User Terms
Effective: 1st November 2023
We are a company called Mailosaur Ltd, registered in England and Wales under company number 07999725 with our registered address at The Square, Basing View, Basingstoke, Hampshire RG21 4EB. Throughout these Customer Terms of Service (hereafter referred to as “terms”) we shall refer to ourselves as “Mailosaur”, “we”, “us” or “our”.
By creating an account with us and using the Services, the User (hereafter referred to as “you”) agree to these User Terms.
Agreed Terms
- Definitions
- User Account: collectively the personal information and Credentials used by a User to access the Services via the Website.
- Credentials: the set of unique identifiers including but not limited to a username and password created via mailosaur.com or corporate login credentials where SSO is in use by the Customer that enables a User to verify identity in order to log in to their User Account.
- Customer: the entity which has signed up to the Services offered by Mailosaur Ltd and has designated access to the Services for a User.
- Customer Data: the data inputted by the Customer, Users, or Mailosaur on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services.
- Services: the services provided by Mailosaur to the Customer under the Customer Terms of Service.
- Website: the website mailosaur.com or any other website notified to the Customer by Mailosaur from time to time by which a User accesses the Services.
- User: any employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services.
- Mailosaur Disclaimers
- You acknowledge that we may update and change our terms and Website from time to time. We do not guarantee that our Website or Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website or Services for business and operational reasons.
- Other terms that may apply to you
- These terms refer to the following additional terms, which may also apply to your use of our Website and Services:
- Our Privacy Policy which sets out how we process personal data.
- Our Customer Terms of Service which apply to the corporate subscriber who purchases our Services and which include various obligations for any User appointed by it.
- These terms refer to the following additional terms, which may also apply to your use of our Website and Services:
- Prohibited Acts
- You shall not:
- access, store, upload, distribute any material or any Customer Data during the course of using the Website or Services that:
- is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- is unlawful under any relevant law, regulation or other applicable instrument in their particular jurisdiction or the United Kingdom;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property; and we reserve the right, without liability to you, to disable your access to any material that breaches these terms.
- transmit any viruses;
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website or Services in any form or media or by any means;
- attempt to de-compile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Website or Services;
- impersonate any other person, including but not limited to employees and representatives of Mailosaur or Mailosaur’s affiliates;
- use the Services or Documentation to create software programs that are similar to or compete with Mailosaur's services, or to repackage or present the Services or Documentation as the Customer’s own software solution;
- use the Services for unauthorised mass-communication such as spam or junk mail communications;
- introduce, or permit the introduction of, any virus into Mailosaur’s network, Website, and system; or
- conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our Website or Services.
- access, store, upload, distribute any material or any Customer Data during the course of using the Website or Services that:
- You shall not:
- User Account Responsibilities
- The User shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Website or Services and, in the event of any such unauthorised access or use, promptly notify Mailosaur.
- You must treat your login and password information for your User Account as confidential and must not disclose it to any third party.
- We have the right to disable any User Account password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
- If you know or suspect that anyone other than you knows your User Account Credentials information, you must promptly notify us at support@mailosaur.com.
- Third Party Links
- Where our Website and Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We are not responsible for such third party links or information you may obtain from them.
- Rights you are giving us to use material you upload
- When you upload Customer Data, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that Customer Data in connection with the provision of our Services and across different media, including to promote our Services.
- Our liability for loss or damage suffered by you
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We exclude all implied conditions, warranties, representations, or other terms that may apply to our Services, Website, or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill, or reputation; or
- any indirect or consequential loss or damage.
- How we may use your personal information
- We will only use your personal information as set out in our Privacy Policy.
- Our intellectual property
- You are not permitted to use any trade marks of Mailosaur Ltd without our prior written approval. We are the owner or the licensee of all intellectual property rights in our Website and Services (including the material published within). All such rights are reserved.
- Breach of these terms
- When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate (in our absolute discretion).
- Failure to comply with these terms may result in actions including but not limited to:
- Immediate, temporary, or permanent withdrawal of your right to use our Website and/or Services.
- Immediate, temporary, or permanent removal of any Customer Data uploaded by you to our Website and/or Services.
- Issue of a warning to you.
- Legal proceedings against you resulting from the breach.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- Which country's laws apply to any disputes?
- These terms, their subject matter, and their formation, are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).