are required to provide accurate billing information. By doing so, you authorize SmartMails or its designated payment processors to charge the payment method you have specified.

3C. Refund Policy

At SmartMails, we stand behind the quality of our services and offer a money-back guarantee to eligible users. If, within 30 days of your initial payment, you find yourself unsatisfied with our services and have sent fewer than 1000 emails, you may request a refund. We strive to ensure your satisfaction and are committed to addressing any concern you may have.

To initiate the refund process, contact our support team for your refund request. We will evaluate your request promptly and process your refund if it meets the specific criteria. Also note that any additional changes, such as taxes or transaction fees, incurred during the refund process may be debited from the refunded amount.

You are directed to familiarize yourself with our pricing, payment, and refund policies to ensure a clear understanding of the financial aspects of using SmartMails.

We do not offer refunds in the following situations:

3D. Account Suspension

If your account is suspended due to a violation of our Anti-Spam Policy or any of these Terms, no refunds will be provided.

3E. Unauthorized Newsletters

If you send newsletters without obtaining proper permission from your subscribers or if you violate the prohibited content guidelines, refunds will not be granted.

3F. Used or Partially Used Plans

We do not refund any unused or partially used monthly or yearly plans. This includes instances where you forget to cancel your plan, cancel immediately after your credit card is charged for the new billing period, or purchase the wrong plan.

3G. Changes in Functionality

Refunds will not be applied if you decide to cancel your subscription after the purchase due to changes in functionality.

We treat all our customers equally, and no exceptions will be made to this refund policy.

3H. Discretionary Refunds

In certain cases, we may offer refunds at our sole discretion, based on the requirements specified on our website. Please note that these requirements may change from time to time. Any eligible refund can only be processed within 30 days from the date of the last transaction.

Package Upgrade and Downgrades
1. Stripe

When upgrading or downgrading your SmartMails package, the changes will take effect upon successful payment processing through our payment provider, Stripe.

3.1.1A. Upgrade Process

We offer two options for upgrading your plan: Change Now and Change at Billing Date. By selecting Change Now, your plan will be instantly upgraded, and your new billing cycle will commence based on the upgraded plan. For instance, if you choose to upgrade your plan five days into your current billing cycle, the upgrade will take effect immediately, and your subsequent payments will be started accordingly.

Conversely, if you select Change at Billing Date, your current month will be completed under the existing plan, and the upgrade will take effect on the subsequent billing date.

3.1.1B. Downgrade Process

In the case of downgrading your package, the payment will be charged on the next billing date. The downgrade will be effective immediately, and the features and limitations of the new package will apply accordingly.

3.1.1C. Downgrading to the Free Package

If you decide to downgrade to the free package, the change will be applied immediately. Your account will be adjusted to reflect the features and limitations of the free package from that moment onwards.

3.1.1D. Monthly to Yearly or Yearly to Monthly Transition

You can upgrade your monthly plan to yearly, however, if you are using the yearly plan, you will not be able to downgrade to the monthly plan directly. Instead, if you wish to switch to a different plan, you can cancel your current plan and shift to the free plan. Please keep in mind that any remaining balance or credits from your previous plan will not be refunded or transferred to the free plan.

Please note that the package upgrades and downgrades are subject to our terms and conditions, and any specific terms related to payment processing and package transitions as stated in our Terms of Service.

PayPal

When upgrading or downgrading your SmartMails package using PayPal as the payment method, the changes will take effect once the payment has been successfully completed through PayPal’s payment platform.

3.1.2A. Upgrade Process

If you choose to upgrade your package, the full payment for the selected plan will be charged at the time of the upgrade. Once the payment is confirmed, the upgraded package will be activated with immediate effect.

3.1.2B. Downgrade Process

When initiating a downgrade, the payment for the new package will be charged on the next billing date. However, the downgrade itself will be applied immediately, reflecting the features and limitations of the newly selected package.

3.1.2C. Downgrading to the Free Package

If you decide to downgrade to the free package, the change will be implemented immediately. Your account will be adjusted to reflect the features and limitations of the free package from that moment onwards.

3.1.2D. Monthly to Yearly or Yearly to Monthly Transition

4. Termination of Account

4A. Termination by User

As a user of SmartMails, you have the freedom to terminate your account whenever you choose. Should you decide to discontinue using our services, you can initiate the account closure process that is designed to be straightforward and user-friendly, enabling you to close your account seamlessly.

4B. Termination by SmartMails

While we aim to provide a positive and uninterrupted experience for all users, SmartMails reserves the right to suspend or terminate your account under certain circumstances. This includes situations where there is a violation of our Terms of Service. Such violations can range from non-compliance with the rules and guidelines outlined in the agreement to engaging in activities that are harmful, abusive, or illegal.

The decision to suspend or terminate an account is made at the discretion of SmartMails and may occur with or without cause. We understand this action to maintain the integrity of our services, protect the rights and interests of our users, and ensure a safe and compliant environment for all.

If your account is suspended or terminated, you will be notified via the email address associated with your SmartMails account. The communication will include the reason for the action taken, where applicable. In cases where the termination is due to a violation of our Terms, we may provide an opportunity for resolution or clarification, depending on the nature of the violation.

5. Accounts, Passwords, and Security

5A. Accessing the Service

To utilize the features and benefits of SmartMails, you are required to register as a user. Upon creating a SmartMails account, there are two steps you must complete to validate your account: (I) Fill out your profile information, and (II) Request approval for your account.

5B. Subscriber List Review and Deliverability Analysis

SmartMails reserves the right to review your subscribers’ list and past campaign performance to ensure compliance with our Anti-Spam Policy requirements and maintain optimal deliverability results. This evaluation may be conducted before granting full approval for your purchase limit, allowing us to assess the quality of your list and overall compliance.

5C. Security of Your Account

It is your responsibility to maintain the security of your SmartMails account password. You are solely accountable for all activities conducted under your username, and any unauthorized use of your account should be reported immediately.

5D. Disapproval and Account Deletion

SmartMails retains the right, at its sole discretion, to delete disapproved accounts without prior notification. In cases where an account does not meet our approval criteria, we may remove the account and associated data.

5E. Account Access by SmartMails

To provide support, manage settings, and ensure the functionality and features of SmartMails Services, we reserve the right to access your account as necessary. This access may be utilized to perform system tests, optimize performance, and troubleshoot any issues that may arise.

5F. Inactive Account Deletion

If your SmartMails account remains inactive for 3 months or more, we reserve the right to permanently delete your account, along with all associated data, including subscriber lists and content. Before account deletion, you will receive an email notification from SmartMails informing you of our intention.

6. Appropriate Email Practices

6A. Permission-Based Email Lists

SmartMails strictly adheres to the principle of permission-based subscriptions for all email lists utilized within the Service. It is imperative that you only use lists consisting of subscribers who have willingly granted permission to receive communication from you. Under no circumstances is it acceptable or permission to employ lists that have been purchased, rented, or acquired from third parties.

6B. Account Termination

At SmartMails, we are committed to maintaining a high standard of email deliverability and user experience. In line with this commitment, we reserve the right to take appropriate action, including termination of an account, if we find it to violate our Terms of Service. Specifically, if an account receives abuse complaints exceeding the permissible limit, SmartMails may exercise its right to terminate the account without providing a refund.

Ensuring the use of permission-based email lists is fundamental to fostering a positive and compliant email marketing environment. It helps protect the privacy and interest of subscribers and promotes responsible email communication practices.

7. Disclaimer of Warranties

7A. As-Is Basis

SmartMails is provided to you on an “as-is” and “as available” basis. We do not make any warranties or representations, whether express or implied, regarding the availability, reliability, or accuracy of SmartMails or its content. While we strive to provide a seamless and reliable service, we cannot guarantee uninterrupted access or flawless functionality at all times. Your use of SmartMails is subject to the inherent risks associated with online services.

7B. Third-Party Services

SmartMails may integrate or provide links to third-party services or websites. It is important to note that we do not endorse or assume any responsibility for the content, privacy practices, or actions of these third parties. Any interactions or transactions you engage in with third-party services are solely between you and the respective third party. We encourage you to review the terms, conditions, and privacy policies of any third-party services you choose to use in conjunction with SmartMails.

7C. User Responsibility

By using SmartMails, you acknowledge and agree that you assume full responsibility for the risks associated with its use. It is your responsibility to ensure the accuracy, reliability, and legality of the content you send through our platform. You agree not to use SmartMails for any unlawful, harmful, or malicious activities and to comply with all applicable laws and regulations. Furthermore, you bear sole responsibility for any consequences that may arise from the content you send through SmartMails, including but not limited to the accuracy, legality, and compliance with relevant regulations.

We assist you in your email marketing efforts, but the ultimate responsibility for the content and its consequences lies with you, the user. We recommend taking appropriate measures to review and verify the accuracy, reliability, and legal compliance of your content before sending it through SmartMails.

8. Consent and Revocation

8A. Consent to Receive Emails

We prioritize the importance of obtaining consent from recipients before sending them any emails. All email recipients must give their consent in accordance with applicable laws and regulations, such as the General Data Protection Regulations (GDPR) and the Act Against Unfair Competition (UWG) in section 7, paragraph 2, number 3. Additional, conditions outlined in Articles 13, section 2, of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication must also be met. These regulations ensure that recipients have provided their consent or have a valid business relationship with the advertiser.

8B. Separate Consent for Advertisements

Consent to receiving advertisements via email must be obtained separately from other declarations, such as agreeing to terms and conditions. The recipient must actively provide consent, either by clicking or marking a checkbox or through another comparable and unambiguous declaration indicating their willingness to receive advertisements via email.

8C. Active Consent

Recipients must actively and consciously give their consent to receive advertisements via email. The use of pre-clicked or pre-marked boxes is not permitted. It is important that recipients actively indicate their agreement and understanding of receiving email advertisements.

8D. Revocation of Consent

To ensure transparency and recipient control, SmartMails requires that the option to revoke consent be clearly and explicitly indicated at the same time as obtaining consent. Recipients must be informed of how they can revoke their consent and with whom they should communicate their decision. The process for revoking consent must be no more complicated than obtaining the consent itself. SmartMails also requires that revoked consent be implemented within a maximum of five working days from the date of revocation.

9. Transparency and Data Handling

9A. Transparency of Contracting Entity

We ensure that the contracting entity, which refers to the sender of an advertisement, is identifiable. Each email sent through our platform must include an easily noticeable ‘about us’ section, either within the email text or through a direct link. The ‘about us’ section should provide comprehensive information to the extent permitted by applicable law including:

Name and address of the sender, and legal entities, the legal form, authorized representative, and registration details with the appropriate registry.
Contact information, such as a valid telephone number, electronic contact form, and email address.
If applicable, the value-added tax identification number of the business identification number as required by relevant regulations.

Newsletters sent through SmartMails must include an unsubscribe link that allows recipients to withdraw their permission to receive further newsletters. Unsubscribe links must be clear, visible, and easily accessible for all subscribers. Cancellation should be possible without requiring access data such as login credentials. Exceptions may be considered in specific cases as mutually agreed upon by the offering party. Cancellation requests must be promptly processed.

The sender and the commercial nature of the message must not be obscured or concealed in the email header or subject header. Obscuring or concealing occurs when the header and the subject header provide insufficient or misleading information about the actual identity of the sender or the commercial intent of the message prior to its opening and reading.

SmartMails required that email addresses from the active mailing list be removed after three hard bounces. This practice helps maintain list hygiene and ensures that undeliverable addresses are regularly removed from circulation.

The customer is required to provide a contact person (name, phone number, and email address) for complaints. SmartMails aims to respond to complaints within 24 hours on business days, ensuring efficient resolution and customer support.

When utilizing email addresses obtained from third parties, the sender or their customers must ensure that only recipients who have consented to the specified criteria are emailed. This consent should apply not only to mailings sent by a third party but also to the sender of their customer. Prior to initiating any advertising actions, the sender or their customer must verify the consent status of the recipient according to these criteria.

The retrieval of address data for third parties, such as through co-sponsoring, should be transparent to the user. Additionally, address data obtained in such a manner should only be used for email campaigns if:

The companies for which the address data is generated were individually named, transparently disclosed, and categorized by industry.
Users had easy access to the list of companies involved.
The number of companies or individuals for whom the address data was collected is limited, avoiding dissemination to an unreasonably large number of third parties. This allows users to understand and control the extent of their consent and ensures compliant data handling.

9B. Restrictions on Forwarding Address Data

To clarify, companies for which address data is generated may not forward this data to third parties without obtaining specific consent from the user of such sharing.

10. Content Guidelines

10A. Content Restrictions

SmartMails strictly prohibits the sending of certain types of content to ensure a safe and compliant email environment. You are not allowed to send the following categories of content:

Pornography and escort services: Content that includes explicit sexual material or promotes escort or adult entertainment services.
Affiliate marketing, pyramid schemes, and multi-level marketing (MLM): Content related to schemes that involve recruiting others to earn money, pyramid schemes, or MLM programs.
“Get rich quick” schemes: Content that promises quick and unrealistic financial gains or schemes that require upfront payments.
Forex, loan, or quick credit services: Content related to foreign exchange trading, loan offers, or services offering quick credit approvals.
Gambling or betting: Content promoting gambling, online, casinos, sports betting, or lottery services.
Weight loss material: Content advertising weight loss products or programs that make unrealistic claims or promote unhealthy practices.
Mobile unlocking services and IPTV content: Content related to unlocking mobile devices or distributing unauthorized IPTV (Internal Protocol Television) content.
Buying, selling, or sharing followers or likes for social media platforms: Content related to the sale or purchase of email lists, or the promotion of illegal goods or services.

In addition, you are not permitted to send content that:

Encourages discrimination, bullying, or actions that pose a health risk, such as anti-vaccination material.
Contains misleading information about products, services, or other information by intentionally hiding or excluding content, or presenting it in an unclear, unintelligible, or ambiguous manner.

10B. Ownership and Permission

You may only send newsletters using SmartMails if the content has been created by you or if you have the necessary rights and permissions to use it. By using the Service, you represent and warrant that you own or have obtained proper permission to use all the material, content, data, and information, including personal information, that you submit to SmartMails.

10C. Content Review and Account Termination

SmartMails reserves the right, at its sole discretion, to review the content sent through the platform and determine whether it is inappropriate or violates these guidelines. If your content is found to be a violation, SmartMails may choose to cancel your account. We maintain this policy to ensure a high standard of quality, compliance, and user safety.

11. Limitation of Liability

11A. Indirect Damages

SmartMails and its affiliates shall not be held liable for any indirect, incidental, special, consequential, or punitive damages that may arise out of or be connected to the use or inability to use SmartMails, even if you have been advised of the possibility of such damages. This limitation of liability applies to any claims, losses, or damages, whether based on contract, tort (including negligence), strict liability, or any other legal theory.

11B. Total Liability

In the event of any claim arising from or relating to these Terms or the use of SmartMails, SmartMails’ total liability shall not exceed the total amount you have paid to SmartMails within the six (6) months preceding the claim. This limitation of liability applies to all claims, including but not limited to those for breach of contract, negligence, or any other cause of action.

12. Account Disputes Resolution

12A. Internal Dispute Resolution

In the event of disputes involving SmartMails accounts, it is the responsibility of the parties involved to resolve the matter directly with each other. You should not request access to or information about an account that you do not have authorized access to. SmartMails is not responsible for mediating or resolving internal disputes between account holders.

12B. Account Suspension

SmartMails reserves the right to suspend any account associated with a dispute in order to safeguard the security and privacy of the data within the account. This suspension will remain in effect until the dispute is properly resolved. To initiate the account suspension, we may require a copy of a court decision or other legitimate document as evidence.

12C. Limitation on Investing Repetitive Requests

SmartMails will not undertake repetitive investigations or re-evaluate account disputes unless new significant grounds are presented or compelling arguments are provided to demonstrate that SmartMails’ previous actions were incorrect. This is to ensure efficient handling of account-related and maintain fairness in resolving disputes.

13. Intellectual Property

13A. SmartMails Ownership

All rights, titles, and interests in SmartMails, including its associated trademarks, logos, and intellectual property rights, are the exclusive property of SmartMails or its licensors. These rights are protected by intellectual property laws and international treaties. Unless explicitly permitted in writing by SmartMails, you agree not to use or display SmartMails’ trademarks, logos, or other intellectual property.

13B. User Content Ownership

You retain full ownership of the content you send through SmartMails. By using SmartMails, you do not acquire any ownership rights or licenses to SmartMails’ intellectual property. Your ownership of the content you create and distribute using SmartMails remains unaffected.

13C. Granting of License

By utilizing SmartMails and transmitting content through the platform, you grant SmartMails a non-exclusive, worldwide, royalty-free license to host, store, process, and distribute your content for the sole purpose of providing the SmartMails services to you. This license is limited to the extent necessary to operate, maintain, and improve SmartMails’ services.

13D. Protection of Intellectual Property

SmartMails respects the intellectual property rights of others and expects its users to do the same. If you believe that any content transmitted through SmartMails infringes upon your intellectual property rights, please promptly notify us and provide the necessary information for us to investigate and address the issue.

14. GDPR Compliance

As a service provider, SmartMails places a high priority on maintaining compliance with the General Data Protection Regulation (GDPR), which establishes guidelines for the collection, processing, and storage of personal data of individuals within the European Union (EU).

To achieve GDPR compliance, SmartMails has implemented several measures to protect personal data and uphold the privacy rights of our users. These measures include obtaining explicit consent from users for the collection, processing, and storage of their personal data, providing clear information about the purposes of data processing, and implementing appropriate technical and organizational measures to ensure data security.
In addition, SmartMails has Data Processing Agreements in place with any third-party processors who process personal data on our behalf, ensuring that they also comply with GDPR. We also provide our users with the right to access, correct, delete, and restrict the processing of their data, as well as the right to data portability.
We have procedures to detect, report, and investigate any data breaches that may occur, and we notify affected users and authorities within the required timeframe. Our commitment to GDPR compliance is an ongoing effort, and we continually review and update our policies and procedures to ensure that we meet the highest standards for data protection and privacy.

At SmartMails, we take GDPR compliance seriously, and we understand the importance of protecting our users’ data. Our commitment to GDPR compliance ensures that our users can trust our services with their personal information, knowing that we will protect their privacy rights and adhere to the strictest standards for data protection.

15. Modification of Terms

SmartMails recognizes the importance of keeping our Terms of Service up-to-date and relevant. Therefore, we reserve the right to update or modify these Terms as necessary. Whenever we make material changes to the Terms, we will provide notification through the SmartMails platform or other appropriate means.

We understand that it is essential for you to stay informed about any significant modifications that may affect your use of SmartMails. Therefore, we will ensure that you receive clear and timely notification regarding such changes.

16. Miscellaneous

16 A. Entire Agreement

These Terms of Service constitute the entire and exclusive agreement between you and SmartMails, governing the subject matter discussed herein. They replace and supersede any prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and SmartMails.

16B. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that closely reflects the intent of the original provision.

16C. Waiver

The failure of SmartMails to enforce any right or provision of these Terms shall not be construed as a waiver of such right or provision. Any waiver of a particular right or provision by SmartMails must be in writing and shall not be considered a waiver of any subsequent breach or default.

16D. Beta Services

From time to time, SmartMails may offer you the opportunity to access and try out certain products or features related to our Service that are not yet available to all users or the general public. These products or features may be referred to as “Beta Services” and can be identified in the App as beta, preview, pilot, limited release, or by a similar designation.

Please note that Beta Services are provided for evaluation or testing purposes only. As such, they may contain bugs, errors, or other issues and may not be as reliable as the fully developed features of our Service. It’s important to understand that Beta Services are provided on an “as-is” basis and may come with additional rules or restrictions that we may impose on their use.

We reserve the right to discontinue any Beta Services at any time at our sole discretion, and we may decide not to make them generally available to all users. However, it’s important to clarify that Beta Services are considered part of the overall Service, and therefore, their use is subject to the terms and conditions outlined in the Agreement.

16E. Changes

SmartMails retains the right to modify or revise these Terms of Use as deemed necessary. In the event of any changes to this document, we will provide notice by posting the updated version on this page. Such modifications will become effective immediately upon posting, and we recommend that you review these Terms of Use regularly to stay informed about any updates. Your continued use of SmartMails signifies your acceptance of the revised Terms of Use.

By using SmartMails, you acknowledge that you have carefully read, understood, and agreed to abide by these Terms of Service. These Terms constitute a legally binding agreement between you and SmartMails, governing your use of our services. If you do not agree with any provision of these Terms, please refrain from using SmartMails. Your continued use of our services signifies your acceptance and adherence to these Terms.

Thank you for choosing SmartMails as your preferred email service provider.