Terms of Service
Last updated: 2024-10-15
1. Acceptance of Terms
By accessing or using StampWise's services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Services.
2. Description of Services
StampWise provides an email outreach automation tool that integrates with Gmail to help users manage and optimize their cold email campaigns. Our Services include, but are not limited to, email sequence creation, automated sending, response tracking, and analytics.
3. User Accounts
3.1. You must create an account to use certain features of our Services. You are responsible for maintaining the confidentiality of your account and password.
3.2. You agree to provide accurate and complete information when creating your account and to update this information to keep it current.
4. Gmail Integration and Data Usage
4.1. Our Services require integration with your Gmail account. By using StampWise, you grant us permission to access and interact with your Gmail account as necessary to provide our Services.
4.2. We collect and use data from your Gmail account solely for the purpose of providing and improving our Services. This includes, but is not limited to, email content, contact information, and engagement metrics. You expressly consent to our collection and use of this data.
4.3. For more information on how we handle your data, please refer to our Privacy Policy.
5. Acceptable Use
5.1. You agree not to use our Services for any unlawful purpose or in any way that violates these Terms.
5.2. Prohibited activities include, but are not limited to:
- Sending spam or unsolicited emails
- Violating any applicable laws or regulations, including CAN-SPAM Act
- Infringing on the intellectual property rights of others
- Attempting to gain unauthorized access to our systems or other users' accounts
- Using the Services to send harassing, abusive, or threatening messages
- Misrepresenting your identity or affiliation in your emails
- Using the Services in any way that could damage, disable, or impair StampWise's functionality
6. Payment Terms and No Refund Policy
6.1. All payments made to StampWise for the Services are non-refundable, regardless of the circumstances, including, but not limited to, termination of your account, discontinuation of the Services, or any other reason whatsoever.
6.2. StampWise, in its sole and absolute discretion, reserves the right to modify its pricing structure at any time without prior notice.
6.3. You expressly acknowledge and agree that there shall be no refunds for partial use of Services, downgrade of Services, unused credits, or any other circumstance.
6.4. We offer our Services on a pay-as-you-go basis. By purchasing or using our Services, you agree to pay all fees and charges associated with your account on a timely basis and according to the fees and charges posted on our website at the time of your use.
6.5. Failure to pay fees or charges may result in immediate suspension or termination of your account and access to the Services.
7. Intellectual Property and License to User Data
7.1. StampWise and its original content, features, and functionality are owned by StampWise and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
7.2. By submitting, uploading, or otherwise providing any data, content, or information to StampWise through the Services ("User Data"), you hereby grant to StampWise a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such User Data in connection with the Services and StampWise's business, including without limitation for promoting and redistributing part or all of the Services in any media formats and through any media channels.
7.3. You represent and warrant that you have all rights necessary to grant the licenses granted in this section.
7.4. StampWise may, without limitation, use any User Data, including but not limited to email templates, campaign data, and performance metrics, for any purpose whatsoever, including but not limited to improving the Services, developing new products or services, or for any other business purpose.
8. Limitation of Liability
8.1. IN NO EVENT SHALL STAMPWISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STAMPWISE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
8.3. YOU SPECIFICALLY ACKNOWLEDGE THAT STAMPWISE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Indemnification
You agree to defend, indemnify and hold harmless StampWise and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.
10. Disclaimer of Warranties
Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
10. Modification of Services
StampWise reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that StampWise shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
11. Termination
11.1. StampWise may terminate or suspend your account and bar access to the Services 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 the Terms.
11.2. If you wish to terminate your account, you may simply discontinue using the Services.
11.3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Belgium (Europe), without regard to its conflict of law provisions.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
15. Dispute Resolution
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Belgian Centre for Arbitration and Mediation (CEPANI), which rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be Brussels, Belgium. The language of the arbitration shall be English.
16. Contact Us
If you have any questions about these Terms, please contact us at support@stampwise.co.
By using StampWise, you acknowledge that you have read and understood these Terms and agree to be bound by them.