Terms of Service
Last Updated: May 24th, 2018
Please read these Terms of Service (“Agreement”) carefully. By indicating your acceptance of this Agreement (such as by checking a box or clicking a button), registering for an account, or using the Pepo Campaigns website or other online products and services (“Services”), you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Services.
Notice about subscriptions: If you sign up for a subscription, please read Section 3 (Payments and Subscriptions) for important terms about recurring charges to your payment card and how to cancel your subscription.
As part of the Services, Pepo Campaigns (“Pepo Campaigns”, “we”, “our” and “us”) provides its users (“you” and “your”) with an online platform to create, launch, and manage email campaigns for end user customers (each, a “Subscriber” and, collectively, your “Subscribers”). Your use of the Services are subject to this Agreement. By using the Services, you also agree to comply with our Acceptable Use Policy, including our Anti-Spam Policy. If you are using the Services on behalf of any entity, the term “you” includes such entity, and you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf.
We may modify this Agreement, or any policy of the Services, at any time in our discretion. If we modify this Agreement, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the “Last Updated” date at the top of this Agreement. Your continued use of the Services after the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review this Agreement and applicable policies to understand the terms that apply to your use of the Services. If you do not agree to the amended Agreement, you must stop using the Services.
- Registration and Account
To access certain areas and features of the Services, you will need to register for an account. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will provide an email address and password for your Pepo Campaigns account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. Pepo Campaigns reserves the right to refuse registration of, or cancel accounts it deems inappropriate.
The Services are available only to businesses and organizations for their business (including nonprofit) purposes. The Services may not be used for personal, family or household uses. To use the Services, you must be at least 18 years of age (or the age of majority in your local jurisdiction) and able to form legally binding contracts under applicable law. By using the Services, you represent and warrant that (a) you meet these eligibility requirements, (b) you have not been previously suspended or removed from the Services and (c) you have full power and authority to enter into this Agreement and that, in doing so, you will not violate any other agreement to which you or the entity you represent are a party.
- Payments and Subscriptions
Fees for the Services can include automatically recurring subscription fees (“Subscription Fees”) and other fees that are not automatically charged on a recurring basis, such as charges for exceeding the limits of your subscription plan (“Other Fees”). The fees will be described at the time you add or change a subscription or other features or make a purchase. You agree to pay the Subscription Fees and Other Fees that you incur, as well as any applicable taxes. To order a subscription or make other purchases, you must provide a valid credit card or other payment method accepted by Pepo Campaigns. You authorize Pepo Campaigns or its designated payment service provider to charge the amounts you have incurred to your credit card or other payment method. You are responsible for keeping your card or other payment method information current. Pepo Campaigns is not responsible for delays or other problems with your email campaigns if Pepo Campaigns is unable to receive authorization to charge your credit card or other payment method.
Subscriptions will automatically renew for the subscription period specified at the time you order your subscription (such as monthly or annually), and will continue until cancelled. Subscription Fees will be charged automatically on a recurring basis at the beginning of each subscription period until your subscription is cancelled. Other Fees may be charged when incurred or deferred until a later date (such as together with your next monthly Subscription Fee). We reserve the right to suspend or terminate your subscription at any time for any reason, with or without notice.
3.3 Changes to Subscriptions
When you change your subscription to a lower priced subscription, the change will be effective at the beginning of your next subscription period.
3.4 Changes to Fees
Pepo Campaigns may change the fees at any time. However, any changes to the Subscription Fees or Other Fees applicable under your current subscription plan that you have paid for will not apply to your account until the next subscription period, and Pepo Campaigns will notify you before the effective date of such changes. Also, at any time, Pepo Campaigns may begin to charge new fees for products, services or features that were previously free or unavailable to you. You will be informed of these new fees before you are charged. You agree that such written notices may be given to you by email to the email address registered in your account. If you do not agree to a change, you must cancel your subscription by the cancellation deadline specified in the notice (or, if no cancellation deadline is specified, seven (7) days before the effective date of the change). If you do not cancel by the cancellation deadline, the fee changes described in the notice will be effective on the date specified in the notice. Applicable taxes may vary. You will not be notified in advance of changes to applicable taxes.
You may cancel your subscription and delete your account at any time by delivering written notice to Pepo Campaigns at email@example.com.
Your request will be processed by Pepo Campaigns support team upon receival and you will be receiving written confirmation as soon as cancellation of your subscription and deletion of your account is processed. Through this process all your Subscribers account data will be deleted from our servers. A cancellation notice sent by email must include Company or Organization Name and Account Name, must be sent from the primary email address of your Pepo Campaigns account, and must include the subject line: “Pepo Campaigns Subscription Cancellation.” Pepo Campaigns is not responsible for lost or misdirected notices.
When you elect to cancel your subscription and delete your account, the Services will continue to be available to you until terminated by Pepo Campaigns based on your request timeframe, and you will continue to be responsible for any Other Fees incurred as a result of email campaigns or other activity until the conclusion of your subscription during the active billing cycle. To avoid the possibility of being charged Other Fees before the cancellation of your subscription becomes effective, you must cancel all scheduled email campaigns and ensure there is no other activity in your account that may incur Other Fees.
3.6 Refund Policy
Except as otherwise specified at the time you order a subscription or make a purchase, all Subscription Fees and Other Fees are not refundable.
- Transactional Messages
As part of the Services, you may be able to send transactional messages to your Subscribers. “Transactional Messages” are defined as communications that may be automatically sent upon a trigger action by a Subscriber (for example, if a Subscriber makes a purchase on your site or application, the Subscriber may automatically receive an email with an order confirmation and shipping updates). You may not use Transactional Messages to send bulk or commercial messages to Subscribers unless the applicable Subscriber has opted in and agreed to receive such messages. If you use the Transactional Messages feature, you must allow your Subscribers to “unsubscribe” from such communications and/or allow your Subscribers to adjust their preferences to receive Transactional Messages on the relevant account settings or preferences page or tab of your services and you must promptly comply with all such “unsubscribe” requests. You must also create and operate a unique email alias or other means for keeping track of and responding to Subscriber feedback and requests regarding Transactional Messages you send.
- Acceptable Usage
You agree that your use of the Services will comply with our Acceptable Use Policy, including our Anti-Spam Policy, as may be updated by Pepo Campaigns from time to time. In addition, you agree to comply with all applicable laws in your sending of emails and other use of the Services, including the laws of the jurisdictions of the recipients of your email campaigns.
Pepo Campaigns reserves the right, but has no obligation, to monitor or review your use of the Services, including the content of your emails prepared or sent through the Services. Pepo Campaigns may remove any content that is prepared, stored, processed or sent through the Services (“User Content”) and/or suspend or terminate your use of the Services for any reason. You are solely responsible and liable for all User Content that that is prepared, stored, processed or sent through your account, with or without your authorization.
- Termination; Data Retention
Pepo Campaigns may terminate this Agreement or the Services at any time and for any reason upon notice to you (which may be given by email). Upon termination of this Agreement, your subscription and all pending email campaigns and other activities will be cancelled. Pepo Campaigns shall have no liability to you or any third party because of such termination or cancellation.
If this Agreement is terminated before the end of your subscription term, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement. Pepo Campaigns may delete any of your data in your account (including emails, email records, and email address lists) within 30 days after the date of termination without notice to you. In addition, if you have no active subscription, Pepo Campaigns may delete any of your data in your account without termination of this Agreement by sending you notice (to your email address registered in your account) at least 30 days before such deletion. Any statutory retention requirements with respect to your data or information remain your responsibility.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, terms regarding proprietary rights, disclaimer of warranties, limitations of liability, indemnification and feedback.
- Amazon Web Services [AWS]
Pepo Campaigns is integrated with Amazon Web Services (AWS) services like Amazon Simple Email Service (SES), Amazon Simple Notification Service (SNS), Amazon Simple Query Service (SQS). In the case of Standard Plans Pepo Campaigns establishes a separate account for each user organization under Pepo Campaigns’ own AWS account.
By registering for a Pepo Campaigns account or using the Services to prepare or send emails, you explicitly agree to abide by the AWS Acceptable Use Policy and AWS Service Terms, including without limitation the terms for Amazon Simple Email Service (currently located at Section 22 of the AWS Service Terms). In addition, you agree that you will only send only high-quality emails to recipients who expect to hear from you, in accordance with best practices and guidelines established by AWS from to time. For more information, see http://media.amazonwebservices.com/AWS_Amazon_SES_Best_Practices.pdf..
The performance of the Pepo Campaigns platform, quality of emails sent, email delivery, notifications and other related services will depend on the performance quality set by AWS. There may be situations where the AWS services are facing downtime which in turn will affect Pepo Campaigns services. This may result in delayed email delivery. Pepo Campaigns is not responsible for any problems with AWS that may affect your use of (including your inability to use) the Pepo Campaigns platform.
- Proprietary Rights
This is an Agreement for the Services, and you are not granted a license to any software under this Agreement. You will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services; (ii) remove any proprietary notices or labels from the Services; (iii) reproduce or copy the Services or any part thereof; (iv) modify, translate, or create derivative works based on the Services; or (v) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services. The Services shall be used for your internal business (including nonprofit) purposes only and you shall not use the Services for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
You acknowledge and agree that the Services and the trade names, logos, product and service names, slogans and other trademarks used by Pepo Campaigns (collectively, the “Marks”), and all other material comprising the Services, are the property of Pepo Campaigns, except where otherwise stated by Pepo Campaigns. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Pepo Campaigns. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Pepo Campaigns or its third party suppliers, as applicable.
- Errors, Inaccuracies and Omissions
Occasionally there may be information on our tools that contains typographical errors, inaccuracies or omissions that may relate to tools descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel any subscription to our tools if any information on the website is inaccurate at any time without prior notice (including after you have submitted your subscription).
- Disclaimer of Warranties
The services are provided on an “as is” basis without warranties of any kind. Pepo campaigns disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, pepo campaigns does not represent or warrant that the services are accurate, complete, reliable, current, original, non-infringing or error free, or that your use of the services will comply with applicable laws regulating spam, email communications or other matters implicated by your use of the services.
- Limitation of Liability
In no event shall pepo campaigns or its affiliates, or any of their respective directors, officers, employees or agents (collectively, “released entities”) be liable for any special, incidental, indirect or consequential damages, or for any loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with this agreement, including the use of or inability to use the services.
In no event shall the aggregate liability of the released entities, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or in any way connected with this agreement, including the use of or inability to use the services, exceed any compensation you pay, if any, to such released entity in connection with the services during the six (6) months before the first event giving rise to such liability.
Some jurisdictions do not allow some or all of the foregoing limitations of liability. In such case, these limitations of liability will apply to you only to the maximum extent permitted by law.
You agree to indemnify, hold harmless and, at our option, defend the Released Entities from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ and expert witness fees) arising out of or related to (a) your use of the Services, including any emails you prepare or send through the Services, (b) your violation or alleged violation of this Agreement or applicable law; and (c) your violation or alleged violation of any intellectual property, publicity, privacy, or other rights of a third party.
To the extent you provide any comments, suggestions, feedback, ideas or recommendations regarding Pepo Campaigns or the Services (“Feedback”), you agree that Pepo Campaigns and its successors may freely use and disclose such Feedback in any manner and for any purposes whatsoever, during and after the term of this Agreement, without attribution or compensation of any kind.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- Force Majeure
Pepo Campaigns will not be liable by reason of the failure in the performance of obligations under this Agreement by cause which is beyond Pepo Campaigns’ reasonable control.
- Overseas Access
Pepo Campaigns is part of Pepo Inc, a US company. The Services may be accessed throughout US and overseas. Please ensure that your use of the Services comply with the laws (including intellectual property laws) of the country where you are using the services.
- Pepo Campaigns and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement.
- Pepo Campaigns’ failure or delay to enforce any provision of this Agreement shall not be deemed a waiver of the right to later enforce such provision or any other provision of this Agreement.
- Pepo Campaigns may modify this Agreement at any time as described at the top of this Agreement.
- You may not assign this Agreement, including by operation of law, without the prior written consent of Pepo Campaigns, and your attempted assignment without such consent will be void and have no effect. Pepo Campaigns may assign this Agreement (i) to an affiliate or (ii) in connection with a merger, acquisition, reorganization, reincorporation, or sale of the business or assets to which these Terms relate. Subject to the foregoing restriction on your assignment, this Agreement will be binding on and inure to the benefit of you and Pepo Campaigns, and their respective successors and assigns.
- No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Pepo Campaigns in any respect whatsoever.
- The Agreement shall be governed by the laws of California, U.S.A., without regard to its choice or law or conflict of law provisions. You will not commence or prosecute any action, suit, proceeding or claim arising under or in connection with this Agreement other than in the state or federal courts located in San Francisco, California. You (on behalf of yourself and the company or organization you represent) irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any action, suit, proceeding or claim arising under or in connection with this Agreement.
- To the extent permitted by law, you agree to file any claim or action against a Released Entity related to this Agreement, including the use of or inability to use the Services, within one year after the event giving rise to such claim or action. Otherwise, you will waive the claim or action.
- The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this Agreement.