Terms of Service
Welcome! When you sign up for an account or use Follow Up Email Marketing, you’re agreeing to these terms and conditions (“Terms”) which forms a legal agreement between you and Follow Up Email Marketing (the “Agreement”). Follow Up Email Marketing (“FUEM”, “we”, “us”, or “our” throughout this Agreement) is an online email marketing platform and related websites, content, and other Service (taken together, the “Service”) built for Shopify stores which allows you to create, send, and manage email marketing campaigns for your store visitors and customers. FUEM has employees, independent contractors, and representatives (collectively, our “Team”). Because you’re a customer of our Service or a representative of an entity that’s a customer of our Service, you’re a “User” (aka “you”) according to this Agreement.
1. Accounts, Passwords, and Security
In order to be eligible to use our Service, you must:
* Be at least 18 years old and able to enter into contracts
* Provide accurate, current, and complete contact & billing information during the registration process (even if that information is sent to FUEM directly from Shopify)
* not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
By using the service, you represent and warrant that you meet all the requirements and that you will (a) maintain the security of your Shopify store’s password and identification; (b) maintain and promptly update the information you provide to us, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the other information you provide to us.
The Service are not intended for users who are under the age of 18 or unable to enter into contracts.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission from us.
2. Acceptable Use & Conduct
As an email marketing platform, the reputation and sending practices of our customers is incredibly important. Bad emails can cause issues for everyone, so we’ve put this section together with the goal of keeping our platform safe & secure.
You may not use our Service for any illegal or unauthorized purpose, nor may you, in the use of this Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States.
We don’t allow the following businesses or types of services to use our Service:
Gambling services or products
Work from home, make money online, and lead generation opportunities
Gambling services or products
Credit repair and get out of debt opportunities
List brokers or list rental services
Selling “Likes” or followers for a social media platform
Additionally, you may not send these types of emails through our Service:
* Any email offering to sell illegal goods or services
* Any email that violates CAN-SPAM laws or similar opt-in marketing communication laws in your jurisdiction
* Any email containing information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric, data concerning health or data concerning an individual’s sex life or sexual orientation
* Any other emails that we find, in our sole discretion, hurt our reputation or our deliverability
If your spam complaint rate is higher than 1 in 1,000 emails, we may pause your account while we work with you to reduce it. It is also your responsibility to monitor and maintain unsubscribe requests for your account that are outside of the functionalities of our Service. You may not use purchased or rented lists (either imported into FUEM, or as part of your eCommerce store) with FUEM.
We don’t allow any account with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing content.
If we feel that you’re violating any of the provisions of this section (as determined by our sole discretion), we may terminate your account immediately.
You may receive technical support for the Services by via chat and email support. At our discretion, we may limit support to accounts who have an account paid plan for the Service.
We reserve the right to modify or terminate our Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any lawful reason at any time.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of our Team can result in immediate account termination.
We do not pre-screen content and it is in our sole discretion to refuse or remove any Content that is available via the Service.
We reserve the right to provide our Service and Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that FUEM employees and contractors may also be FUEM customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
We may view, copy, and internally share content from your account to create tools that help us improve the Service.
4. Fees, Payment, and Renewal
Fees. Our Service has a free plan that you can upgrade to paid subscription (“Paid Services”) if you need a higher volume plan. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually), or on a post-pay basis until you uninstall FUEM from your Shopify store by deleting our app from your store’s apps. Bills and charges for FUEM will occur through Shopify billing and will show up as part of your store’s recurring Shopify charges.
Payment. If you payment fails or Paid Services are otherwise not paid for on time, we may cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed through Shopify’s billing. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
You may cancel your account at anytime deleting our app from your Shopify store’s Apps section.
Once cancellation is confirmed, your Content may be deleted from the Service or Service. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
If you cancel access to the Service in the middle of the month, you may receive one final invoice as part of your Shopify bill. For more details, please review Shopify’s subscription billing policies for apps.
We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
6. DMCA Notice and Takedown Procedures
We support the protection of intellectual property and asks users to do the same. It’s our policy to respond to all notices of alleged copyright infringement.
If someone believes that one of our users is infringing their intellectual property rights, they can send a DMCA Notice via email to email@example.com with the complaint, including all requisite information.
Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement.
Once provided with a notice of takedown, the user can reply with a counter notification to firstname.lastname@example.org if they object to the complaint.
The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise we restore the material.
7. Intellectual Property and Customer Content
This Agreement does not transfer from FUEM to you, any FUEM or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. FUEM, the FUEM logo & logotype, and all other trademarks, service marks, graphics and logos used in connection with our Services, or are trademarks or registered trademarks of FUEM or FUEM’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any FUEM or third-party trademarks.
We do not claim any intellectual property rights over the material you provide to the Service. All material you upload remains yours. You can remove your Service access at any time by canceling your account. This may, but will not necessarily, remove all content you have stored in the Service. If you wish the Service data to be expunged, simply send an email to email@example.com with your store URL and a message requesting the Service data to be deleted for your shop.
By uploading images and item description content to the Service, you agree to allow other internet users to view them and you agree to allow us to display and store them and you agree that we can, at any time, review all the content submitted by you to its Services or Service.
You retain ownership over all content that you submit to our Service; however, by making your store public, you agree to allow others to view your content.
8. Limited License
Unless otherwise indicated in the Service, the Service and all content and other materials contained therein, including, without limitation, FUEM logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “our Materials”) are the proprietary property of FUEM or its licensors or users and are protected by U.S. and international intellectual property laws.
You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use our Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Service.
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use our Materials for any commercial purpose; (b) distribute, publicly perform or public display of any our Materials; (c) modify or otherwise make any derivative uses of our Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of our Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer our Materials, translate our Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying our Materials or reduce our Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation Service appearing on or contained within our Materials; or (h) use our Materials other than for their intended purpose. Any use of our Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
You acknowledge that all right, title and interest in and to our Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with FUEM or its third party licensors.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting one our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Service within the designated notice period. Your continued use of our Service will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties
Our Services are provided “as is.” FUEM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FUEM nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted, or that the results that may be obtained from the use of Service will be accurate or reliable, or that the quality of any products, Service, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
12. Limitation of Liability
You expressly acknowledge, understand and agree that FUEM is not liable for any damages, losses or other claims arising or in any way occurring because of, or resulting from, your use of (or inability to use) our Service, including, without limitation, direct and indirect damages, or losses.
You expressly acknowledge, understand and agree that FUEM is not liable for any special, incidental, consequential, exemplary or similar damages in any way occurring because of, or resulting from, your use of (or inability to use) our Service, including, without limitation, damages for lost profits or business interruption and damages based on the negligence of FUEM.
Your use of this Service is at your sole risk.
13. General Representation and Warranty
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding opt-in marketing communications, online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection);
Will not infringe or misappropriate the intellectual property rights of any third party.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and use the Service to send email anyone located in the EEA, and/or otherwise collect information as a result of creating or sending emails, you represent and warrant to FUEM that:
You will clearly post, maintain, and abide by a publicly accessible privacy notice on the online stores from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of our Service, and includes a link to our Privacy Notice to Visitors to our Users’ Stores.
You will obtain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared by us for the purposes of providing the Service or as otherwise directed by you.
You will comply with all laws and regulations applicable to the emails sent through the Service, including those relating to acquiring consents (where required) to lawfully send emails and the content of your emails.
In addition, if you are an EEA Member, you understand and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section 13.
14. US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and FUEM reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold FUEM and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless from any and all claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Service, including but not limited to your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between FUEM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FUEM, or by our posting of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FUEM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
18. Questions and Contact Information
If you have any questions, concerns, complaints or comments in any way related to your use of the Service, please contact us at firstname.lastname@example.org.