GraphicMail Terms and Conditions for Email Marketing

GraphicMail™ (the "Services"), a product of Interinbox SA registered in Switzerland, is a web based software application that offers businesses and web site operators a software application for HTML design, email list management and statistical analysis tools. GraphicMail cannot be used for and does not allow unsolicited commercial emails (UCE). For more detail on UCE please see our Anti-Spam Policy. By creating a trial account or subscribing to a payment plan you agree to be bound by these terms and conditions.

The GraphicMail service and support offering

All Services provided by GraphicMail are subject without limitation to GraphicMail’s Privacy Policy and GraphicMail’s Anti-Spam Policy. Interinbox SA may modify the terms of the Agreement and may discontinue or change any aspects of the Services at its sole discretion. Any changes to the application or the terms and conditions become effective upon those changes being made live on the www.graphicmail.com website.

The Services are subject to monthly subscription fees or pre-paid (pay-as-you-go) fees. When the free trial period has been completed GraphicMail reserves the right to suspend your account unless you sign-up for a monthly subscription or purchase pay-as-you go credits.

Monthly subscriptions are billed monthly, in advance, according to the Fee Schedule selected by you at sign up. Monthly send credits expire at the end of each month, but extra send credits which can be purchased by clients with subscriptions do not. The pricing for extra send credits can change at any time. In the event that monthly subscription fees are changed, your fee will remain at the level at which you signed up.

Unlimited send plans allow you to send daily to your contacts. If you require a plan that allows sending more than once a day to your contacts, please contact sales for a price quotation.

Pay-as-you-go credits are purchased in advance at the set price for the amount you intend to purchase. These pay-as-you-go credits remain on your account until you have used them. In the event that you purchase pay-as-you-go credits your account will remain open as long as one (1) send credit remains on your account.

Payment of your GraphicMail can be made by Visa, Master Card or American Express credit cards using Secure Trading's processing system. If you take a monthly subscription, you are authorizing Interinbox SA to charge your credit card a set amount on a regular basis. The date upon which the charge will be levied is the monthly renewal date of your Subscription. If Interinbox SA is for any reason unable to deduct the monthly payment from your credit card, you will be notified via email and your GraphicMail account will be suspended until payment is received.

Refund Policy - Your access to GraphicMail may be suspended at any time with or without cause. If we terminate you without cause, we will refund a pro rata portion of your monthly subscription or reimburse you for unused email credits. If we terminate you for cause, there will be no refunds for any fees paid. Cause is any violation of our anti-spam or privacy policy, such as your using GraphicMail to send bulk Emails to people who have not consented to receiving them or sending to a list that hasn't been used for more than 12 months. In addition, you are responsible for canceling your account and GraphicMail will offer no refund for your failure to cancel your account. When an account is terminated by GraphicMail or cancelled by the client, we reserve the right to remove any emails and related data and files.

Restrictions and Responsibilities

Interinbox reserves all rights other than those expressly granted in this Agreement, and no licenses are granted except as expressly set forth herein.

You will not contest the validity of Interinbox SA with regard to trademarks or other brand features or content during the term of this Agreement, or after the expiration of this Agreement.

You acknowledge that Interinbox SA owns all rights, titles and interests in and to GraphicMail including any and all proprietary rights.

GraphicMail may only be used in compliance with the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws. You may not use third party mailing lists to distribute unsolicited email to any third party. You agree to indemnify and hold harmless Interinbox SA against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of any national or international laws resulting from your illegal use of GraphicMail.

Interinbox SA reserves the right to monitor the newsletters created by you and your use of GraphicMail. Interinbox SA also reserves the right to remove any content or immediately suspend use of GraphicMail, if it believes that use is: 1) in violation of any national or international laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing content or hate speech; 4) improperly exposes trade secrets or other confidential information of another person; or 5) is otherwise malicious, fraudulent, or may result in retaliation against GraphicMail by offended recipients.

GraphicMail will automatically append an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves from your mailing list. Interinbox SA may immediately suspend your GraphicMail account if you make any attempt to remove or disable this link.

Graphicmail will automatically append a "Powered by GraphicMail™" footer and link to GraphicMail to all outgoing email. Interinbox SA may immediately suspend your GraphicMail account if you make any attempt to remove or disable this footer and link, unless you have come to a commercial agreement with GraphicMail about the removal of the footer and link.

Interinbox SA will not share information you may upload (such as email addresses, name, contact information, or images) to GraphicMail. Your customer information will not be shared with any other parties, unless required under law. Interinbox SA will not use your customer information for the purpose of sending unsolicited commercial e-mail. Interinbox SA may use this information and any technical information about your use of the Services to facilitate your use of GraphicMail or in communications with you.

You will comply with the GraphicMail Privacy Policy and the Anti-Spam Policy, which may be modified by Interinbox SA from time to time.

Termination

This Agreement will have a term beginning on the payment date of the first monthly subscription or on the payment date of the first purchase of pay-as-you-go credits. You may terminate this Agreement at any time by following the cancellation instruction available from within the application or by sending an email to support@graphicmail.com.

Interinbox SA may immediately terminate this Agreement and suspend access to GraphicMail without refund if you are in violation of any of terms outlined in this agreement. Interinbox is not liable for any commercial damage to you as a result of its decision to terminate or suspend your GraphicMail account.

Interinbox SA reserves the right to delete any account data within 30 days after the date of termination.

Warranty Disclaimer

THE GRAPHICMAIL APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, AND INTERINBOX EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Each Party agrees to indemnify and hold harmless the other party from and against any losses, claims, liabilities, damages or expenses, including reasonable attorney’s fees, directly arising from a material breach of this agreement by the other party.