Terms and Conditions

Using VladTheEmailer means you accept these Terms

These Terms of Service (the “Terms”), along with our Privacy Policy, constitute the entire agreement between Griffin Digital Solutions Ltd (“Griffin Digital” or “We”) and you (“You” or the “User”). They govern your use of the vladtheemailer.com website (the “Site”), the Vladtheemailer web application, and/or the Vladtheemailer services (collectively, the “Service”).

Griffin Digital Solutions ltd. is a company registered in the UK, company number 07781589.

By using the Service, you confirm that you have read and agree to these Terms. We know nobody ever really does, but let’s say you did 🙂

We may update these Terms periodically. Unless required by law, we may notify you of changes and provide an opportunity to review them before they take effect. Continued use of the Service after updates indicates your acceptance of the revised Terms. If you do not agree to the updated Terms, you may delete your account at any time.

Communications from us, to you

We will email you. That’s really not something you can opt out of. We’ll email you information about your account, invoices and so on. 

Your company and logo

Griffin Digital may use your company name or logo in advertising unless you notify us in writing to stop. IE: we’ll brag about you using our services. That means we’ll send some traffic your way. Unless you don’t like traffic… 

Accounts, Passwords, and Security

To access the Service, you must be a registered User. You are responsible for keeping your password secure and are solely liable for any activity under your username. You also agree not to access or attempt to access other Users’ accounts or data.

Acceptable Use and Conduct

As an Email Service Provider (ESP), Vladtheemailer relies on the reputation and sending practices of our customers. A single bad actor can damage our reputation, while a collective effort from all users helps build an exceptional one. Therefore, a significant part of our efforts focuses on promoting good email practices and preventing harmful behaviours.

This Acceptable Use Policy outlines the types of senders and behaviours that are prohibited on our platform to ensure safety and high deliverability. The goal is to make our rules clear and to help you understand if Vladtheemailer is the right fit for you. If we find that you are not adhering to these rules, we may terminate your account. 

Email types that we don’t allow on Vladtheemailer

You cannot use Vladtheemailer to engage in or promote any illegal activities. In short, don’t promote illegal stuff! EVER!

 Additionally, we may restrict the following types of businesses or services:

– Selling illegal goods or services

– Violating CAN-SPAM Laws

– Pornography or sexually explicit content

– Escort services

– Pharmaceutical products

– Gambling services or products

– Multi-level marketing

– Affiliate marketing

– Make money online opportunities

– Credit repair or debt relief services

– Short-term/payday loan services

– List brokers or list rental services

– Selling social media “Likes” or followers

– Other activities that, in our sole discretion, may harm our reputation or deliverability

If you are unsure your emails are allowed, contact us before sending emails out.

Other Things You Can’t Do on Vladtheemailer

In addition to the content guidelines, we expect the following from our customers:

• Spam Complaint Rate: Your spam complaint rate must be below 0.1% (1 in 1,000 emails). Exceeding this limit may result in your account being paused while we address the issue.
• Bounce Rate: Your bounce rate must be below 10% of all emails sent. Higher rates may indicate poor recipient quality and negatively impact your reputation with inbox providers.

Appropriate Email Practices

• Permission-Based Contacts (and contact lists) : All email addresses must be permission-based. Purchased or rented lists from third parties are prohibited. IE: only email people who gave permission to be emailed.
• Unsubscribe Requests: You are responsible for managing and maintaining unsubscribe requests for your list beyond the Service’s functionalities.
• Abuse Complaints: Unsolicited emails will lead to abuse complaints, impacting your account. You must keep abuse results below the industry standard.

We reserve the right to terminate your account for any reason, including violations of these practices.

Compliance

You must comply with all applicable laws and regulations in your use of the Service, including, but not limited to, the CAN-SPAM Act. This includes your obligation to include an unsubscribe link in your emails.

Licence

Our Service, including all text, graphics, images, videos, trademarks, trade names, service marks, logos, slogans, and other content (collectively, the “Griffin Digital content”), is owned by or licensed to Griffin Digital and is protected by U.K. and international laws. Except as expressly stated in these Terms, Griffin Digital and its licensors reserve all rights to the Service and Griffin Digital Content.

You are granted a limited, nonexclusive, non transferable, non-sublicensable, revocable licence to access and use our Service in accordance with these Terms.

Fees

If you are not satisfied with the service, Griffin Digital will refund your first purchase within 30 days of the purchase date. Subsequent purchases are not eligible for refunds. At the end of each billing period, your plan will automatically renew until you explicitly cancel it via the Service. Unused emails from your plan’s quota expire at the end of the month and do not roll over to subsequent periods. Refunds will be prorated. IE: if you have 10k emails and you sent 5k before you cancelled, you will receive a 50% refund.

Chargeback/Refund Policy

Eligible refunds will be issued to the credit/debit card used for the purchase, in accordance with the refund policy in the “Fees” section. That is currently the only way to get a refund. We do not provide cash refunds under any circumstances. If you have questions about charges to your account, contact Griffin Digital immediately. If charges were made in error, Griffin Digital will credit your account accordingly. Griffin Digital has a zero-tolerance policy for chargebacks. Any customer who disputes a valid credit card payment will be permanently banned from using the Service.

DISCLAIMER OF WARRANTIES

IF YOU READ ANY PART OF THIS DOCUMENT, IT’S THE BLOCK BELOW.

THE TL;DR; IS:

THE SERVICE IS “AS IS” AND USED AT YOUR OWN RISK. GRIFFIN DIGITAL DISCLAIMS ALL WARRANTIES AND IS NOT LIABLE FOR ANY DAMAGES. LIABILITY IS LIMITED TO WHAT YOU PAID IN THE LAST THREE MONTHS. IN CRITICAL ENVIRONMENTS, DON’T USE THIS SERVICE. SOME LEGAL EXCEPTIONS MAY APPLY BASED ON YOUR LOCATION.

If you use this in critical environments, it’s 100% on you if things go wrong. You should never ever only use only one service when criticality is required!

The Service is provided “as is,” and you use it at your own risk. Griffin Digital disclaims all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

While we strive to keep the Service safe and bug-free, Griffin Digital does not guarantee continuous, error-free, secure, or virus-free operation of the Service or your account. You agree that you cannot make any claims against Griffin Digital for failing to provide these assurances, regardless of fault. As mentioned, you use the Service at your own risk.

Additionally, the Service is not intended or licensed for use in environments requiring fail-safe performance, such as in nuclear facilities, aircraft navigation/communication systems, air traffic control, life support, or weapons systems. If your use of the Service involves such critical situations, please refrain from using it. (Although, I must say that would be quite cool.)

In some jurisdictions, certain warranties cannot be disclaimed. If you are in such a jurisdiction, Griffin Digital’s disclaimers apply to the fullest extent permitted by law.

Limitation of Liability:

Griffin Digital is not liable for any damages, including but not limited to direct, indirect, special, incidental, exemplary, consequential, or punitive damages (such as loss of use, business interruption, or data loss) arising from your use of the Service or your account, whether in contract, tort, or otherwise.

By using the internet, you accept the risks involved, including any damage to your computer or data. Griffin Digital is not liable for unauthorised access, use, alteration, corruption, theft, or destruction of your data or account.

Griffin Digital’s liability is expressly limited to the amount you paid for the Service in the three months preceding your claim.

Some jurisdictions do not allow the limitation of liability. If your jurisdiction does not enforce this provision, Griffin Digital’s liability is limited to the maximum extent allowed by your local laws.

Indemnification

To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless Griffin Digital against all damages, liabilities, claims, and expenses, including attorneys’ fees and costs, arising from or related to your data, your use of the Service, and/or any breach of these Terms by you. Additionally, you agree to indemnify, defend, and hold harmless Griffin Digital against any third-party claims that your data or use of the Service infringes on their intellectual property rights or discloses their proprietary information. You agree to notify Griffin Digital promptly of any third-party claims, cooperate in defending such claims, and cover all associated costs. Griffin Digital reserves the right to control the defence or settlement of any third-party claims.

Release

To the fullest extent allowed by law, you release Griffin Digital from any responsibility, liability, claims, demands, and/or damages of any kind (both actual and consequential), whether known or unknown, arising from disputes between users or the actions of third parties. This includes, but is not limited to, claims of negligence. By agreeing to this release, you explicitly waive any rights under California Civil Code § 1542 and any other statute or legal principle that would otherwise limit the release to only those claims you know or suspect to exist at the time of this agreement.

Termination of Service

We reserve the right to terminate your account at any time, without notice and at our sole discretion, for any reason. This includes removing accounts and content that we determine, at our discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable. Upon termination, all data associated with your account will be lost. Accounts terminated by Griffin Digital will be permanently deleted from our servers and will not be backed up or eligible for refunds. You may terminate your account at any time, and if applicable, refunds for unused credits will be issued as per the refund policy in the “Fees” section. Griffin Digital is not liable for any loss or harm resulting from your inability to access or use the Service.

Intellectual Property

Griffin Digital does not claim any intellectual property rights over the data you provide to the Service. However, you acknowledge and agree that Griffin Digital owns all rights, titles, and interests in and to the Service, including all intellectual property rights. You agree not to copy, reproduce, alter, reverse engineer, clone, modify, or create derivative works from the Service.

Force Majeure

Neither party will be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by factors beyond its control. These factors include, but are not limited to, issues with third-party services, acts of God, public disturbances, government actions, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, or civil unrest.

Dispute Resolution by Arbitration

YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in the UK, London,  concerning infringement, misappropriation or other violation by either of us of the other party’s intellectual property rights, and (b) Griffin Digital may seek injunctive relief in UK Courts concerning violation by a user of any of these terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this agreement shall be conducted by a UK arbiter. The location of the arbitration shall be in London, UK, and the allocation of costs and fees for such arbitration shall be determined in accordance with local rules. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GRIFFIN DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SERVICE (INCLUDING YOUR USE OF THE SERVICE) BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.

Choice of Law

You agree that all disputes or proceedings relating in any way to or arising out of Your use of the Service, shall be governed, without respect to conflict of law principles, by the laws of the United Kingdom of Great Britain and North Ireland (IE: the UK).

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.

Users with questions about this Agreement or the Privacy Policy may contact Griffin Digital at support@vladtheemailer.com.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

These Terms constitute the entire agreement between you and Griffin Digital relating to your access to and use of the Service. Any additional or different terms proposed by you in any purchase order, request for proposal, or other document are hereby objected to by Griffin Digital and shall be void. The failure of Griffin Digital to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. These Terms may not be assigned or transferred by you except with our prior written consent. These Terms may be executed and delivered electronically and in one or more counterparts, each of which shall, when taken together, constitute a single document.