Power and Authority
We restrict access of the Services to registered users.
You must be 18 years or older (or the age of majority in your jurisdiction of residence) to use the Services.
You must provide true, accurate, current, and complete information about yourself (Organization and/or individual, as the case may be), including but not limited to a valid email address (collectively, your “Account Information”). You agree to update your Account Information as necessary to keep it accurate. You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Services. You agree to accept responsibility for all activities that occur under your account.
Login and Passwords
Your login may only be used by yourself. Sharing a login with other people is not permitted. An Organization may create separate logins for as many individual users as it wishes. You are responsible for maintaining the security of your account login and passwords.
Only one free account per Organization is permitted.
For all accounts, we reserve the right to delete all user activity older than 90 days, after which only aggregate activity will be available to you.
Payments and Refunds
Credit Card Payment
Payment for Services must be made by a valid credit card accepted by us, unless other payment arrangements have been made. You hereby authorize us to charge your credit card for such amounts according to our pricing terms.
All fees paid for services rendered are non-refundable, unless an account is terminated by us without cause, in which case, a refund may be granted on a pro-rata portion of your prepayment for such services.
We will charge a reactivation fee of $100 to reactivate an account that has been deactivated due to non-payment.
API Terms and Specific Terms
- We reserve the right to throttle API requests;
- Abuse or excessively frequent requests to the API may result in the temporary or permanent suspension of your account’s access to the API. We, at our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension; and
- We reserve the right to modify or discontinue, temporarily or permanently, the API (or any part thereof) at any time with or without notice.
Content and Intellectual Property
All of your content and data used in connection with the Services (collectively, “User Content”) must comply with Canadian, U.S. and any other applicable intellectual property or other laws. You must only use images and text you are entitled to use. We claim no intellectual property rights over the material you provide through the Services. Your User Content materials remain yours or your licensors.
Our Content and Software
All content displayed by us or otherwise on the web site and including, without limitation, all the software (including any source code) used in connection with the Services, style guide, design, text, photographs, illustrations, audio clips, video clips, tools, artwork and other graphic material (the “Cakemail Content”) is protected by applicable copyright laws. The content, and the copyright in the content, are owned or controlled by us and/or our affiliates, licensors, suppliers, representatives or agents. You must abide by all copyright notices, information and restrictions contained in any content on or accessed on the web site and maintain such notices in the Cakemail Content.
Our company or other third party names and logos and all related product and service names, design marks, trademarks and slogans that are displayed on or through the Services or used in connection with the Services, are our sole property or the property of our affiliates or licensors (collectively, “Marks”). You are not authorized to use any of the Marks for any purpose whatsoever including without limitation, in any advertising, publicity or any other commercial manner, without our prior written consent.
Nothing appearing on or through the Services will be construed as granting you any license, right, title or interest relating to the Marks or other intellectual property used in connection with the Services (collectively, “Intellectual Property”) and the Intellectual Property remains our exclusive property or the property of its owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Services or made available through the Services.
Reservation of Rights
You shall not (i) permit any third party to access the Services except as specifically permitted herein, (ii) create derivate works based on the Services, (iii) copy, frame or mirror any part or content of the Services, other than copying or framing on your own intranets or otherwise for your own internal business purposes, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services.
We shall own all right, title and interest in and to any suggestions, requests or recommendations for improvements or enhancement to the Services or other feedback provided by you relating to the operation of the Services (collectively, “Feedback”). You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all your moral rights in the Feedback.
Prohibited Acts and Services
and Anti-Spam Policy
) and all applicable laws, including without limitation all applicable privacy laws and anti-spam laws and (ii) will not, and will not or permit or enable third party to:
- Use automated tools to operate the Services (scripts, etc.);
- Use the Services to store Social Security Numbers, social insurance numbers, passwords, security credentials or sensitive personal information;Host images and files on our servers other than those intended for use in your email campaigns;Use the Service to design an email campaign and send it through another means; or
We do not allow Organizations that offer the following types of services, products, or content, to use our Services:
- Pornography, nudity, escorts or anything sexually explicit
- Illegal goods or services
- Pharmaceutical products
- Work from home opportunities
- Online trading
- Multi-level marketing
- Affiliate marketing
- Credit repair, Mortgages and/or Loans
- List brokers or List rental services
- Any other Content that we deem inappropriate
We endeavour to use commercially reasonable and appropriate security measures to protect against unauthorized access to your account and Account Information, and to any data which may be stored by us. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party “attackers” from illegally accessing the Services or their content. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON OR THROUGH THE SERVICES IS AT YOUR OWN RISK AND you accept all risks of unauthorized access to the Services, your Account Information and any other information you provide to us or through the Services. We will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold us harmless, our officers, directors, shareholders, employees, distributors, agents, partners, licensors, information providers and account providers (collectively, “Representatives”
), as applicable, for any improper, unauthorized or illegal uses of your account by a third party. You agree to immediately notify us of any unauthorized use or your account, or any other breach of security at email@example.com
For the purposes of this Section “Disclaimer” and Section “Limitation of Liability; Indemnity”, “we” or “us” means Cakemail and our Representatives.
GDPR related terms
Cakemail users should consult with their legal professionals to understand the full scope of their compliance obligations under GDPR. As a general rule, if you are an organization that is established in the EU, or if your organization is processing EU individuals’ personal data, the GDPR will be applicable to you.
One crucial GDPR objective is the Accountability Principle. The Accountability Principle states that the data controller (Cakemail client) has to be able to demonstrate that its processing activities are compliant with the data protection principles set forth in the GDPR. The easiest way to demonstrate compliance is by documenting and communicating your GDPR compliance approach.
C.F. Art. 24 – EU GDPR – Responsibility of the controller
“As is” Basis
THE SERVICES ARE PROVIDED “AS IS”. THE USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO TO THE EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES (I) THAT THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR FREE OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. IN PARTICULAR, EMAIL DELIVERY TO THE RECIPIENT INBOX IS NOT GUARANTEED. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES OR YOUR USE OF THE SERVICES. IF WE ELECT TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE SERVICES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
The sole and exclusive remedy for any failure or nonperformance of the Services shall be for us to use commercially reasonable efforts to adjust or repair any portion of the Services that caused any such failure or nonperformance.
Limitation of Liability and Indemnity
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, DELICT, QUASI-DELICT, NEGLIGENCE, CONTRACT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE SERVICES, (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE SERVICES, OR (III) YOUR VIOLATION OF ANY APPLICABLE LAW INCLUDING BUT NOT LIMITED TO ANTI-SPAM LAWS EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT PAID FOR THE LAST 3 MONTHS OF SERVICES PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Termination of Your Account
For the purposes of this Section “Termination of Your Account”, “account” includes, for an Organization, the account of that Organization and all of the accounts of the users of the Services which act on behalf of such Organization, such as employees and consultants.
Termination by You or by Us
Your account will be automatically terminated at the end of your pre-paid period if you ask us to stop providing the Services to you (you must send us a notice at least 7 days in advance). We reserve the right to modify or discontinue, temporarily or permanently, all or part of the Services, at any time with or without notice, without any liability whatsoever.
Termination for Breach
We shall have no liability to you or any third party because of any termination of your account.
Consequences of Termination
To the maximum extent permitted by applicable laws, including privacy laws, all of your User Content will be immediately deleted from our servers upon termination of your account. This information cannot be recovered once your account is terminated.
If you do not log into a free account for more than 6 months, we reserve the right, at our sole discretion, to classify the account as inactive and to terminate it, without any liability whatsoever.
Governing Law and Jurisdiction