By using Enginemailer or signing up for an account, you're agreeing to the Terms of Service and Service Level Agreement applicable to all direct or indirect Enginemailer Services. Enginemailer ("Enginemailer" or the "Service") is an email service offered through the URL www.enginemailer.com (the "Website") that allows you to create, send, and manage email in bulk (each message is called an "Email") to individual recipients. Enginemailer is owned and operated by Teneo Technologies Sdn Bhd, a Malaysian limited liability corporation ("Enginemailer," "we," or "us"). Enginemailer has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that's a customer of the Service, you're a "Member" according to this agreement (or "you").
We guarantee that the Enginemailer Service (meaning any or all of the API and Outbound Delivery services) will be available 99.9% of the time in any given monthly billing period, excluding Maintenance. No SLA is provided for the free tier of any Enginemailer services.
You are entitled to a credit of 5% of your given monthly fee for the Enginemailer Services for each 30 minutes of Enginemailer Service unavailability (after the first 0.1%) in a given monthly period.
You are not entitled to a credit if you are in breach of the terms governing your use of the Services until you have rectified the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of any Enginemailer services Agreement or this Exhibit A, including violation of the AUP. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, or any other circumstances that are not within our control.
To receive a credit, you must request a credit by creating a support ticket with Enginemailer within thirty (30) days following the end of the downtime. You must show that your use of the Services was adversely affected in some way as a result of the downtime to be eligible for the credit.
Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of the fees for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.
We may suspend the Services without liability if: (i) we reasonably believe that the Services are being used in violation of the Agreement; (ii) you don't cooperate with our reasonable investigation of any suspected violation of the Agreement; (iii) there is an attack on the Services or your Services are accessed or manipulated by a third party without your consent, (iv) we are required by law or by a regulatory or government body to suspend the Services, or (v) there is another event for which we reasonably believe that the suspension of the Services is necessary to protect our own network or our other customers.
You agree that if your Enginemailer Services are reinstated after a suspension for non-payment or for your breach of the Agreement (including the AUP), you will pay a reinstatement fee of USD $100.
You agree to comply with the Enginemailer documentation found at: http://support.enginemailer.com and agree that we may establish new procedures for your use of the Services as we deem necessary for the optimal performance of the Services.
We will use commercially reasonable efforts to deliver your email messages, but we do not guarantee delivery. Third party filtering services and other policies of recipient email services may prevent successful delivery of your messages. While the Enginemailer Services will reattempt to deliver email according to our policies, it does not store outbound email messages so if the email is not accepted by the recipient email service, it will be lost. Enginemailer Service recommends that you employ additional security measures to protect against spam, email phishing attempts and email infected with viruses. However, in our initiative to safeguard the safety of our service, you acknowledge that the limitations of the initiative will likely result in the capture of some legitimate email and the failure to capture some unwanted email, including email infected with viruses. You hereby release Enginemailer and its employees, agents, affiliates, and third party suppliers from any liability for damages arising from the failure of the Enginemailer Service's filtering services to filter unwanted email or from the capture of legitimate email, or from a failure of your email to reach its intended recipient.
An individual email message may not exceed the per-message size limit (including attachments) of 5MB or it may be permanently lost.
You acknowledge and understand that the Enginemailer Services include the transmission of unencrypted email in plain text over the public internet. We do not encrypt Customer Data which you upload to the Enginemailer Services, and it is stored (and transmitted) in similar fashion as you provide it. You are responsible for encrypting any sensitive data you use in conjunction with the Enginemailer Services. Email sent using the Enginemailer Services may be unsecured, may be intercepted by other users of the public internet, and may be stored and disclosed by third parties (such as a recipient's email service provider). Although Enginemailer Services include support for TLS, content may be transmitted even if the recipient does not also support TLS, resulting in an unencrypted transmission.
Your email messages and other items sent or received via the mail service will include information that is created by the systems and networks that are used to create and transmit the message including information such as server hostnames, IP addresses, timestamps, mail queue file identifiers, and spam filtering information ("message routing data"). You agree that we may view and use the message routing data for our general business purposes, including maintaining and improving security, improving our services, and developing products. In addition, you agree that we may disclose message routing data to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
We collect and store information related to your use of the Services, such as use of the Website, API and usage pattern. You agree that we may use this information for our general business purposes and may disclose the information to third parties in aggregate statistical form, provided that we do not include any information that could be used to identify you.
In order to use Enginemailer, you must:
By using Enginemailer, you represent and warrant that you meet all the requirements listed above, and that you won't use Enginemailer in a way that violates any laws or regulations. Enginemailer may refuse service, close accounts of any users, and change eligibility requirements at any time
The Term begins when you sign up for Enginemailer and continues as long as you use the Service. Clicking the button and entering your email address means that you've officially "signed" the Terms. If you sign up for Enginemailer on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or Enginemailer may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Email Credits. We won't refund or reimburse you if there's cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don't log in to your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party.
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment. If you go over your sending limit and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you'll still be required to make one payment at the higher level.
As long as you're a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and suspend your account until your payment can be processed.
We'll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won't be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
Some features are offered as add-ons to your Enginemailer account. If you add on a feature that has a charge, then you'll be billed that additional amount with each billing cycle for as long as the add-on is active.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
You will respect our proprietary rights in the Website and the software used to provide Enginemailer (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).
We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs that help us spot problem accounts. These is used to find Members who violate these Terms or laws.
You promise to follow these rules:
If you violate any of these rules, then we may suspend or terminate your account.
Please notify us immediately if you think anyone is violating any of these Terms. Please report it to our abuse team if you received spam that comes from an Enginemailer user.
You may only use our bandwidth for your Enginemailer emails. We provide image and data hosting only for your email campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.
You represent and warrant that your use of Enginemailer will comply with all applicable laws and regulations. You're responsible for determining whether our Services are suitable for you to use in light of any regulations like GDPR, PDPA, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you're located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Enginemailer, and collecting information as a result of sending Emails, you:
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Enginemailer for a variety of reasons, we can't guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren't responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.
You'll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we'll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you'll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Enginemailer @ Teneo Technologies Sdn Bhd (666508-K), Unit 1101B, Level 11, Wisma Prosper, Block B, Kelana Centre Point, No. 3, Jalan SS7/19, Kelana Jaya, 47301 Petaling Jaya, Selangor, Malaysia. or any addresses as we may later post on the Website.