Videmail is a subscription-based platform

Please read these Terms & Conditions (‘Terms’) carefully. By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Videmail.co (collectively, ‘Videmail.co,’ ‘we’, ‘us’ and ‘our’). Videmail.co is owned and operated by Videmail Ltd.

We’ll start with the basics, including a few definitions that should help you understand these Terms. Videmail.co offers an online marketing platform (the ‘App’) that enables Subscribers to send video to email contact lists (each a ‘Campaign,’ and collectively, ‘Campaigns’). Videmail.co has employees, officers, directors, independent contractors and representatives (‘our Team’). The App, the Campaign(s) and the Team, are collectively, the (‘Service’). As a customer of the Service or a representative of an entity that’s a subscriber to the Service, you are a (‘Subscriber’) according to this Agreement (or ‘you’). A Videmail is a video sent by email from the App (‘Videmail’). http://videmail.co/ is the (‘Site’).

A ‘Contact’ is any person that you, a Subscriber, may contact through our Service. In other words, a Contact is anyone on a Subscriber’s contact list about whom a Subscriber has given us information or is anyone who has otherwise interacted with a Subscriber via the Service. For example, if you are a Subscriber, a contact on your email contact list would be considered a Contact. An email contact list when linked to a video on the App, becomes the Videmails that are sent by the Subscriber.

These Terms, including our Privacy Policy and the Data Processing Addendum (collectively, the ‘Agreement’) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, which, describe how we’ll treat your account and the data we collect and process about you, your end users, your contacts and customers while you’re a Subscriber. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

I. Account

1. Eligibility

In order to use the Service, you must...

1. Be at least eighteen (18) years old and able to enter into contracts.

2. a) complete the Subscriber’s account registration process; or b) complete the Agent’s account registration process; or c) complete the Salesperson’s account registration process.

3. Agree to these Terms that form part of the Agreement.

4. Provide true, complete and up-to-date contact and billing information.

By using the Service, you represent and warrant that you meet all the requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. Note: That by representing and warranting, you are making a legally enforceable promise.

Videmail.co may refuse service, close accounts of any Subscribers and change eligibility requirements at any time.

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and Videmail.co is formed and the term of the Agreement (the ‘Term’) will begin. The Term will continue for as long as you have a Videmail.co account or until you or we terminate the Agreement in accordance with these Terms. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or Videmail.co may terminate the Agreement at any time and for any reason. You may do so by terminating your Videmail.co account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation. If your account is inactive for 24 months or more, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Primary Subscription Discount credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Changes

We may change any of the Terms by posting revised Terms on our Site. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable and apply to any continued or new use of the Service. We may change the Service or any features of the Service at any time and we may discontinue the Service or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Videmail.co is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity. You will immediately notify us of any unauthorised access or use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We don’t have access to your password and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account and when you access and use the Service, is and will remain complete and accurate.

6. Account Disputes

We don’t know the inner workings of your organisation or the nature of your personal relationships. You won’t request access to or information about, an account that’s not yours and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of Videmail.co.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

Payment

You must pay Videmail.co the fees, including all taxes, indicated at the time of your Order. All Videmail.co subscription plans are recurring, monthly subscription plans. When you sign up for a Videmail.co subscription plan, you agree to monthly recurring billing. Payment will be taken automatically on the same date each month. That date will be determined by the Subscription commencement date. That period will be referred to as the ‘Billing Cycle’, there are, therefore twelve Billing Cycles in a calendar year. Payments will continue until the Subscriber cancels the subscription. That will come into effect immediately. No refunds are possible for any unused time left on either the Subscriber’s Primary Discount Credit Plan or Monthly Power User Subscription Plan or for unused Primary Discount Credit Plan credits.

All prices listed and charges made are shown in United States dollars (US$). Videmail.co reserves the right to change the pricing structure at any time. Any price revisions will be applied at the beginning of the next Billing Cycle.

All Videmail.co card payments are processed by Stripe, https://www.stripe.com/. They are a Payment Card Industry Data Security Standard compliant service provider. Videmail.co’s servers do not hold any Subscriber card information.

Consent

By using the Service, you acknowledge that the Contacts on your email contact list (‘Contact List’) have consented to receive emails from you and that in compiling your Contact List(s), you have complied it/them with all appropriate international Data Protection Legislation, including but not limited to, the European Union’s (EU) General Data Protection Regulation (GDPR). By using the Service you agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses resulting from any breach of Data Protection Legislation by You, the Subscriber. (Indemnity is an agreement to compensate someone for a loss.)

To further ensure that Videmail.co compiles with Data Protection Legislation, You, the Subscriber, will be required to confirm that all Contacts Lists compiled on the App so do. Additionally, all Videmails have an ‘Unsubscribe’ link. If a Contact requests to be unsubscribed, they will be automatically removed from that Contact List. Any attempt to reintroduce them to that list, will be a violation of the Data Protection Legislation.

Monthly Subscription Plans

Primary Discount Credit Plan

When a Subscriber signs up for a Primary Subscription Plan the first month is free. Payment card details will be taken at the commencement of the Subscription. The Subscriber’s card will not be charged until the beginning of the second Billing Cycle. However individual Videmail campaigns are chargeable and are charged on a Pay-As-You-Go basis at 2 cents (US) per Videmail, i.e. campaign by campaign. Payment will be taken immediately before the commencement of a Primary Subscriber’s Videmail campaign. Pay-As-You-Go Credits have no cash value and cannot be refunded or redeemed for cash.

Primary Subscribers can buy prepaid Videmail credits by buying one of Videmail Primary Discount Credit Plans. To do so, the Subscriber will be required to select a plan, Basic, Standard, Advanced, Premium or Ultimate based on the Subscriber’s anticipated use of the Service. Each Videmail Primary Discount Credit Plans offers different pricing and has varying usage limits. Once you select your Videmail Primary Discount Credit Plan, Videmail.co will never automatically upgrade or downgrade a plan. If Subscribers exceed their Videmail Primary Discount Credit Plan’s usage limits, they will be given the option to purchase an additional Videmail Primary Discount Credit Plan. Subscribers can buy as many Videmail Primary Discount Credit Plans as they require during a Billing Cycle.

Power User Subscription Plan

If you sign up for a Monthly Power User Subscription Plan, you will be required to select your plan, Bronze, Silver, Gold or Platinum from the options posted on our Site based on your anticipated use of the Service. Each Power User Subscription Plan offers different pricing and has varying usage limits. Once you select your Power User Subscription Plan, Videmail.co will never automatically upgrade or downgrade your Plan. If you exceed your Power User Subscription Plans usage limits, you will be given the option to purchase an additional similar or upgraded Power User Subscription Plan. Subscribers will be able to subscribe to an additional Power User Subscription Plan as many times as they require. Power User Plan Subscribers can buy multiple subscriptions, each subscription will have its own Billing Cycle, overlapping as necessary.

If an existing Primary Subscription Plan Subscriber upgrades to a Power User Subscription Plan before the end of the Primary Subscription Plan Billing Cycle, then the new Power User Subscription Plan starts immediately and the Primary Subscription runs until the end of the Billing Cycle and ends. It will be replaced by the new Power User Subscription Plan. There will be no credit given on unused Primary Subscription Plan Credits.

If a Power User Plan Subscriber wishes to downgrade to a Primary Subscription Plan, they could have credits left from that Power User Plan Subscription. Those credits will be available until the end of the Power User Plan Subscription Billing Cycle. The downgrade to a Primary Subscription Plan occurs when there are insufficient credits to send a Power User Subscriber Videmail campaign or when the Power User Subscription Plan Billing Cycle ends, whichever is the sooner. Payment is taken automatically at either of those two points.

8. Commerce Platform: Monthly Commerce Plans, Stores, Websites and Domains

10. Debit and Credit Cards

As long as you’re a Primary Plan Subscriber or Power User Plan Subscriber, you’ll provide us with valid debit or credit card (‘Card’) information and authorise us to deduct your charges against that Card. You will replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorised to use that card and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.

11. Refunds

Subscribers are not entitled to a refund or credit from us under any circumstance. However, we may, at our sole discretion, offer a refund, discount or credit.

13. Billing Changes and Taxes

We may change any of our fees, including our charges for a Primary Subscription Plan, Pay-As-You-Go Credits, Videmail Primary Discount Credit Plans and Power User Subscription Plan at any time by posting a new pricing structure to our Site or in your account and/or sending you a notification by email. Quoted prices don’t include sales or other transaction-based taxes of any kind.

‘Tax’ or ‘Taxes’ means all applicable taxes, including but not limited to indirect taxes such as goods and services tax (‘GST’), value added tax (‘VAT’), sales tax, fees, duties, levies or other similar taxes. Unless otherwise stated, any consideration, amount payable, prices, fees, payment terms and/or any other amounts are exclusive of Taxes. In the event that any amount payable by you to Videmail.co is subject to Taxes, Videmail.co shall collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which Videmail.co is entitled. You will reimburse and indemnify Videmail.co for any Taxes, interest and penalties that Videmail.co may be compelled to pay on account of your non-payment. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to Videmail.co is subject to (i) any withholding or similar tax; (ii) any Taxes not collected by Videmail.co; or (iii) any other Taxes or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility and shall not reduce the amount to which Videmail.co is entitled under the Agreement. You will indemnify and hold Videmail.co harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest thereon.

Cookies

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by online service providers in order, for example, to make their websites or services work or work more efficiently as well as to provide reporting information.

Cookies set by the website owner or service provider (in this case, Videmail.co) are called ‘first-party cookies’. Cookies set by parties other than the website owner are called ‘third-party cookies’. Third-party cookies enable third-party features or functionality to be provided on or through the website or service you are using (such as advertising, interactive content and analytics). The third parties that set these third-party cookies can recognise your computer both when it visits the website or service in question and also when it visits certain other websites or services.

Why do we use cookies and other tracking technologies?

We use first-party cookies that are required for technical reasons in order for Videmail.co to operate and we refer to these as ‘essential’ or ‘strictly necessary’ cookies.

Cookie Statement

This Cookie Statement explains how we use cookies and similar technologies in the course of our business, including through our Site(s). It explains what these technologies are and why we use them, as well as your rights to control our use of them. Capitalised terms used and not otherwise defined in this Cookie Statement have the meanings given to those terms in our Privacy Statement.

In some cases, we may use cookies and other tracking technologies described in this Cookie Statement to collect Personal Information. For more information about how we process your Personal Information, please consult our Privacy Statement.

Essential Cookies

These cookies are strictly necessary to provide you with the services and features available through the Site and the App. Because these cookies are strictly necessary to deliver the App, you cannot refuse them without impacting how the App functions.

Performance and Functionality Cookies

These cookies are used to enhance the performance and functionality of the App. They help us to know which pages are the most and least popular and to see how visitors move around the App. Although important to us, these cookies are non-essential to the use of the App. However, without these cookies, certain functionality may become unavailable.

Analytics and Customisation Cookies

These cookies collect information that is used either to help us understand how the App is being used or how effective our marketing campaigns are or to help us customise the App and application for you in order to enhance your experience.

Advertising (Targeting) Cookies

Videmail.co does not use Advertising (Targeting) Cookies.

Other tracking technologies

Our third-party service providers may also use cookies or web beacons to collect information about your visits to the App and sites to measure and track the effectiveness of advertisements and our online marketing activities (for example, by collecting data on how many times you click on one of our ads).

Facebook: We also use Meta's pixel to identify users who have landed on certain pages for the purposes of target group-orientated remarketing and advertising. The Meta pixel stores a cookie, which means that information about your visit to the App will be shared with Facebook. These cookies and the information collected are used to create target groups to help Facebook deliver advertising on our behalf to users who have previously visited the App when they are on Facebook or a digital platform powered by Facebook Advertising and to track advertising success. You can modify your Facebook Ad settings to restrict these advertisements.

We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.

Copyright and trademark policy

At Videmail.co, we respect the intellectual property rights of others and expect our Subscribers to do the same. Our Terms prohibit users from violating someone else’s intellectual property rights, including copyright and trademark.

If you believe content that belongs to you is being used through our App without your permission or users of our Service or App are selling counterfeit or infringing products, we want to know about it.

If you do submit a notice to us, please note that we may forward your notice, including your contact information, to the user who posted or used the content that you are complaining about. If you’re not sure whether content on one of our App or sent through our Service infringes your intellectual property rights, then you may want to speak with legal counsel in your area before notifying us.

Finally, before submitting a notice you may want to reach out to the person or organisation who posted or used the content you believe infringes your rights. You may be able to resolve the issue directly with that person or organisation without contacting Videmail.co, which could be done at no cost.

Copyright

Copyright law protects creative works like video, writings, music, pictures and photographs. Notices related to alleged copyright infringement may be submitted to us via email at the following email address: legal@videmail.co. When reporting a claim of copyright infringement, please ensure your notice includes the following...

    The name, address, telephone number and email address of the copyright owner.

    An identification or description of the copyrighted work that you claim is being infringed.

    A description of the content on our App or sent through our Service that you claim infringes your copyright.

    A statement that... a) you have a good faith belief that the use isn’t authorised by the copyright owner, its agent or the law; b) the information in your notice is accurate; and c) under penalty of perjury, you are the owner or you are authorised to act on behalf of the copyright owner and

    An electronic or physical signature from the copyright owner or someone authorised to act on their behalf.

The contact for notifications of claimed copyright infringement is legal@videmail.co.

Trademark

Trademark law protects words, designs, symbols or phrases that an individual or company may use to identify and distinguish their goods or services from those offered by others. Examples of trademarks include word marks, logos, brand names and slogans.

A trademark owner may be able to prevent others from using their trademark without their permission if the particular use is likely to cause confusion among consumers about who provides, endorses or is affiliated with a product or service. Such a use may amount to trademark infringement. If the particular use of a trademark is an unauthorised use of a registered mark to reproduce fake, imitation or ‘knock-off’ goods, the use may also constitute trademark counterfeiting. Knowingly trading in counterfeit goods is illegal.

Notices related to alleged trademark infringement may be submitted to us via legal@videmail.co. When reporting a claim of trademark infringement, please ensure your notice includes the following...

    The name, address, telephone number and email address of the trademark owner.

    Whether or not your claim involves the sale of counterfeit goods.

    An identification of the trademark that you claim is being counterfeited or infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration and a link to the registration or copies of your certificate of registration.

    A description of the content on the App or sent through our Service that you claim infringes your trademark or constitutes counterfeiting, including an explanation of how you believe the content is infringing or counterfeit.

    A statement that... a) you have a good faith belief that the use isn’t authorised by the trademark owner, its agent or the law; b) the information in your notice is accurate; and c) under penalty of perjury, you are the owner or you are authorised to act on behalf of the trademark owner and

    An electronic or physical signature from the trademark owner or someone authorised to act on their behalf.

This Copyright and Trademark Policy applies to the websites where Videmail.co offers the Service, including the websites https://videmail.co. This Policy also applies to all uses of our Service.

Acceptable Use

We are in this thing together. The actions individual Subscribers take can have a big impact on our system. That’s why all Videmail.co Subscribers must follow this Acceptable Use Policy in their use of the Site or the App. If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts according to our Terms & Conditions where we see behaviour, content or other factors that pose a threat to our platform. If a term is capitalised in this Acceptable Use Policy but isn’t defined, it has the meaning given to it in our Standard Terms of Use.

Prohibited Content

Please don’t use the Site or the App to distribute anything offensive, to promote anything illegal or to harass anyone. You may not use Videmail.co to create, send, display, advertise or sell (as applicable)…

    Illegal goods or services.

    Videmails that violate the CAN-SPAM act or other anti-spam laws.

    Pornography/sexually explicit content.

    Campaigns promoting or supporting terrorism or violent extremism.

    Counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights.

    Products claiming to prevent, treat or cure COVID-19 that are not approved or authorised for emergency use by regulatory or public health agencies, such as the FDA in the US, the EMA in the EU and MHRA in the UK.

    Products that are in demand due to COVID-19 with excessive pricing, price gouging or deceptive pricing practices or in demand due to COVID-19 and prohibited by applicable law.

Some industries have higher-than-average abuse complaints, which can jeopardise deliverability. In order to maintain the reliability of our platform, we may not allow businesses that offer these types of services, products or content…

    Escort services, mail-order bride/spouse finders, international marriage brokers and other similar sites and services.

    Hookup, swinger or sexual encounter sites or services.

    Pharmaceutical products.

    Work-at-home scams, 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.

    Cryptocurrencies, virtual currencies and any digital assets related to an Initial Coin Offering.

Content Subject to Additional Scrutiny

We’ve also found that certain types of content may cause higher-than-average abuse rates. For that reason, we may closely review accounts that offer the following services, products or content...

    Online trading, day trading tips or stock market related content.

    Nutritional, herbal and vitamin supplements.

    Adult entertainment/novelty items.

    Online dating services and applications (dating sites or services with a sexual emphasis or sexually explicit content including images depicting nudity are not permitted).

    Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content.

    Products in demand due to COVID-19 and regulated by applicable law.

If we identify abuse in our sole discretion, we may suspend or terminate the account.

Prohibited Actions

We work hard to maintain the positive reputation of our App but we count on our Subscribers to pitch in too. You may not...

    Send Spam. Spam can be in the form of bulk Videmails or one to one commercial Videmails.

    Include in your Campaigns, Websites, Ads or account or sell in your Store any material that wasn’t created by you, provided for you to use or that would violate anyone’s rights. That includes video, text, photos, graphics and other content.

    Use any misleading or incorrect names, addresses, email addresses, subject lines or other information in the Service or in any Campaigns created, managed or sent using our Service.

    Share your password.

    Decipher, decompile, disassemble or reverse engineer any of the Software.

    Use any of the Software to create a competing product.

    Import or incorporate any of this information into any account, Videmails or otherwise upload to our servers social Security numbers, passwords, security credentials or sensitive personal information.

    Upload or send Videmail Campaigns to purchased, rented, third-party, co-reg, publicly available data or partner lists of any kind.

    Host videos on our servers for any purpose other than for your use of the Service.

    Host Content on our servers for any purpose other than for your use of the Service.

    Except as permitted under our Standard Terms of Use, take any action intended to avoid our billing thresholds.

    Send bulk Videmails, meaning Videmails directed to a number of individuals with the same content.

    Send bulk Videmails, meaning commercial or marketing Videmails directed to a number of individuals with the same content.

    Sell or offer to sell any counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights.

Best Practices

As a marketing platform with clients all over the world, we feel it’s our responsibility to be extra vigilant in preventing abuse of our services to protect both our customers and their contacts. It’s also in our best interest to keep the platform clean because our reputation and deliverability depend on it. For that reason, we provide and may update from time to time, articles outlining best practices in our knowledge base. For example, we offer guidelines about audience permission and best practices. You may only use Videmail.co in accordance with these best practices and we may suspend or terminate your account if you violate them.

III. Rights

14. Feedback and Proprietary Rights

Videmail Ltd owns all proprietary rights in the Service and the App, including but not limited to, patents, trademarks, service marks, trade secrets, copyrights and other intellectual property rights. You will respect our proprietary rights in the Service and Site.

You shall retain all rights, title and interest in and to the material, content, data and information (including your personal information and the personal information of others) you submit to Videmail.co in the course of using the Service or which Videmail.co otherwise retrieves or accesses at your direction or with your permission (collectively, your ‘Content’). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms, including as further provided under Section 15. You represent and warrant that... i) you own or have otherwise obtained all necessary rights, releases and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms; and ii) your Content and its submission and use as you authorise in these Terms will not violate 1) any applicable law; 2) any third-party intellectual property, privacy, publicity or other rights; or 3) any of your or third-party policies or terms governing your Content.

You may provide or we may ask you to provide suggestions, comments, input or other feedback (‘Feedback’) regarding the Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable and transferable license to use, reproduce, publicly display, distribute, modify and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback and that we may use any Feedback you provide to improve the Service or to develop new features and services.

15. Privacy

Your privacy is important to us. Please read our Privacy Policy at for information about how we collect, use and disclose your personal information and the privacy rights available to you when you use and interact with the Service.

For the purposes of privacy and data protection laws, for much of the personal information we process when providing the Service, we act as your processor or service provider in accordance with our Data Processing Addendum. However, there are certain instances, as more fully described in our Privacy Policy statement, where we process personal information, including Content and other data from Subscriber accounts, as a controller to provide and develop the Service and for other important business purposes (e.g., for billing, administrative, security and product improvement purposes). As described in our Privacy Policy, this includes sharing such information with our parent entity, Videmail Ltd to provide, develop and improve other Videmail.co products and services that you connect through the Service, including to provide you with greater insights about your business and to personalise your user experience within the App.

When we, as a controller, process data that originates from the European Economic Area, UK or Switzerland in a country that has not been found to provide an adequate level of protection under applicable data protection laws, we shall process such data in compliance with the standard contractual clauses between controllers annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 or the equivalent clauses adopted by the UK Government and currently located here (the ‘Controller-to-Controller Clauses’). The terms of the Controller-to-Controller Clauses are incorporated herein by reference and form an integral part of the Agreement between you and Videmail.co.

16. Right to Review Content, Campaigns and Sites

We may view, copy and internally distribute Content from your Campaigns, your Sites, your Third-Party Integrations (as defined below) and your account to create algorithms and programs (‘Tools’) that help us spot problem accounts and improve the Service, among other uses permitted by these Terms or our Global Privacy Statement. For instance, we use these Tools to find Subscribers who violate these Terms or applicable laws and to study data internally to make the Service smarter and create better experiences for Subscribers and their contacts. We may aggregate and anonymise data, including data from the Content of your Campaigns, Sites and Third-Party Integrations to create statistical information. We own all such aggregated and anonymised data and may use it, including but not limited to, operating, analysing, improving or marketing our products and services and sharing such data externally for research, marketing or other lawful purposes.

IV. Rules and abuse

17. General Rules

By agreeing to these Terms, you promise to follow these rules...

    You won’t send spam!

    You won’t use purchased, rented or third-party lists of email addresses.

    You will comply with our Acceptable Use Policy, which forms part of these Terms.

    If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.

Videmail.co doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign, create or manage a Site or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following...

    A Threat of Physical Harm. This means any statement, photograph, advertisement or other Content that in our sole judgment could be reasonably perceived to threaten, advocate or incite physical harm to or violence against others.

    Hateful Content. This means any statement, image, photograph, advertisement or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either…

    An organisation that has publicly stated or acknowledged that its goals, objectives, positions or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage or sponsor Hateful Content or A Threat of Physical Harm.

    A person that has publicly made a comment or statement or otherwise publicly made known a position, including by membership in an organisation as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.

    A person or organisation that has acted in such a way as could be reasonably perceived to support, condone, encourage or represent Hateful Content or A Threat of Physical Harm.

Videmail.co also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances.

If you violate any of these rules, then we may issue a warning to suspend or terminate your account.

18. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Subscriber, please report it to us on legal@videmail.co. If you think anyone has posted material that violates any protected marks or copyrights, also please report it to us on legal@videmail.co.

19. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images or data on our servers for anything else. We may throttle your sending or connection through our API at our discretion.

20. Compliance with Laws and Regulations

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLBA, Data Protection Laws (as defined in the Data Processing Addendum), anti-corruption and anti-bribery laws and regulations and any other applicable economic sanctions and export control laws and regulations (‘Global Trade Laws and Regulations’) or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any activities prohibited by United Kingdom law.

If you collect any personal information pertaining to a minor and store such information within your Videmail.co account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

You agree, represent and warrant to Videmail.co that...

    You will clearly post, maintain and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that; a) satisfies the requirements of applicable Data Protection Laws; b) describes your use of the Service; and c) includes a link to our Global Privacy Statement.

    You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to the App and to enable such data to be lawfully collected, processed and shared by Videmail.co for the purposes of providing the Service or as otherwise directed by you.

    You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to a) acquiring consents (where required) to lawfully send Campaigns; b) the Content of Campaigns; and c) your Campaign deployment practices.

    You will provide all notices and obtain all necessary consents required by applicable Data Protection Laws to enable Videmail.co to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in our Cookie Statement.

To the extent Videmail.co processes your Content protected by Data Protection Laws as a processor on your behalf (all as defined in the DPA), you and Videmail.co shall be subject to and comply with the Videmail.co Data Processing Addendum (DPA), which is incorporated into and forms an integral part of these Terms. The DPA sets out our obligations with respect to data protection and security when processing your Content on your behalf in connection with the Service.

In addition, if you are subject to EU Data Protection Law (as defined in the Data Processing Addendum), you acknowledge and agree that we have your prior written authorisation to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

V. Liability

22. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Site; ii) Videmail.co and our Team won’t be liable for any indirect, punitive, special or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and iii) in any calendar month, the total liability of Videmail.co and our third-party providers, licensors, distributors or suppliers to you arising out of or relating to the Agreement whether in contract, tort (including negligence), breach of statutory duty or otherwise will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will Videmail.co or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

23. No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions or undertakings of any kind in relation to the Service, either express or implied. This includes but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability or non-infringement or any warranties with respect to the accuracy, reliability or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Subscribers use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

24. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a ‘Limitation of Liability’ or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to i) your Content, Campaigns or Sites; ii) your use of the Service; iii) your violation of any laws or regulations; iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement; v) any misrepresentations made by you; or vi) a breach of any representations or warranties you’ve made to us.

25. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

26. Subpoena Fees

If we have to provide information in response to a subpoena, court order or other legal, governmental or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents and participating in a deposition.

27. Disclaimers

We and our Team aren’t responsible for the behaviour of any third parties, agencies, linked websites or other Subscribers, including third-party applications, products or services for use in connection with the Service.

VI. Other Important Stuff

Published and unpublished rights are reserved under the copyright laws of the United Kingdom. The owner of the Site and the App is Videmail Ltd, incorporated under the Companies Act 2006 as a private company, that the company is limited by shares and its registered office is in England and Wales.

29. Assignments

You may not assign any of your rights under the Agreement to anyone else. We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.

30. Choice of Law

The United Kingdom laws will govern all disputes arising out of or relating to the Service and the Agreement, regardless of conflict of laws rules.

31. Dispute Resolution

You and Videmail.co agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Service or this Agreement (a ‘Claim’) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.

Either you or Videmail.co can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Videmail.co may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence.

You and Videmail.co agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Videmail.co therefore agree that, after a Notice of Claim is sent but before either you or Videmail.co commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by the Agreement. If you are represented by counsel, your counsel may participate in the conference as well but you agree to fully participate in the conference. Likewise, if Videmail.co is represented by counsel, its counsel may participate in the conference as well but Videmail.co agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Videmail.co may file a Claim in small claims court. You agree that you may not file a claim in small claims court unless you and Videmail.co are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Videmail.co during that time.

You and Videmail.co 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. Further, if you have elected arbitration, unless both you and Videmail.co agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Videmail.co believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Videmail.co may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Dispute Resolution Section shall be null and void.

32. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions and acts of hackers or third-party internet service providers.

33. Survivability

Even if the Agreement is terminated, the following sections will continue to apply... Feedback and Proprietary Rights, Compliance with Laws and Regulations, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, Choice of Law, Severability and Entire Agreement.

34. Severability

If a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required and the rest of the Agreement will still be valid.

36. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms and we may still take action at some point.

37. No Changes in Terms at Request of Subscriber

Because we have so many Subscribers, we can’t change these Terms for any one Subscriber or group.

38. Further Actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

39. Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Videmail.co for such incident.

41. Notices

Any notice to you will be effective when we send it to the last email address you gave us or when posted on our Site. Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile or any other profile or seat associated with the account.

42. Entire Agreement

The Agreement, including these Terms and any Additional Terms you’ve agreed to by enabling any Add-ons, make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate or use the corresponding Add-on or feature of the Service.

Congratulations! You’ve reached the end.

Effective as of 01 July 2024.

Introduction

Videmail Ltd (‘Videmail’, ‘Us’, ‘Our’ or ‘We’), is committed to assuring that the videmail.co website (‘Site’) and the Videmail App (the ‘App’), provides a safe environment for both website visitors (‘Visitors’), Advertising agency contacts (‘Agents’), free or paid plans App users (‘Subscribers’), people on the Subscribers’ email contact lists (‘Contacts’) and Videmail’s sales team (‘Sales’). Agents and Subscribers together are (Users). We need to collect, process and store some Personal and Navigational information in order to provide you with an ability to review the Videmail App content, allow for using Videmail App service and subscribe to it, make online payments and submit support requests.

We take our obligation to protecting your privacy seriously. This Privacy Policy (herein the ‘Policy’) applies to the Site and the App and it administers the ways we collect, process and store data. The Policy has a direct reference to the Standard Terms of Use and applies to it. It also explains how website visitors, agents and subscribers can exercise their rights to obtain, access, erase, use or rectify their Personal Information that was of their own free will submitted to us.

When you browse the Site, subscribe to the App plans, buy credits, use the App, leave support requests or perform an online payment, you give consent and fully agree to the Policy under which Videmail collects, processes, uses, stores and discloses Personal Information. If you do not agree with the points stated in this Policy, you should not browse the Site, subscribe to the App free or paid plans, buy credits, use the App, perform an online payment, submit support requests and perform other activities, which may result in supplying us with their Personal and Navigational Information.

Videmail Ltd is incorporated under the Companies Act 2006 and registered as a private company in England and Wales. Videmail Ltd processes and stores Personal Data of EU citizens, who browses the Site or subscribes to a free or paid for App plan, submits support requests, performs online payment and performs other activities, which may result in supplying us with their Personal and Navigational Information.

1. App User and Site Visitor Data

1.1 Data You Provide

When you register an account, subscribe to the App, subscribe to the App free or paid plans, buy credits, email us or in any other way submit your Personal Information to us, Videmail may collect, process and store the following data: your first and last name, phone number, your email address, company or organisation name, your postal address and your billing address. Videmail only requests personal information that is needed to process and record payments made by you, the Client and/or to comply with data protection legislation.

We do not store your card details on any of our internal resources/databases but transfer them instantly to our merchant payment provider, Stripe (https://stripe.com/) for further processing. They are a Payment Card Industry Data Security Standard compliant service provider. When receiving an online payment, we collect billing address, your card details: number, cardholder name, card number, expiry date, postal/zip code and the Card Security Code (CSC) or the Card Verification Value (CVV).

We will keep a record of your purchases, any marketing, sales and support-related communication and replies, general App usage statistics in order to provide you with the high-level App and support services.

1.2 Data We Collect Automatically

Videmail may collect information through our Site and App. The data we gather from your device: it’s type, IP address, the browser you are using, OS (operating system), as well as the referral site (if any) from which you entered the Videmail website. When you are on the Site, we may also monitor your online behaviour, including the time of your visit, your online activity on the website including the URL clickstream through the Site, the pages you visited, the time you spent viewing them and the frequency of your visits. We gather this data automatically through commonly used data-gathering technologies, like cookies and web beacons in order to understand how Subscribers, agents and website visitors browse the Site and use the App. This data helps us manage the Site and App, analyse general online behaviour and usage trends.

When you browse the Site or use the App, we collect Personal and Navigational Information along with the unique User IDs. In addition, we aggregate extra data that refers to the user flow, such as the start and the end of a web session, page views, purchase and checkout. We may associate this data with the information we store within the analytics software to Personal Information that you submit to us. We do this to enhance our App and Site content and UX, as well as use this data to improve the App functionality, our marketing communication and analytics.

2. Types of Information

2.1 Personal Information

Under ‘Personal Information’ we understand any data that you of your own free will provide us with, such as your first and last name, phone number, your email address, company or organisation name, your postal address and your billing address. We also collect Client ID that is assigned to your browser and User ID that is associated with the use of the App and your personal account. Personal Information also refers to other information that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google and includes any other publicly available data that you previously agreed to share and that is available from other service providers.

2.2 Navigational Information

‘Navigational Information’ refers to your computer and your visits to the Site and App such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed.

2.3 Sensitive Information

Videmail does not intentionally collect and Visitors should not provide any information about medical or health conditions, race and ethnic origin, political opinions, religious and philosophical beliefs, as well as bank account information, tax and passport numbers, driver’s licence or other similar personal identifiers.

When you subscribe to the Videmail App, Videmail collects the bank card numbers and billing information. However, Videmail does not process it, but passes it over to Stripe (https://stripe.com/) for further processing. They are a Payment Card Industry Data Security Standard compliant service provider. Except for the bank card number and billing data that are required to collect payment, we do not gather Sensitive Information from you.

3 Videmails

Videmails are the means by which Subscribers send videos to their Contacts. Each Videmail includes the physical address of the company, organisation or individual sending it. When sending Videmails, Subscribers must not use deceptive subject lines, false or misleading information. In order to send a Videmail, if it is an advertisement, Subscribers must identify as such.

4. Use of the Information We Collect

4.1 Compliance with this Privacy Policy

Videmail uses the data it collects only in compliance and according to this Privacy Policy. Therefore, both the Visitors and the User should carefully read this Privacy Policy and other agreements published on the Site or as part of the App before proceeding with browsing the site or using the App.

4.2 How We Use Personal Information We Collect

We use Personal Information we collect from our App customers and Site visitors to…

    Enhance your user experience while browsing the Site and applying the App for your projects.

    Manage the Site’s content and customise it according to the user preferences.

    Manage the Site’s and App’s security and system administration.

    Create accounts and provide information to a Payment Card Industry Data Security Standard compliant service provider for payment processing.

    Respond to customer support and other Site- or App-related requests.

    Communicate with the Users, inform them about important product- and company-related updates.

    Put together and analyse the statistical data of the Site and App usage.

    Investigate unauthorised access and use of the Site or App, fraud, breach and other illegitimate actions.

4.3 Use of Bank Card Information

When you subscribe to the App, Videmail collects the bank card numbers and billing information. However, Videmail does not process it, but immediately passes it over to Stripe (https://stripe.com/) for further processing. They are a Payment Card Industry Data Security Standard compliant service provider. Stripe stores your data in order to charge you on a monthly basis for the App services. The billing process will continue until you cancel your subscription to your App account.

4.4 Service Providers

Videmail may employ other persons (‘Agents’) to perform tasks or provide services to website visitors or App users and may need to share your Personal or Navigational Information with them to provide data, products and services to you. These tasks and services may include marketing and support activities, analysing different types of data, providing advisory and legal services. In all the cases when Videmail shares your information with such Agents, we request that the agent accept and strictly observe our Privacy Policy.

4.5 Personal Information Security

Videmail applies different security technologies, guidelines and procedures to ensure complete security, as well as full confidentiality of the Personal Information you provide. We also take measures to avoid unauthorised access to personal data and electronic communication systems. Your Personal Information is securely stored on servers and protected from unauthorised usage, leaks and exposure. The transfer of any sensitive data, like bank card details, to an authorised third party happens using encryption (such as the Secure Socket Layer protocol and the Transport Layer Security) which guarantees complete safety and security of your data.

For any questions that relate to the security of your Personal Information, please email us at legal@videmail.co.

4.6 Social Media Features

The Site incorporates some social media features and widgets. It allows to ‘Share’ for Facebook content, ‘Share’ for Instagram content and ‘Tweet’ for Twitter content. These social media features (buttons) may gather some website visitor-related (IP address, page visits) information. The actions connected to the social media features and widgets are covered by the policy of the company which enables them.

4.8 Data Retention

Videmail will retain your Personal Information for the period required to fulfil the obligations it took as an App provider and Site owner or unless a longer period of time is required by law for tax, legal or other regulatory reasons. Videmail will delete all Personal Information when Subscribers cancel their subscription.

4.9 Compelled Disclosure

Videmail reserves the right to disclose personal data to public authorities in accordance with a legal liability to perform their duties, such as customs and tax authorities, financial investigation units, judicial administration and other parties if United Kingdom law allows to exercise such disclosure in the public interest, including protection of Users and other people’s safety.

5. Data Subject Rights

5.1 Subscribers, Agents, Contacts and Sales (‘Recipients’) Rights

Our Site visitors and App users have the following rights…

    To request access to Personal Information.

    To request us to delete Personal Information.

    To remove consent from being contacted by email, phone and other means of communication.

    To request that we update, correct or remove any omissions in Personal Information that we store.

    To opt out from all kinds of direct marketing and other communication.

    To object the processing of Personal Information or ask us to restrict the processing of Personal Information or request portability of your Personal Information.

    To withdraw your consent from collection and processing of Personal Information at any time. Withdrawing consent will not affect the lawfulness of any processing we conducted prior to withdrawal, nor will it affect processing of Personal Information conducted in reliance on lawful processing grounds other than consent.

    To complain to a data protection authority about our collection and use of your Personal Information.

In order to exercise any of these rights, please email us at legal@videmail.co. We will provide a response to your request as soon as possible, informing you about the steps we have taken to ensure that your rights are exercised.

5.2 Opting Out from Our Communication

Recipients may opt out from our marketing communications by pressing the ‘unsubscribe’ link, which is at the bottom of all our Videmails. Marketing communications include Videmails from Videmail to Agents, Subscribers and Sales; Videmails from Subscribers to Contacts; Videmails from Sales to Agents, Subscribers and potential Subscribers and Videmails from Agents to potential Subscribers and Subscribers. Recipients will immediately be removed from the appropriate contact list. All personal data is removed from our servers except we retain Contacts first name, last name and email address. We do this to prevent Subscribers re-adding Contacts to their email contact list that have requested to be unsubscribed. Retaining the capacity to cross reference names and email addresses makes this impossible.

Subscribers cannot unsubscribe from our transactional emailing, which also includes welcome, forgotten password, confirmation, billing related emails, invoicing, critical product updates and other information which refers to Videmail App account.

5.3 Children’s Information

Our Site and App are not intended for children’s use. We do not knowingly accumulate any data from children under the age of 18. If you think that we might have gathered some information from children under the age of 18, please let us know at legal@videmail.co and we will delete this data from our databasesx.

6. International Transfer of Information

6.1 The International Transfer

To perform our operations, we may transfer and access Personal Information from around the world, including the United Kingdom, the United States, the EU and other countries. While transferring the data, we take the necessary measures to safeguard the activity in general and the Data Subjects in particular to ensure an appropriate level of protection for their fundamental rights. The Privacy Policy shall apply even if Personal Information is transferred or accessed from other countries.

We use third-party services (as described in this Privacy Policy), which may be based in other countries that may not have equivalent Privacy and Data Protection laws to the country in which you reside. When we share information about customers residing in the European Union, the United Kingdom and Switzerland, European Commission-approved standard contractual data protection clauses or other appropriate legal mechanisms apply to safeguard the transfer.

General Data Protection Regulation (GDPR)

Hostgator, a Houston-based web hosting service company is Videmail’s dedicated web server host. HostGator has been GDPR compliant since 25 May 2018.

Effective: 01 July 2024

Please read these Terms & Conditions (‘Terms’) carefully. By using the Service (defined below) or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Videmail.co (collectively, ‘Videmail.co,’ ‘we’, ‘us’ and ‘our’). Videmail.co is owned and operated by Videmail Ltd.

We’ll start with the basics, including a few definitions that should help you understand these Terms. Videmail.co offers an online marketing platform (the ‘App’) that enables Subscribers to send video to email contact lists (each a ‘Campaign,’ and collectively, ‘Campaigns’). Videmail.co has employees, officers, directors, independent contractors and representatives (‘our Team’). The App, the Campaign(s) and the Team, are collectively, the (‘Service’). As a customer of the Service or a representative of an entity that’s a subscriber to the Service, you are a (‘Subscriber’) according to this Agreement (or ‘you’). A Videmail is a video sent by email from the App (‘Videmail’). http://videmail.co/ is the (‘Site’).

A ‘Contact’ is any person that you, a Subscriber, may contact through our Service. In other words, a Contact is anyone on a Subscriber’s contact list about whom a Subscriber has given us information or is anyone who has otherwise interacted with a Subscriber via the Service. For example, if you are a Subscriber, a contact on your email contact list would be considered a Contact. An email contact list when linked to a video on the App, becomes the Videmails that are sent by the Subscriber.

These Terms, including our Privacy Policy and the Data Processing Addendum (collectively, the ‘Agreement’) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, which, describe how we’ll treat your account and the data we collect and process about you, your end users, your contacts and customers while you’re a Subscriber. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

I. Account

1. Eligibility

In order to use the Service, you must...

1. Be at least eighteen (18) years old and able to enter into contracts.

2. a) complete the Subscriber’s account registration process; or b) complete the Agent’s account registration process; or c) complete the Salesperson’s account registration process.

3. Agree to these Terms that form part of the Agreement.

4. Provide true, complete and up-to-date contact and billing information.

By using the Service, you represent and warrant that you meet all the requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. Note: That by representing and warranting, you are making a legally enforceable promise.

Videmail.co may refuse service, close accounts of any Subscribers and change eligibility requirements at any time.

2. Term

When you sign up for an account and agree to these Terms, the Agreement between you and Videmail.co is formed and the term of the Agreement (the ‘Term’) will begin. The Term will continue for as long as you have a Videmail.co account or until you or we terminate the Agreement in accordance with these Terms. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. Closing Your Account

You or Videmail.co may terminate the Agreement at any time and for any reason. You may do so by terminating your Videmail.co account or we may do so by giving notice to you that we are terminating the Agreement. We may suspend the Service to you at any time, with or without cause. We won’t refund or reimburse you in any situation. If your account is inactive for 24 months or more, we may terminate your account and you won’t be entitled to a refund for any prepaid amounts or reimbursement for unused Primary Subscription Discount credits. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.

4. Changes

We may change any of the Terms by posting revised Terms on our Site. Unless you terminate your account, the new Terms will be effective immediately upon posting on the effective date indicated in the new Terms, as applicable and apply to any continued or new use of the Service. We may change the Service or any features of the Service at any time and we may discontinue the Service or any features of the Service at any time.

5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Videmail.co is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorised that activity. You will immediately notify us of any unauthorised access or use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We don’t have access to your password and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account and when you access and use the Service, is and will remain complete and accurate.

6. Account Disputes

We don’t know the inner workings of your organisation or the nature of your personal relationships. You won’t request access to or information about, an account that’s not yours and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on a number of factors, including the content in that account and the contact and profile information listed for that account. In cases where differing contact and profile information is present or we are unable to reasonably determine ownership, we’ll require you to resolve the matter through proper channels outside of Videmail.co.

When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.

Payment

You must pay Videmail.co the fees, including all taxes, indicated at the time of your Order. All Videmail.co subscription plans are recurring, monthly subscription plans. When you sign up for a Videmail.co subscription plan, you agree to monthly recurring billing. Payment will be taken automatically on the same date each month. That date will be determined by the Subscription commencement date. That period will be referred to as the ‘Billing Cycle’, there are, therefore twelve Billing Cycles in a calendar year. Payments will continue until the Subscriber cancels the subscription. That will come into effect immediately. No refunds are possible for any unused time left on either the Subscriber’s Primary Discount Credit Plan or Monthly Power User Subscription Plan or for unused Primary Discount Credit Plan credits.

All prices listed and charges made are shown in United States dollars (US$). Videmail.co reserves the right to change the pricing structure at any time. Any price revisions will be applied at the beginning of the next Billing Cycle.

All Videmail.co card payments are processed by Stripe, https://www.stripe.com/. They are a Payment Card Industry Data Security Standard compliant service provider. Videmail.co’s servers do not hold any Subscriber card information.

Consent

By using the Service, you acknowledge that the Contacts on your email contact list (‘Contact List’) have consented to receive emails from you and that in compiling your Contact List(s), you have complied it/them with all appropriate international Data Protection Legislation, including but not limited to, the European Union’s (EU) General Data Protection Regulation (GDPR). By using the Service you agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses resulting from any breach of Data Protection Legislation by You, the Subscriber. (Indemnity is an agreement to compensate someone for a loss.)

To further ensure that Videmail.co compiles with Data Protection Legislation, You, the Subscriber, will be required to confirm that all Contacts Lists compiled on the App so do. Additionally, all Videmails have an ‘Unsubscribe’ link. If a Contact requests to be unsubscribed, they will be automatically removed from that Contact List. Any attempt to reintroduce them to that list, will be a violation of the Data Protection Legislation.

Monthly Subscription Plans

Primary Discount Credit Plan

When a Subscriber signs up for a Primary Subscription Plan the first month is free. Payment card details will be taken at the commencement of the Subscription. The Subscriber’s card will not be charged until the beginning of the second Billing Cycle. However individual Videmail campaigns are chargeable and are charged on a Pay-As-You-Go basis at 2 cents (US) per Videmail, i.e. campaign by campaign. Payment will be taken immediately before the commencement of a Primary Subscriber’s Videmail campaign. Pay-As-You-Go Credits have no cash value and cannot be refunded or redeemed for cash.

Primary Subscribers can buy prepaid Videmail credits by buying one of Videmail Primary Discount Credit Plans. To do so, the Subscriber will be required to select a plan, Basic, Standard, Advanced, Premium or Ultimate based on the Subscriber’s anticipated use of the Service. Each Videmail Primary Discount Credit Plans offers different pricing and has varying usage limits. Once you select your Videmail Primary Discount Credit Plan, Videmail.co will never automatically upgrade or downgrade a plan. If Subscribers exceed their Videmail Primary Discount Credit Plan’s usage limits, they will be given the option to purchase an additional Videmail Primary Discount Credit Plan. Subscribers can buy as many Videmail Primary Discount Credit Plans as they require during a Billing Cycle.

Power User Subscription Plan

If you sign up for a Monthly Power User Subscription Plan, you will be required to select your plan, Bronze, Silver, Gold or Platinum from the options posted on our Site based on your anticipated use of the Service. Each Power User Subscription Plan offers different pricing and has varying usage limits. Once you select your Power User Subscription Plan, Videmail.co will never automatically upgrade or downgrade your Plan. If you exceed your Power User Subscription Plans usage limits, you will be given the option to purchase an additional similar or upgraded Power User Subscription Plan. Subscribers will be able to subscribe to an additional Power User Subscription Plan as many times as they require. Power User Plan Subscribers can buy multiple subscriptions, each subscription will have its own Billing Cycle, overlapping as necessary.

If an existing Primary Subscription Plan Subscriber upgrades to a Power User Subscription Plan before the end of the Primary Subscription Plan Billing Cycle, then the new Power User Subscription Plan starts immediately and the Primary Subscription runs until the end of the Billing Cycle and ends. It will be replaced by the new Power User Subscription Plan. There will be no credit given on unused Primary Subscription Plan Credits.

If a Power User Plan Subscriber wishes to downgrade to a Primary Subscription Plan, they could have credits left from that Power User Plan Subscription. Those credits will be available until the end of the Power User Plan Subscription Billing Cycle. The downgrade to a Primary Subscription Plan occurs when there are insufficient credits to send a Power User Subscriber Videmail campaign or when the Power User Subscription Plan Billing Cycle ends, whichever is the sooner. Payment is taken automatically at either of those two points.

8. Commerce Platform: Monthly Commerce Plans, Stores, Websites and Domains

10. Debit and Credit Cards

As long as you’re a Primary Plan Subscriber or Power User Plan Subscriber, you’ll provide us with valid debit or credit card (‘Card’) information and authorise us to deduct your charges against that Card. You will replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorised to use that card and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order for any reason, we’ll try to contact you by email and may suspend your account until your payment can be processed.

11. Refunds

Subscribers are not entitled to a refund or credit from us under any circumstance. However, we may, at our sole discretion, offer a refund, discount or credit.

13. Billing Changes and Taxes

We may change any of our fees, including our charges for a Primary Subscription Plan, Pay-As-You-Go Credits, Videmail Primary Discount Credit Plans and Power User Subscription Plan at any time by posting a new pricing structure to our Site or in your account and/or sending you a notification by email. Quoted prices don’t include sales or other transaction-based taxes of any kind.

‘Tax’ or ‘Taxes’ means all applicable taxes, including but not limited to indirect taxes such as goods and services tax (‘GST’), value added tax (‘VAT’), sales tax, fees, duties, levies or other similar taxes. Unless otherwise stated, any consideration, amount payable, prices, fees, payment terms and/or any other amounts are exclusive of Taxes. In the event that any amount payable by you to Videmail.co is subject to Taxes, Videmail.co shall collect the full amount of those Taxes from you and said collection shall not reduce or somehow impact the amount to which Videmail.co is entitled. You will reimburse and indemnify Videmail.co for any Taxes, interest and penalties that Videmail.co may be compelled to pay on account of your non-payment. You must pay any applicable Taxes. In the event that any payments and/or amount payable by you to Videmail.co is subject to (i) any withholding or similar tax; (ii) any Taxes not collected by Videmail.co; or (iii) any other Taxes or other government levy of whatever nature, the full amount of that tax or levy shall be solely your responsibility and shall not reduce the amount to which Videmail.co is entitled under the Agreement. You will indemnify and hold Videmail.co harmless against any and all claims by any competent tax authority related to any such withholding or similar taxes and any penalties and/or interest thereon.

Cookies

What are cookies?

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by online service providers in order, for example, to make their websites or services work or work more efficiently as well as to provide reporting information.

Cookies set by the website owner or service provider (in this case, Videmail.co) are called ‘first-party cookies’. Cookies set by parties other than the website owner are called ‘third-party cookies’. Third-party cookies enable third-party features or functionality to be provided on or through the website or service you are using (such as advertising, interactive content and analytics). The third parties that set these third-party cookies can recognise your computer both when it visits the website or service in question and also when it visits certain other websites or services.

Why do we use cookies and other tracking technologies?

We use first-party cookies that are required for technical reasons in order for Videmail.co to operate and we refer to these as ‘essential’ or ‘strictly necessary’ cookies.

Cookie Statement

This Cookie Statement explains how we use cookies and similar technologies in the course of our business, including through our Site(s). It explains what these technologies are and why we use them, as well as your rights to control our use of them. Capitalised terms used and not otherwise defined in this Cookie Statement have the meanings given to those terms in our Privacy Statement.

In some cases, we may use cookies and other tracking technologies described in this Cookie Statement to collect Personal Information. For more information about how we process your Personal Information, please consult our Privacy Statement.

Essential Cookies

These cookies are strictly necessary to provide you with the services and features available through the Site and the App. Because these cookies are strictly necessary to deliver the App, you cannot refuse them without impacting how the App functions.

Performance and Functionality Cookies

These cookies are used to enhance the performance and functionality of the App. They help us to know which pages are the most and least popular and to see how visitors move around the App. Although important to us, these cookies are non-essential to the use of the App. However, without these cookies, certain functionality may become unavailable.

Analytics and Customisation Cookies

These cookies collect information that is used either to help us understand how the App is being used or how effective our marketing campaigns are or to help us customise the App and application for you in order to enhance your experience.

Advertising (Targeting) Cookies

Videmail.co does not use Advertising (Targeting) Cookies.

Other tracking technologies

Our third-party service providers may also use cookies or web beacons to collect information about your visits to the App and sites to measure and track the effectiveness of advertisements and our online marketing activities (for example, by collecting data on how many times you click on one of our ads).

Facebook: We also use Meta's pixel to identify users who have landed on certain pages for the purposes of target group-orientated remarketing and advertising. The Meta pixel stores a cookie, which means that information about your visit to the App will be shared with Facebook. These cookies and the information collected are used to create target groups to help Facebook deliver advertising on our behalf to users who have previously visited the App when they are on Facebook or a digital platform powered by Facebook Advertising and to track advertising success. You can modify your Facebook Ad settings to restrict these advertisements.

We may update this Cookie Statement from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Statement regularly to stay informed about our use of cookies and related technologies.

Copyright and trademark policy

At Videmail.co, we respect the intellectual property rights of others and expect our Subscribers to do the same. Our Terms prohibit users from violating someone else’s intellectual property rights, including copyright and trademark.

If you believe content that belongs to you is being used through our App without your permission or users of our Service or App are selling counterfeit or infringing products, we want to know about it.

If you do submit a notice to us, please note that we may forward your notice, including your contact information, to the user who posted or used the content that you are complaining about. If you’re not sure whether content on one of our App or sent through our Service infringes your intellectual property rights, then you may want to speak with legal counsel in your area before notifying us.

Finally, before submitting a notice you may want to reach out to the person or organisation who posted or used the content you believe infringes your rights. You may be able to resolve the issue directly with that person or organisation without contacting Videmail.co, which could be done at no cost.

Copyright

Copyright law protects creative works like video, writings, music, pictures and photographs. Notices related to alleged copyright infringement may be submitted to us via email at the following email address: legal@videmail.co. When reporting a claim of copyright infringement, please ensure your notice includes the following...

    The name, address, telephone number and email address of the copyright owner.

    An identification or description of the copyrighted work that you claim is being infringed.

    A description of the content on our App or sent through our Service that you claim infringes your copyright.

    A statement that... a) you have a good faith belief that the use isn’t authorised by the copyright owner, its agent or the law; b) the information in your notice is accurate; and c) under penalty of perjury, you are the owner or you are authorised to act on behalf of the copyright owner and

    An electronic or physical signature from the copyright owner or someone authorised to act on their behalf.

The contact for notifications of claimed copyright infringement is legal@videmail.co.

Trademark

Trademark law protects words, designs, symbols or phrases that an individual or company may use to identify and distinguish their goods or services from those offered by others. Examples of trademarks include word marks, logos, brand names and slogans.

A trademark owner may be able to prevent others from using their trademark without their permission if the particular use is likely to cause confusion among consumers about who provides, endorses or is affiliated with a product or service. Such a use may amount to trademark infringement. If the particular use of a trademark is an unauthorised use of a registered mark to reproduce fake, imitation or ‘knock-off’ goods, the use may also constitute trademark counterfeiting. Knowingly trading in counterfeit goods is illegal.

Notices related to alleged trademark infringement may be submitted to us via legal@videmail.co. When reporting a claim of trademark infringement, please ensure your notice includes the following...

    The name, address, telephone number and email address of the trademark owner.

    Whether or not your claim involves the sale of counterfeit goods.

    An identification of the trademark that you claim is being counterfeited or infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration and a link to the registration or copies of your certificate of registration.

    A description of the content on the App or sent through our Service that you claim infringes your trademark or constitutes counterfeiting, including an explanation of how you believe the content is infringing or counterfeit.

    A statement that... a) you have a good faith belief that the use isn’t authorised by the trademark owner, its agent or the law; b) the information in your notice is accurate; and c) under penalty of perjury, you are the owner or you are authorised to act on behalf of the trademark owner and

    An electronic or physical signature from the trademark owner or someone authorised to act on their behalf.

This Copyright and Trademark Policy applies to the websites where Videmail.co offers the Service, including the websites https://videmail.co. This Policy also applies to all uses of our Service.

Acceptable Use

We are in this thing together. The actions individual Subscribers take can have a big impact on our system. That’s why all Videmail.co Subscribers must follow this Acceptable Use Policy in their use of the Site or the App. If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts according to our Terms & Conditions where we see behaviour, content or other factors that pose a threat to our platform. If a term is capitalised in this Acceptable Use Policy but isn’t defined, it has the meaning given to it in our Standard Terms of Use.

Prohibited Content

Please don’t use the Site or the App to distribute anything offensive, to promote anything illegal or to harass anyone. You may not use Videmail.co to create, send, display, advertise or sell (as applicable)…

    Illegal goods or services.

    Videmails that violate the CAN-SPAM act or other anti-spam laws.

    Pornography/sexually explicit content.

    Campaigns promoting or supporting terrorism or violent extremism.

    Counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights.

    Products claiming to prevent, treat or cure COVID-19 that are not approved or authorised for emergency use by regulatory or public health agencies, such as the FDA in the US, the EMA in the EU and MHRA in the UK.

    Products that are in demand due to COVID-19 with excessive pricing, price gouging or deceptive pricing practices or in demand due to COVID-19 and prohibited by applicable law.

Some industries have higher-than-average abuse complaints, which can jeopardise deliverability. In order to maintain the reliability of our platform, we may not allow businesses that offer these types of services, products or content…

    Escort services, mail-order bride/spouse finders, international marriage brokers and other similar sites and services.

    Hookup, swinger or sexual encounter sites or services.

    Pharmaceutical products.

    Work-at-home scams, 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.

    Cryptocurrencies, virtual currencies and any digital assets related to an Initial Coin Offering.

Content Subject to Additional Scrutiny

We’ve also found that certain types of content may cause higher-than-average abuse rates. For that reason, we may closely review accounts that offer the following services, products or content...

    Online trading, day trading tips or stock market related content.

    Nutritional, herbal and vitamin supplements.

    Adult entertainment/novelty items.

    Online dating services and applications (dating sites or services with a sexual emphasis or sexually explicit content including images depicting nudity are not permitted).

    Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content.

    Products in demand due to COVID-19 and regulated by applicable law.

If we identify abuse in our sole discretion, we may suspend or terminate the account.

Prohibited Actions

We work hard to maintain the positive reputation of our App but we count on our Subscribers to pitch in too. You may not...

    Send Spam. Spam can be in the form of bulk Videmails or one to one commercial Videmails.

    Include in your Campaigns, Websites, Ads or account or sell in your Store any material that wasn’t created by you, provided for you to use or that would violate anyone’s rights. That includes video, text, photos, graphics and other content.

    Use any misleading or incorrect names, addresses, email addresses, subject lines or other information in the Service or in any Campaigns created, managed or sent using our Service.

    Share your password.

    Decipher, decompile, disassemble or reverse engineer any of the Software.

    Use any of the Software to create a competing product.

    Import or incorporate any of this information into any account, Videmails or otherwise upload to our servers social Security numbers, passwords, security credentials or sensitive personal information.

    Upload or send Videmail Campaigns to purchased, rented, third-party, co-reg, publicly available data or partner lists of any kind.

    Host videos on our servers for any purpose other than for your use of the Service.

    Host Content on our servers for any purpose other than for your use of the Service.

    Except as permitted under our Standard Terms of Use, take any action intended to avoid our billing thresholds.

    Send bulk Videmails, meaning Videmails directed to a number of individuals with the same content.

    Send bulk Videmails, meaning commercial or marketing Videmails directed to a number of individuals with the same content.

    Sell or offer to sell any counterfeit products or products that infringe the intellectual property rights of others, including trademark, copyright, design or patent rights.

Best Practices

As a marketing platform with clients all over the world, we feel it’s our responsibility to be extra vigilant in preventing abuse of our services to protect both our customers and their contacts. It’s also in our best interest to keep the platform clean because our reputation and deliverability depend on it. For that reason, we provide and may update from time to time, articles outlining best practices in our knowledge base. For example, we offer guidelines about audience permission and best practices. You may only use Videmail.co in accordance with these best practices and we may suspend or terminate your account if you violate them.

III. Rights

14. Feedback and Proprietary Rights

Videmail Ltd owns all proprietary rights in the Service and the App, including but not limited to, patents, trademarks, service marks, trade secrets, copyrights and other intellectual property rights. You will respect our proprietary rights in the Service and Site.

You shall retain all rights, title and interest in and to the material, content, data and information (including your personal information and the personal information of others) you submit to Videmail.co in the course of using the Service or which Videmail.co otherwise retrieves or accesses at your direction or with your permission (collectively, your ‘Content’). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms, including as further provided under Section 15. You represent and warrant that... i) you own or have otherwise obtained all necessary rights, releases and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms; and ii) your Content and its submission and use as you authorise in these Terms will not violate 1) any applicable law; 2) any third-party intellectual property, privacy, publicity or other rights; or 3) any of your or third-party policies or terms governing your Content.

You may provide or we may ask you to provide suggestions, comments, input or other feedback (‘Feedback’) regarding the Service. If you provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable and transferable license to use, reproduce, publicly display, distribute, modify and publicly perform the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily. You understand that you will not receive any compensation for your Feedback and that we may use any Feedback you provide to improve the Service or to develop new features and services.

15. Privacy

Your privacy is important to us. Please read our Privacy Policy at for information about how we collect, use and disclose your personal information and the privacy rights available to you when you use and interact with the Service.

For the purposes of privacy and data protection laws, for much of the personal information we process when providing the Service, we act as your processor or service provider in accordance with our Data Processing Addendum. However, there are certain instances, as more fully described in our Privacy Policy statement, where we process personal information, including Content and other data from Subscriber accounts, as a controller to provide and develop the Service and for other important business purposes (e.g., for billing, administrative, security and product improvement purposes). As described in our Privacy Policy, this includes sharing such information with our parent entity, Videmail Ltd to provide, develop and improve other Videmail.co products and services that you connect through the Service, including to provide you with greater insights about your business and to personalise your user experience within the App.

When we, as a controller, process data that originates from the European Economic Area, UK or Switzerland in a country that has not been found to provide an adequate level of protection under applicable data protection laws, we shall process such data in compliance with the standard contractual clauses between controllers annexed to the European Commission's Implementing Decision 2021/914 of 4 June 2021 or the equivalent clauses adopted by the UK Government and currently located here (the ‘Controller-to-Controller Clauses’). The terms of the Controller-to-Controller Clauses are incorporated herein by reference and form an integral part of the Agreement between you and Videmail.co.

16. Right to Review Content, Campaigns and Sites

We may view, copy and internally distribute Content from your Campaigns, your Sites, your Third-Party Integrations (as defined below) and your account to create algorithms and programs (‘Tools’) that help us spot problem accounts and improve the Service, among other uses permitted by these Terms or our Global Privacy Statement. For instance, we use these Tools to find Subscribers who violate these Terms or applicable laws and to study data internally to make the Service smarter and create better experiences for Subscribers and their contacts. We may aggregate and anonymise data, including data from the Content of your Campaigns, Sites and Third-Party Integrations to create statistical information. We own all such aggregated and anonymised data and may use it, including but not limited to, operating, analysing, improving or marketing our products and services and sharing such data externally for research, marketing or other lawful purposes.

IV. Rules and abuse

17. General Rules

By agreeing to these Terms, you promise to follow these rules...

    You won’t send spam!

    You won’t use purchased, rented or third-party lists of email addresses.

    You will comply with our Acceptable Use Policy, which forms part of these Terms.

    If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.

Videmail.co doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign, create or manage a Site or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following...

    A Threat of Physical Harm. This means any statement, photograph, advertisement or other Content that in our sole judgment could be reasonably perceived to threaten, advocate or incite physical harm to or violence against others.

    Hateful Content. This means any statement, image, photograph, advertisement or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either…

    An organisation that has publicly stated or acknowledged that its goals, objectives, positions or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage or sponsor Hateful Content or A Threat of Physical Harm.

    A person that has publicly made a comment or statement or otherwise publicly made known a position, including by membership in an organisation as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.

    A person or organisation that has acted in such a way as could be reasonably perceived to support, condone, encourage or represent Hateful Content or A Threat of Physical Harm.

Videmail.co also does not allow the distribution of Content that is, in our sole discretion, materially false, inaccurate or misleading in a way that could deceive or confuse others about important events, topics or circumstances.

If you violate any of these rules, then we may issue a warning to suspend or terminate your account.

18. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Subscriber, please report it to us on legal@videmail.co. If you think anyone has posted material that violates any protected marks or copyrights, also please report it to us on legal@videmail.co.

19. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Campaigns. We provide image and data hosting only for your use of the Service, so you may not host images or data on our servers for anything else. We may throttle your sending or connection through our API at our discretion.

20. Compliance with Laws and Regulations

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLBA, Data Protection Laws (as defined in the Data Processing Addendum), anti-corruption and anti-bribery laws and regulations and any other applicable economic sanctions and export control laws and regulations (‘Global Trade Laws and Regulations’) or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any activities prohibited by United Kingdom law.

If you collect any personal information pertaining to a minor and store such information within your Videmail.co account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.

You agree, represent and warrant to Videmail.co that...

    You will clearly post, maintain and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that; a) satisfies the requirements of applicable Data Protection Laws; b) describes your use of the Service; and c) includes a link to our Global Privacy Statement.

    You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to the App and to enable such data to be lawfully collected, processed and shared by Videmail.co for the purposes of providing the Service or as otherwise directed by you.

    You will comply with all laws and regulations applicable to the Campaigns sent through the Service, including those relating to a) acquiring consents (where required) to lawfully send Campaigns; b) the Content of Campaigns; and c) your Campaign deployment practices.

    You will provide all notices and obtain all necessary consents required by applicable Data Protection Laws to enable Videmail.co to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in our Cookie Statement.

To the extent Videmail.co processes your Content protected by Data Protection Laws as a processor on your behalf (all as defined in the DPA), you and Videmail.co shall be subject to and comply with the Videmail.co Data Processing Addendum (DPA), which is incorporated into and forms an integral part of these Terms. The DPA sets out our obligations with respect to data protection and security when processing your Content on your behalf in connection with the Service.

In addition, if you are subject to EU Data Protection Law (as defined in the Data Processing Addendum), you acknowledge and agree that we have your prior written authorisation to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Protection Law, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.

V. Liability

22. Limitation of Liability

To the maximum extent permitted by law, you acknowledge and agree that i) you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Site; ii) Videmail.co and our Team won’t be liable for any indirect, punitive, special or consequential damages, including any loss of data, profits, revenues, business opportunities, goodwill or anticipated savings under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and iii) in any calendar month, the total liability of Videmail.co and our third-party providers, licensors, distributors or suppliers to you arising out of or relating to the Agreement whether in contract, tort (including negligence), breach of statutory duty or otherwise will be no more than what you paid us for the Service the preceding month.

For the avoidance of doubt, in no instance will Videmail.co or our Team be liable for any losses or damages you suffer if you use the Service in violation of these Terms, regardless of whether we terminate or suspend your account due to such violation.

23. No Warranties

Except as expressly stated in these Terms, the Service is provided as-is and we don’t provide warranties, conditions or undertakings of any kind in relation to the Service, either express or implied. This includes but isn’t limited to, warranties of merchantability and fitness for a particular purpose, data loss, merchantability or non-infringement or any warranties with respect to the accuracy, reliability or availability of any content or information made available in or through the Service, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Subscribers use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.

24. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses in connection with any claims you make that aren’t allowed under these Terms due to a ‘Limitation of Liability’ or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, damages, judgments, fines and costs, including legal fees and expenses, in connection with any claims arising out of or relating to i) your Content, Campaigns or Sites; ii) your use of the Service; iii) your violation of any laws or regulations; iv) third-party claims that you or someone using your password did something that, if true, would violate any terms of the Agreement; v) any misrepresentations made by you; or vi) a breach of any representations or warranties you’ve made to us.

25. Equitable Relief

Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms (meaning we may request a court order to stop you).

26. Subpoena Fees

If we have to provide information in response to a subpoena, court order or other legal, governmental or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents and participating in a deposition.

27. Disclaimers

We and our Team aren’t responsible for the behaviour of any third parties, agencies, linked websites or other Subscribers, including third-party applications, products or services for use in connection with the Service.

VI. Other Important Stuff

Published and unpublished rights are reserved under the copyright laws of the United Kingdom. The owner of the Site and the App is Videmail Ltd, incorporated under the Companies Act 2006 as a private company, that the company is limited by shares and its registered office is in England and Wales.

29. Assignments

You may not assign any of your rights under the Agreement to anyone else. We may assign the Agreement and any of our rights and obligations hereunder to any other individual or entity at our discretion.

30. Choice of Law

The United Kingdom laws will govern all disputes arising out of or relating to the Service and the Agreement, regardless of conflict of laws rules.

31. Dispute Resolution

You and Videmail.co agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Service or this Agreement (a ‘Claim’) will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.

Either you or Videmail.co can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Videmail.co may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence.

You and Videmail.co agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Videmail.co therefore agree that, after a Notice of Claim is sent but before either you or Videmail.co commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by the Agreement. If you are represented by counsel, your counsel may participate in the conference as well but you agree to fully participate in the conference. Likewise, if Videmail.co is represented by counsel, its counsel may participate in the conference as well but Videmail.co agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Videmail.co may file a Claim in small claims court. You agree that you may not file a claim in small claims court unless you and Videmail.co are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with Videmail.co during that time.

You and Videmail.co 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. Further, if you have elected arbitration, unless both you and Videmail.co agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If Videmail.co believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that Videmail.co may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Dispute Resolution Section shall be null and void.

32. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions and acts of hackers or third-party internet service providers.

33. Survivability

Even if the Agreement is terminated, the following sections will continue to apply... Feedback and Proprietary Rights, Compliance with Laws and Regulations, Limitation of Liability, No Warranties, Indemnity, Dispute Resolution, Choice of Law, Severability and Entire Agreement.

34. Severability

If a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required and the rest of the Agreement will still be valid.

36. Waiver

If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms and we may still take action at some point.

37. No Changes in Terms at Request of Subscriber

Because we have so many Subscribers, we can’t change these Terms for any one Subscriber or group.

38. Further Actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

39. Notification of Security Incident

If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Videmail.co for such incident.

41. Notices

Any notice to you will be effective when we send it to the last email address you gave us or when posted on our Site. Please note that, for purposes of providing notice, we may use any email or physical address within your account, including contact information associated with an account’s primary contact, billing contact, owner profile or any other profile or seat associated with the account.

42. Entire Agreement

The Agreement, including these Terms and any Additional Terms you’ve agreed to by enabling any Add-ons, make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate or use the corresponding Add-on or feature of the Service.

Congratulations! You’ve reached the end.

Effective as of 01 July 2024.