This TOU (as modified from time to time by Emma, Inc. in its sole discretion) is a legal agreement between You (“Customer”, “You”, “Your”) and Emma, Inc. (“Emma”, “Company”, “We”, “Us”, “Our”) and deﬁnes the terms and conditions under which You are allowed to use the Services (as defined below). This TOU incorporates by reference the Services Agreement located at (myemma.com/legal/services-agreement (the “Agreement”, as modified from time to time by Emma, Inc. in its sole discretion) and takes effect as soon as You begin using the Services (the “Effective Date”). By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance terms of this TOU and if You enter into this TOU or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this TOU on the entity's behalf.
In order to use the Services, You must:
- be at least eighteen (18) years old;
- complete the registration process;
- provide true, complete, and up to date contact information to Emma.
By using the Services, You represent and warrant that You meet all the requirements listed above. Emma may refuse to provide the Services, suspend or close Your account, and change eligibility requirements at any time. If You have any questions, feel free to contact our support team via the support form linked here.
Section 1. Definitions
In addition to terms defined elsewhere in this TOU, the definitions below will apply to capitalized words in this TOU. Capitalized words in this TOU that are not otherwise defined above shall have the meaning ascribed in the Agreement.
- "Admin User means an individual designated by Customer within the Customer’s Account that has “Full” administrative permissions.
- "Agreement" as, used here, means the Services Agreement located at myemma.com/legal/services-agreement.
- “Law(s) means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, federal, state, or local governmental authority, including where applicable, the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) ("GDPR"). Where relevant to the Customer’s or User’s obligations, when assessing “applicability”, Customer and User shall take into account the Governing Law in Section 14 and the Laws relating to both the jurisdiction where User is using the Services and the jurisdiction where the Contact resides.
- “Malicious Code” means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system, database, or network (or other device on which such code is stored or installed), including but not limited to viruses, worms, time bombs, and Trojan horses.
- "User" means any person accessing and/or using the Subscription Service through Customer’s Account.
Section 2. Customer and User obligations
- Customer agrees to, and where applicable, shall ensure that Customers’ Users agree to:
- designate at least one Admin User who is authorized to act on behalf of Customer and its Users;
- keep contact information for the Admin User updated and promptly respond to queries from Emma sent to the Admin User’s email address;
- use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify Emma promptly of any such unauthorized access or use;
- be responsible for ensuring that User’s computer systems, technology, or other similar items used in connection with the Services do not interfere with or disrupt the integrity or performance of the Services; and
- use the Services in compliance with Laws, this TOU, and the Anti-Spam Policy available at myemma.com/legal/anti-spam-policy.
- Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, for the accuracy, quality, integrity and legality of the Customer Content and of the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer and its Users shall not, and shall not permit any Users or third parties to, directly or indirectly:
- host images or content on Emma servers or through Emma’s Services for any purpose other than for the sending of email campaigns;
- send or transfer any message through the Services that is greater than 300 Kilobytes or use the Services in any other manner that puts an excessive burden on the bandwidth of the Services;
- upload or provide any social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information (collectively, “Sensitive PII”) to the Services or use the Services to collect, transfer, or store any Sensitive PII; or
- use the Services to store or transmit material in violation of any third party rights, including Intellectual Property Rights and privacy rights.
Section 3. Restrictions on Access
Customer and its Users may not access the Subscription Services if they are a direct competitor of Emma, except with our prior written consent. In addition, Customer and its Users may not access the Emma Software for purposes of monitoring the availability, performance or functionality; build a competitive product or service; copy any features, functions or graphics of the Services; or for any other benchmarking or competitive purposes.
Section 4. Restrictions on Use
Except where the following restrictions are prohibited by Law, Customer and its Users shall not, and shall not permit any Users or third parties to, directly or indirectly:
- send or forward personal mail through the Services;
- send emails to individuals under the age of 13;
- send mail created using the Services through another service;
- copy, modify, distribute, translate, or create derivative works of the Services or any part of the Services;
- except as expressly permitted in writing by Emma, sell, resell, rent, or lease the Services or any part of the Services;
- reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services;
- remove trademark, logo, copyright, or other proprietary notices or labels from the Services or any Software;
- delete, bulk unsubscribe, or otherwise alter or modify Contact Lists in order to evade billing thresholds;
- use the Services to store or transmit Malicious Code;
- interfere with or disrupt the integrity or performance of the Services or third party data contained therein;
- hack, violate, attempt to violate, attempt to gain unauthorized access to the Services or their related systems or networks;
- attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services; or
- use the Service to encourage or facilitate any illegal activities; or break any Laws, including but not limited to those related to e-commerce, defamation or privacy.
Section 5. Right to inspect
For the purposes of providing Customer and its Users with the Services and to ensure that the terms of this TOU are being followed, Company reserves the right to inspect and monitor Customer’s Account and Customer Content at any time, without notice, and to limit Customer’s access to Customer’s Account at any time should Company have reason to believe that Customer or its Users have violated or may at some point in the future violate any terms set forth in this TOU.