THESE GENERAL TERMS OF SERVICE (the "Terms") are a legal and binding agreement between Smarter Outbound ("we," "us," or "Service Provider") and you ("You" or "Client"), governing your use of Smarter Outbound's website (https://www.smarteroutbound.com), the emailing services, and all other related services Smarter Outbound provides (collectively, the "Services").
Smarter Outbound reserves all rights to change or update these Terms at any moment and at its sole discretion, by posting on its Website or by providing any other notice, if possible at least 14 days before its entry into effect. Your rights under these Terms will be subject to the most current version posted on the Website.
- Specific Terms (defined below in Article 1), if any;
- These Terms;
- Sending Policy (Anti-Spam Policy).
The Services are exclusively reserved for professional use and are not available to minors under the age of 18.
Each capitalized term herein shall have the meaning given below unless otherwise expressly stated.
- "Assistance Services" means any consulting services, development, configuration, and settings assistance provided by Smarter Outbound to allow Clients to access and use the Services, including API integration or email transfer protocols like "SMTP-IMAP." Assistance Services include onboarding, training, and related services.
- "Data" means Client’s electronic data, whether or not personal, collected, managed, processed, or shared through the Services.
- "Service" means the Smarter Outbound externalized application solution hosted on designated servers or the cloud, offering features like email campaign management, transactional email services, and real-time monitoring of deliverability.
- "Intellectual Property Rights" refers to copyrights, patents, trademarks, and other rights related to the Services and their components.
- "Operating Policies" includes the Privacy Policy and Sending Policy, updated from time to time and incorporated into these Terms.
- "Specific Terms" refers to mutually agreed terms with the Client, outlining financial and technical elements specified in a quotation.
- "Website" means the web pages associated with the Service's features, accessible and configurable by Clients.
We will use reasonable efforts to ensure that emails sent through the Services are routed correctly. We provide real-time monitoring to manage mailing lists and email campaigns. Additional services may be invoiced separately and are provided upon agreement.
You shall appoint an administrator (the "Administrator") responsible for collecting user assistance requests. Smarter Outbound provides second-level support for issues the Administrator cannot resolve. Support tickets must be submitted to: support@smarteroutbound.com with detailed descriptions of the issue.
You must comply with all terms and use restrictions outlined in these Terms and Operating Policies. You are prohibited from:
- Interfering with or disrupting Service operations.
- Assigning or reselling Services to third parties.
- Misusing Smarter Outbound’s API or exceeding reasonable API call volumes.
When creating an account, you must provide accurate information and keep your credentials confidential. Unauthorized use or loss of credentials must be reported immediately.
You are solely responsible for any content you send using the Services. Content must not:
- Violate third-party rights or applicable laws.
- Contain harmful, false, or misleading material.
- Contravene our Operating Policies.
Smarter Outbound strictly prohibits sending unlawful, harmful, or unsolicited messages. Violations may result in termination of your account without refund.
You must comply with all applicable laws and indemnify Smarter Outbound for any legal actions arising from your misuse of the Services.
Details about subscription plans are available at: https://www.smarteroutbound.com/pricing
Subscription terms are monthly or yearly and renew automatically unless canceled 7 days before the term ends.
Upgrading or downgrading plans is possible, with changes applied immediately or at the end of the term, depending on the direction of change.
Prices exclude VAT or sales taxes. Tax amounts depend on the Client's location.
We may adjust fees with 30 days' notice. Fee changes apply to the next billing cycle.
We may terminate your account for violations of these Terms or Operating Policies. Upon termination, all amounts owed become due immediately, and access to the account and stored data ceases.
Smarter Outbound owns all intellectual property related to the Services. Clients are granted a non-exclusive, limited right to access and use the Services.
While we strive for error-free Services, no guarantees are made. You must notify us of any non-compliance issues, which we will address as your sole remedy.
Smarter Outbound is not liable for indirect or consequential damages, including data loss or business interruption.
Both parties agree to maintain the confidentiality of all exchanged information except where disclosure is required by law.
These Terms, along with our Privacy Policy and any Specific Terms, represent the complete agreement between you and Smarter Outbound.
We are not responsible for delays or failures due to circumstances beyond our control, such as cyber-attacks, strikes, or natural disasters.
"Your Data" refers to data transmitted via the Services. You retain ownership of Your Data, while we are granted necessary permissions to process and store it solely to provide the Services.
If you have any questions or concerns regarding these Terms, please contact us:
Email: support@smarteroutbound.com
By using this Website, you agree to these Terms and Conditions. Thank you for choosing Smarter Outbound.
