Terms of Service

Please read these Terms carefully. By using Recomind or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Recomind (“Recomind” or the “Service”) is an email service offered as a Hosted or SaaS service (we’ll refer to it as the “Product”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) or SMS (each message is called an “SMS”) or Push Notifications (each message is called an “PN”) to individual recipients. Recomind is owned and operated by Powerupcloud Technologies Private Limited, an Indian entity (“Recomind,” “we,” or “us”). Recomind 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”). These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy and Brand Guidelines) define the terms and conditions under which you’re allowed to use Recomind, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

  1. Eligibility

    In order to use Recomind, you must:

    1. a registered entity in the country of your operations;
    2. complete the registration process;
    3. agree to the Terms; and
    4. provide true, complete, and up to date contact information.

    By using Recomind, you represent and warrant that you meet all the requirements listed above, and that you won’t use Recomind in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Recomind may refuse service, close accounts of any users, and change eligibility requirements at any time.

  2. Term

    The Term begins when you sign up for Recomind and continues as long as you use the Service. Signing the ‘Recomind Terms of Use’ means that you’ve officially “signed” the Terms. If you sign up for Recomind on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

  3. Closing Your Account

    You or Recomind 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 Product.

  4. Changes

    We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. The new Terms will be effective immediately and apply to any continued or new use of Recomind. We may change the Website, the Service, or any features of the Service at any time.

  5. Account and Password

    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.

  6. Account Disputes

    We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. 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. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

PAYMENT

  1. Monthly Plans

    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 (the “Pay Date”). 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.

  2. Pay as You Go Plans

    You may buy Email Credits to use our Services instead of signing up for a monthly plan. This is explained on the pricing page of our Website. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you. Email Credits for Pay as You Go accounts roll over and don’t expire, but if your account is inactive for more than 12 months, it may be deleted.

  3. Credit Cards

    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. You may also pay us through other payment modes like Wire Transfer, Account Deposit, Cheques etc. The credit period in invoicing model is 30 days.

  4. Refunds

    We’ll give you a refund for a prepaid month or quarter or year 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.

  5. Charges for Add-Ons

    Some features are offered as add-ons to your Recomind 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. Some add-ons, are intended for particular use cases and may have additional terms or restrictions (“Additional Terms.”) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.

  6. Billing Changes

    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.

RIGHTS

  1. Proprietary Rights Owned by Us

    You will respect our proprietary rights in the Website and the software used to provide Recomind (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.

  2. Proprietary Rights Owned by You

    You represent and warrant that you either own or have permission to use all of the material in your Emails, SMS & Push Notifications. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

  3. Privacy Policy

    We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  4. Right to Review Campaigns

    We may view, copy, and internally distribute content from your Emails, SMS, Push Notifications and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

RULES AND ABUSE

  1. General Rules

    You promise to follow these rules:

    1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
    2. You won’t use purchased, rented, or third-party lists of email addresses.
    3. You won’t violate our Acceptable Use Policy, which is part of this Agreement.
    4. If you use our API, you’ll comply with our API Use Policy in Annexure III.

    If you violate any of these rules, then we may suspend or terminate your account.

  2. Reporting Abuse

    If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Recomind user, please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.

  3. Bandwidth Abuse/Throttling

    You may only use our bandwidth for your Recomind 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.

  4. Compliance with Laws

    You represent and warrant that your use of Recomind 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 HIPAA, GLB, EU Data Privacy Laws, 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 Recomind, and collecting information as a result of sending Emails, you:

    1. Will clearly describe in writing how you plan to use any data collected, including for your use of Recomind. You’ll get express consent to transfer data to Recomind and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
    2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Recomind.
    3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Recomind to receive and process data and send communications to that individual on your behalf.
    4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.

LIABILITY

  1. Limitation of Liability

    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.

  2. No Warranties

    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 Recomind for a variety of reasons, we can’t guarantee that it will meet your specific needs.

  3. Indemnity

    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. (Indemnity is an agreement to compensate someone for a loss.) 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.

  4. Attorney Fees

    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.

  5. Equitable Relief

    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.

  6. Subpoena Fees

    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.

  7. Disclaimers

    We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

  1. Assignments

    You may not assign any of your rights under this agreement to anyone else. We may assign our rights to an entity at our discretion.

  2. Jurisdiction

    Each party will be subject to the jurisdiction of Coimbatore Subordinate Courts.

  3. Force Majeure

    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.

  4. Survivability

    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.

  5. Severability

    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.

  6. Amendments and Waiver

    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.

  7. Further Actions

    You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

  8. Notification of Security Breach

    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.

  9. Notices

    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 India head quarters address: 1034/A, 2nd Floor, Sector 1, HSR Layout, Bangalore-560102, Karnataka, India or any addresses as we may later post on the Website.

  10. Entire Agreement

    These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

    Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Acceptable Use Policy

We request every Recomind customer to follow this Acceptable Use Policy in their use of Recomind and any other Recomind products or add-ons. If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts according to our Terms of Use where we see behavior, content, or other factors that poses a threat to our system.

Prohibited Content

Please don’t use Recomind to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

  • Emails offering to sell illegal goods or services
  • Emails that violate CAN-SPAM Laws
  • Pornography/sexually explicit content

Some industries have higher-than-average abuse complaints, which can jeopardize the deliverability of our entire system. Nothing personal, but in order to maintain the highest delivery rates possible for all our customers, we can’t allow businesses that offer these types of services, products, or content:

  • Escort and dating services
  • Gambling services or products
  • Multi-level marketing
  • Affiliate marketing
  • Credit repair and get out of debt opportunities
  • Selling “Likes” or followers for a social media platform

Sending Subject to Additional Scrutiny

We’ve also found that certain types of content may cause higher-than-average abuse rates. In general, hard bounce rates should be under 5%, and spam complaint rates should be less than 0.1%. For that reason, we may closely review, suspend, throttle, or disable accounts that exceed these rates and/or offer the following services, products, or content:

  • Online trading, day trading tips, or stock market related content
  • Daily horoscope reports
  • Mortgages and loans
  • Nutritional, herbal, and vitamin supplements
  • Adult Entertainment/Novelty Items
  • Real estate
  • Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content

Prohibited Actions

We work hard to maintain the positive reputation of our system, but we count on our customers to pitch in too. You may not:

  • Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. For bulk emails we use the definition by Spamhaus, in short “unsolicited bulk email.” For single commercial emails, we define spam as any message that violates CAN SPAM law.
  • You must be able to point to an opt-in form or show other evidence of consent for bulk email.
  • Put into your Email or Account any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
  • Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
  • Share your password.
  • Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
  • Use any of the software on our Website, or downloaded from the Website, to create a competing product.
  • Use an outside unsubscribe process when sending bulk content to a list hosted in Recomind.
  • Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
  • Upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
  • Send or forward personal mail. Send content created in Recomind through another service.
  • Host images on our servers for any purpose other than for use in your email campaigns.
  • Host content on our servers for any purpose other than to send email campaigns.
  • Delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds.

Spam and Best Practices

As an email service provider, we feel it’s our responsibility to be extra vigilant about preventing spam-related abuse. It’s also in our best interest to keep the system clean, because our reputation and deliverability depend on it. For that reason we provide, and may update from time to time, articles outlining sending best practices in our knowledge base. For example, we offer guidelines about list permission and best practices. You may only use Recomind in accordance with these best practices, and we may suspend or terminate your account if you violate them.

API Use Policy

Recomind APIs make it possible for developers to better use the Services and build integrations that help other people use the Services in new ways (each an “Integration”). We provide these APIs to allow people to build on and benefit from Recomind. At the same time, we have to protect our system, as well as our users’ rights. That’s why this API Use Policy (the “Policy”) exists. Your use of the APIs must comply with both this Policy and our Terms of Use.

  1. Login

    You’ll only access the API using OAuth or an API key. If you have an Integration, then users must have the option to log in via OAuth or using their API key. You won’t prompt users to provide their Recomind username, password, or security questions.

  2. Spam and Abuse

    You won’t use the API to send spam or, if you’re using Recomind’s API, take any actions that violate our Acceptable Use Policy. You’ll follow all documentation we provide for the APIs. You won’t attempt to hack or change the way the Services function. We may throttle your use of the APIs at any time. We may monitor your use of the APIs for compliance with these rules, and we may deny You access to the API or shut down your Integration if you try to go around or exceed the limitations we set.

  3. Privacy

    You’ll respect the privacy of our users. Your Integration must display a privacy policy for users, detailing the information you’ll collect from them when they use the Integration.

  4. Ownership

    We own all worldwide rights, titles, and interest in the Services and the APIs, including all intellectual property rights, marks, code, and features. You won’t infringe or copy our code, design, or content. Any rights not expressly granted by this policy are withheld, so if you don’t see it here, then it’s not a right we’re giving you. You own all worldwide rights, titles, and interest in the Integration, except for the APIs, our marks, and the Services, including all intellectual property rights. If you give us comments about the APIs or the Services, we may copy, modify, create derivative works, display, disclose, distribute, and use that feedback without any obligation to compensate you.

  5. Use of Marks

    You may only use our name and marks (meaning our logos, mascots, and copyrighted images) according to our Brand Guidelines. You may not alter or remove any proprietary notices in our marks. You won’t use our name or marks in your Integration name or logo, or in any way that implies an endorsement by us. If you use our marks to create your logo or name, you’ll immediately assign those rights to us at no expense.

  6. Representations and Warranties

    You represent and warrant that you’ll maintain all the licenses required for your Integration, and that your Integration won’t violate any law or regulations in any way.

  7. Disclaimer

    To the maximum extent permitted by law, We provide the APIs as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.

  8. Updates

    We may update or modify the APIs and this Policy from time to time by posting the changes on this site or notifying you via email. These changes may affect your use of the APIs or the way your Integration interacts with the API. If we make a change that’s unacceptable to you, you should stop using the APIs. Continued use of the APIs means you accept the change.

  9. Confidentiality

    You may have access to confidential, proprietary, and non-public information specific to the APIs (“Confidential Information”). You may use this information only to use and build with the APIs. You won’t disclose the Confidential Information to anyone without our written consent, and you’ll protect the Confidential Information from unauthorized use and disclosure in the same way you’d protect your own confidential information.

  10. Indemnification

    You’ll indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from third-party claims that relate to your use of the API.

  11. The Rest

    This policy is part of our Terms of Use. This policy doesn’t create or imply any partnership, agency, or joint venture.