1. These terms of service (Terms) govern your access to and use of SendForensics Pte Ltd's (registration no.: 201321279D) websites and services (Services).
2. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of a company, organization or other entity, you agree to these Terms for yourself and for and on behalf of that company, organisation or other entity. You agree and confirm that you have the authority to bind the company, organisation or other entity to these terms. A reference to you, your or similar pronoun includes the company, organisation or other entity referred to in this clause.
3. You shall use the Services in compliance with these Terms. You shall use the Services only if you have the legal capacity to do so. In using the Services, you shall comply with all applicable laws. The Services may change, including when we refine and add more features. We may stop, suspend or modify the Services at any time without prior notice to you. We may also remove any content from our Services.
4. The use of the Services is at your own risk. We do not warrant any results from the Services. The Services do not constitute consulting, professional advice or any other form of advice whatsoever.
5. When using our Services you may provide us with information, files, data, folders and other content (together, your content). You retain full ownership to your content. These Terms do not grant us any rights or license to your content or the intellectual property arising from your information, except provided below.
6. You grant us a limited, free, irrevocable, non-exclusive and worldwide license to store, process, back-up and otherwise deal with your content solely for the purpose of providing to you the Services. We may grant a similar sub-license to the subcontractors, suppliers and service providers that we use to provide the Services.
8. In using the Services, you are solely responsible for your conduct, the content of and dealing with your content and your communications with others. You warrant that you have all the right and power required to deal with your content.
9. We do not monitor your content or any other information that are subject to the Services. We are not responsible for the accuracy, completeness, appropriateness or legality of your content or any other content, results and information you may access with or receive from the Services.
10. In using the Services, you may require or deal with other third party licenses, including software licenses. You may acquire and own these third party licenses, or use these licenses under a sub-license that we grant to you in connection with the Services. You agree to comply with the terms of all these third party licenses.
11. The Services may allow you to share your content with others. There are many things that others may do with your information; for example, they may copy, modify or again share your content with others. We are not responsible or liable for any of these activities.
12. Files and other content in the Services may be subject to the intellectual property rights of others. You agree not to copy, upload, download, share or otherwise deal with content or information unless you have the necessary right or license. You alone are responsible and liable for content and information that you copy, share, upload, download or otherwise deal with.
13. You shall not by any act or omission cause spyware, virus or other malicious software to infect the Services.
14. You alone are responsible and liable for maintaining and protecting your Content. We are not responsible or liable for any expenses, losses or damages which you may suffer or incur arising out of or in connection with the loss or corruption of your content, including costs or expenses for backing up or restoring your content.
15. You shall from time to time update your contact information or other information related to your account.
16. You shall keep secret the password that you use to access the Services and not disclose your password. You are responsible and liable for all activities related to your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. You agree and acknowledge that a secure encrypted connection to communicate with the Services can help protect your content.
17. Some Service may require you to download a client software package (Software). We grant you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you breach any of these Terms. We reserve all rights not expressly granted in these Terms. You shall not directly or indirectly reverse engineer or decompile the Software, attempt to or assist others to do so. Our Services may update the Software on your device automatically when a new version is available.
18. These Terms do not grant you any right, title or interest in the Services, Software or any of their content. We may use any of your feedback, comments or suggestions you without any obligation or liability to you. Copyright, trademark and other applicable laws protect the Software and other technology we use to provide the Services. These Terms do not grant you any rights to use any of our trademarks, logos, domain names, or other brand features.
19. In consideration of the Services, but excluding the FREE Email Deliverability Testing Package, you agree to pay the prevailing Service fees. Service fees are subject to change from time to time, without notice.
20. Service fees stated are exclusive of all taxes, including GST, VAT, sales tax, service tax or withholding taxes. You are liable to pay these taxes. If you are required to withhold and deduct, from any payments to us, withholding or other taxes, you shall pay us an additional sum, so that the amount we receive is the full invoiced amount as if no deduction or withholding is made. If you pay by credit card, you agree to the applicable terms of the credit card payment processor. Presently, our credit card payment processor is Worldpay UK Limited and any credit card transactions processed involve abiding by its terms & conditions.
21. If you pay by credit card or other payment process that automates fixed regular payments, the Services will be auto-renewed until you turn off auto-renewal.
22. If you fail to pay or when your account expires, we will immediately stop providing you the Services but you may continue to login and view your historical data for a 30-day period. After the 30-day period, you may continue to log in for an additional 30 days, but will not be able to view or otherwise deal with any historical or other data. You may resume full Services by paying the required Service Fees within this 60-day period. If you do not do so, we will de-activate your account and terminate all Services and all data and information in your account.
23. If you use the Services in relation to more than 200 emails per sending address per month, in order to ensure fair use or to prevent abuse, we may reasonably limit your use of the Services or negotiate with you a customised package and pricing for the Services. In addition, for the Live ISP Inbox Placement Testing features there is a maximum usage allowance of 10 Quick Inbox Placement Testing tests per sending address per day, and 50 Detailed Inbox Placement Testing tests per sending domain per month.
24. You shall not directly or indirectly abuse the Services or deal with the Services otherwise than for their intended ordinary uses. You shall comply with our Acceptable Use Policy.
25. You shall use the Services only in the furtherance and for the purposes of activities that are legal in the applicable jurisdiction. You shall in using the Services comply with all applicable laws. The laws referred to in this clause include and are not limited to laws relating to junk mail, spam and electronic communications and transactions.
26. You acknowledge that the SendForensics Enterprise SLA is not applicable during the Evaluation and you therefore acknowledge that Deliverability-Testing should not be made available to your users as a commercial feature of your platform during the Evaluation.
27. You understand there is no obligation to continue with the service upon expiration of the Evaluation.
28. You will not share the information contained within the system nor the API documentation with anyone outside of your company.
29. You acknowledge that there is a fair-use policy of no more than 200 analyses per sending domain during the Evaluation.
30. Our designated agent for notice of alleged copyright infringement is as registered from time to time with the Intellectual Property Office of Singapore.
31. The Services may contain links to third-party websites or resources. We do not endorse and are not responsible or liable for their availability, accuracy, content, products or services. You are solely responsible for your use of any of these websites or resources. We may provide you with software under an open source license. The open source license applies and controls if there is conflict or dispute between the open source license and these Terms. The open source license and these terms shall otherwise apply cumulatively, to full force and effect.
32. SendForensics reserves the right to use your name and/or company name as a reference for marketing or promotional purposes. To decline SendForensics this right you need to email firstname.lastname@example.org stating that you do not wish to be used as a reference.
33. We may suspend or terminate the Services at any time, with or without cause and with or without notice. If we do so without cause, we will refund to you any advance Service Fees that you have paid and which relate to Services that have not been consumed.
34. Available AS-IS
These provisions apply to the greatest extent permitted under applicable laws. The Services and Software are provided as-is, at your own risk, without express or implied warranty or condition of any kind. We disclaim any warranties of merchantability, fitness for a particular purpose, accuracies or non-infringement. We are not responsible or liable for any harm to your computer system, loss or corruption of data or other harm that results from your access to or use of the Services or Software.
Without limiting the generality of the previous paragraph, the Services are provided using and based upon our own analysis and algorithms, and open-source data and publicly available information. We do not provide any warranties whatsoever in relation to these analyses, algorithms, open-source data and publicly available information
35. These provisions apply to the greatest extent permitted under applicable laws. They are not limited to the circumstances that are within the parties' contemplation as at the start of the Services. We shall not under any circumstances, whether in contract, tort, equity, statute or any other cause, be liable for any indirect damages, special damages, incidental damages, punitive damages, exemplary damages, consequential damages, expectation losses, loss of use, loss of data, loss of business, loss of profits or any other similar damages, whether or not we have notice of the possibility of these damages and whether or not these damages are within the parties' contemplation. Our liability arising out of or in connection with these Terms, whether in contract, tort, equity, statute or any other cause, is limited to the Service fees that we have received from you for the six months prior to your claim, for the Services that are the subject of your claim.
36. You indemnify and hold us harmless from and against all claims, damages, expenses or losses that we may incur or suffer arising out of or in connection with your breach of these Terms.
37. We may revise these Terms from time to time. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.
38. These Terms are governed by Singapore law. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
SENDFORENSICS PTE LTD, of Singapore, company number 201321279D (SendForensics) agrees to provide, and the Client agrees to purchase, the Services on the terms of the Agreement.
1.1 Definitions: In the Agreement, the following terms have the stated meaning:
|API Service||the SendForensics Services made available by SendForensics via an API.|
|Business Day||a day that is not Saturday, Sunday or a public holiday in Singapore.|
|Client Data||all data, content, and information stored, submitted or input by or on behalf of the Client for the purpose of receiving the SendForensics Services.|
|Confidential Information||the terms of the Agreement and any information that is not public knowledge and that is obtained from or about the other party in the course of, or in connection with, the Agreement. SendForensics’ Confidential Information includes Intellectual Property owned by SendForensics (or its licensors). The Client’s Confidential Information includes the Client Data.|
|Customers||the Client’s own customers.|
|Fair Use Limit||up to 1,000 analyses per sending-domain per month.|
|Fees (SendForensics Services)||US$399 per month for up-to 50 sending-domains and up-to 10,000,000 DMARC-capable messages processed.
Overage fee beyond 50 sending-domains according to the following tiering:
Overage fee beyond 10,000,000 DMARC-capable messages processed is US$100 per additional block of 10,000,000.
|Fees (Related Services)||US$299 per month for Unlimited Email Client Preview Testing for external Breakout Page users.|
|Force Majeure||an event that is beyond the reasonable control of a party, excluding:
|Initial Term||1 month from the Start Date.|
|Intellectual Property Rights||includes copyright and all worldwide rights conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.|
|Minimum Volume||50 sending-domains per month and 10,000,000 DMARC-capable messages processed.|
|Objectionable||includes being objectionable, defamatory, obscene, harassing, threatening, or unlawful in any way.|
|Payment Terms||Invoicing or credit card debiting on or about the first day of each month:
|Personal Data||has the meaning given in the Personal Data Protection Act 2012.|
|Provider Data||means all data, information or materials generated by the SendForensics Services in the course of analysing the Client Data.|
|Related Services||any further services that SendForensics agrees to provide to the Client under the Agreement.|
|SendForensics API||the SendForensics two-way feed API functionality intended to enable Clients to access and use the API Service.|
|SendForensics Services||the selected services as described on the Website, and as may be updated from time to time.|
|Services||the SendForensics Services and any Related Services.|
|Service Levels||the service levels set out in Schedule 1.|
|Start Date||the date of the first invoice, following completion of the 14-day Free Trial.|
|Underlying Systems||the IT solutions, systems and networks (including software and hardware) used to provide the Services, including any third party solutions, systems and networks.|
|Website||the Internet site at sendforensics.com|
1.2 Interpretation: In the Agreement:
2.1 Provision of Services: SendForensics agrees to provide, and the Client agrees to purchase, from the Start Date the Services on the terms of the Agreement.
2.2 General: SendForensics will provide the Services:
2.3 Non-exclusive: SendForensics’ provision of the Services to the Client is non-exclusive.
2.5 Additional Related Services: At the request of the Client and subject to the Client paying the applicable Fees, SendForensics may agree to provide to the Client an additional Related Service on the terms of the Agreement.
3.1 Internal business purposes: The Client and its personnel must:
3.2 Responsibility: The Client is responsible for:
3.3 Access conditions: When accessing or using the Services or the Website or the Underlying Systems, the Client and its personnel must not themselves, nor permit directly or indirectly any other person to:
3.4 Security: The Client and its personnel must:
3.5 Authorisations: The Client is responsible for procuring all licences, authorisations and consents required for it, its personnel and any Customers to use the Services, including to use, store and input Client Data into, and process and distribute Client Data through, the Services.
4.1 Supplier access to Client Data: The Client must arrange all consents and approvals that are necessary for SendForensics and its personnel to access the Client Data to exercise its rights and perform its obligations under the Agreement.
4.2 Restrictions relating to Client use of Provider Data:
4.4 Backups of Client Data: While SendForensics will take standard industry measures to back up all Client Data stored using the Services, the Client agrees to keep a separate back-up copy of all Client Data uploaded by it onto the SendForensics Service.
4.5 International storage of Data: The Client agrees that SendForensics may store Client Data in secure servers in Singapore, US, Ireland (Republic of), Australia, and such other countries as SendForensics may give reasonable notice of from time to time, and may access that Client Data in those territories from time to time.
4.6 Indemnities: The Client indemnifies SendForensics against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by SendForensics’ solicitors) and loss of any kind arising:
5.1 Fees: The Client must pay to SendForensics the Fees plus GST on any taxable supplies (if applicable).The Fees are based on the applicable pricing, as set out in the Client Specific Key Details.Where the actual volume of active sending domains/active IP addresses/emails processed per month for the Client is less than the Minimum Volume, the Fees for that month are the amount equivalent to that which would be payable had the Minimum Volume been reached in that month.
5.2 Invoicing and payment: Subject to clause 5.3, SendForensics will provide the Client with invoices on the dates set out in the Payment Terms, or if there are none, monthly in advance for the Fees due in the subsequent month.The Client must pay the Fees within 30 days of the date of invoice and electronically in cleared funds without any set off or deduction.
5.3 Credit card details: The Client may elect to pay the Fees by credit card.By providing SendForensics with credit card information, the Client represents and warrants to SendForensics that the Client is authorised to use that credit card and that SendForensics is authorised to deduct the Fees against that credit card in accordance with the Payment Terms.If credit card authorisations or charge attempts are declined, SendForensics may immediately suspend or terminate the Client’s access to the SendForensics Services in its sole discretion.
6.2 Licence: SendForensics grants the Client a non-transferable licence to use the Provider Data in accordance with clause 4.2, subject to the Client’s continued compliance with the provisions of the Agreement.
6.3 Know how: To the extent not owned by SendForensics, the Client grants SendForensics a royalty-free, transferable, irrevocable and perpetual licence to use any know-how, techniques, ideas, methodologies, and similar Intellectual Property required by SendForensics in order to provide the Services; provided, however, that the foregoing will not apply to any Intellectual Property or Confidential Information of Client.
6.4 Feedback: If the Client provides SendForensics with ideas, comments or suggestions relating to the Services or Underlying Systems (together feedback):
6.5 Third party sites and material: The Client acknowledges that the Services may link to third party websites or feeds that are connected or relevant to the Services.Any link from the Services does not imply any SendForensics’ endorsement, approval or recommendation of, or responsibility for, those websites or feeds or their content or operators.To the maximum extent permitted by law, SendForensics excludes all responsibility or liability for those websites or feeds. The foregoing does not apply to any third party websites or materials that are embedded in the Services or otherwise required for Client to use the Services.
6.6 Assignment: To the extent that any ownership of Intellectual Property Rights does not vest in accordance with the intention of this clause 6, the parties assign with effect from the date the relevant rights arise those Intellectual Property Rights so as to give effect to the intentions of this clause 6.The parties agree to do all acts and execute all documents as may be needed to give effect to this clause 6.
6.7 Third party Intellectual Property Rights indemnity:
7.1 Security: Each party must, unless it has the prior written consent of the other party:
7.2 Permitted disclosure: The obligation of confidentiality in clause 7.1a does not apply to any disclosure or use of Confidential Information:
8.1 Mutual warranties: Each party warrants that it has full power and authority to enter into and perform its obligations under the Agreement which, when signed, will constitute binding obligations on the warranting party.
8.2 Client warranty: The Client warrants that is has all rights and has obtained all permissions necessary to disclose Client Data to SendForensics and for SendForensics to use that data in accordance with the Agreement.
8.3 SendForensics Warranties: SendForensics warrants that:(i) the Services will be completed in a professional, workmanlike manner, with the degree of skill and care that is required by good, and sound professional procedures, and shall be completed in accordance with applicable specifications; (ii) it has full power to enter into this Agreement, to carry out its obligations under this Agreement and to grant the rights granted to Client hereunder; (iii) the Services will materially conform to all materials and documentation provided to Client and as described herein; and (iv) SendForensics has taken reasonable steps to check and remove from the Services any and all viruses, Trojan horses, trap doors, or other malicious code.
8.4 Client acknowledgements: The Client acknowledges that the Services operate principally through the use of a software engine which generates data based on automated analyses of Client Data. As a software tool, the Services are unlikely to operate entirely without error or interruption.The Client acknowledges that the Services are merely one information tool which might be used to assist in analysing and optimising email deliverability. It remains the Client’s responsibility to make its own decisions in respect of email distribution and marketing planning and the Client retains sole responsibility for any decisions it may take based upon the information generated by the Services.
8.5 No implied warranties: To the maximum extent permitted by law:
8.6 Consumer protection legislation: The Client agrees and represents that it is acquiring the Services, and entering the Agreement, for the purpose of a business and that, to the maximum extent permitted by law, any applicable consumer protection legislation does not apply to the supply of the Services or the Agreement.
8.7 Limitation of remedies: Where legislation or rule of law implies into the Agreement a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in the Agreement.The liability of SendForensics for any breach of the warranties contained here is limited, at Client’s option, to:
9.1 Maximum liability: The maximum aggregate liability of either party under or in connection with the Agreement or relating to the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not in any Year exceed an amount equal to the Fees paid by the Client under the Agreement in the previous Year (which in the first Year is deemed to be the total Fees paid by the Client from the Start Date to the date of the first event giving rise to liability). The cap in this clause 9.1 includes the cap set out in clause 8.5a.
9.2 Unrecoverable loss: Neither party is liable to the other party under or in connection with the Agreement or the Services for any:
9.3 Liability for Provider Data: SendForensics will not under any circumstances be liable to the Client or any third party in respect of any act or omission by the Client or any Customer in:
9.4 Unlimited liability:
9.5 No liability for other’s failure: Neither party will be responsible, liable, or held to be in breach of the Agreement for any failure to perform its obligations under the Agreement or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under the Agreement, or by the negligence or misconduct of the other party or its personnel.
9.6 Time bar: SendForensics will not be liable to the Client for a claim under or in connection with the Agreement unless that claim is notified to SendForensics within 12 months of the date that the circumstances giving rise to the claim were reasonably discoverable to the Client.
9.7 Mitigation: Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with the Agreement.
9.8 Application of limitations and exclusions: Nothing in the Agreement applies to limit or exclude any liability which the relevant party is not permitted by law to limit or exclude.To the extent any limitation or exclusion is not permitted under applicable law, that limitation or exclusion will be deemed not to apply but will not affect any of the remaining limitations or exclusions under this clause 9.
10.1 Duration: Unless terminated earlier under its provisions, the Agreement starts on the Start Date, and continues for:
10.2 Other termination rights:
10.3 Consequences of termination or expiry:
10.4 Obligations continuing: Clauses which, by their nature, are intended to survive termination or expiry of the Agreement, including clauses 4.6, 6.6, 7, 10.3, 10.4 and 11, continue in force.
10.5 Suspending access: Without limiting any other right or remedy available to SendForensics, SendForensics may restrict or suspend the Client’s access (or its personnel’s access) to the Services where the Client (including any of its personnel):
10.6 Notice: SendForensics must notify the Client where it restricts or suspends the Client’s access under clause 10.5.
11.1 Good faith negotiations: Before taking any Court action, a party must use best efforts to resolve any dispute under, or in connection with, the Agreement, including non-contractual claims, through good faith negotiations.
11.2 Obligations continue: Each party must, to the extent possible, continue to perform its obligations under the Agreement even if there is a dispute.
11.3 Right to seek relief: This clause 11 does not affect either party’s right to seek urgent interlocutory and/or injunctive relief.
12.1 Force Majeure: Neither party is liable to the other for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure, provided that the affected party:
12.2 Rights of third parties: No person other than SendForensics and the Client has any right to a benefit under, or to enforce, the Agreement.
12.3 Waiver: To waive a right under the Agreement, that waiver must be in writing and signed by the waiving party.
12.4 Independent contractor: Subject to clause 4.3, SendForensics is an independent contractor of the Client, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under the Agreement.
12.5 Notices: A notice given by a party under the Agreement must be delivered to the other party via email using the email address set out in the Client Specific Key Details or otherwise notified by the other party for this purpose.
12.6 Severability: Any illegality, unenforceability or invalidity of a provision of the Agreement does not affect the legality, enforceability or validity of the remaining provisions of the Agreement.
12.7 Variation: Any variation to the Agreement must be in writing and signed by both parties.
12.8 Entire agreement: The Agreement sets out everything agreed by the parties relating to the Services, and supersedes and cancels anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the subject matter of the Agreement that is not expressly set out in the Agreement, and no such representation, warranty or agreement has any effect from the Start Date.
12.9 Subcontracting and assignment:
12.10 Law: The Agreement is governed by, and must be interpreted in accordance with, the laws of Singapore.
12.11 Counterparts: The Agreement may be signed in counterparts, each of which constitutes an original and all of which constitute the same agreement. A party may enter the Agreement by signing electronically and providing electronically a counterpart copy to the other party.
The following Service Levels apply to the Services.
1. Service Levels
|Priority||Description||Target resolution time (from notification by the Client)|
|1||Total Services unavailable||Within 1 Business Day|
|2||Core parts of the Services are unavailable and most users are affected. Workaround not available.||Within 1 Business Day|
|3||Important functionality affected but workaround available.||Within 5 Business Days|
|4||Minor issue, including cosmetic.||As agreed|
4. Service Credits
4.1 Service Credits are issued as a financial reimbursement if SendForensics does not meet the Service Levels for a particular month. Upon approval of a claim we will provide the applicable remedy set forth below:
|Monthly Service Unavailability||Service Credit|
|>2 hours but <= 4 hours||100% of the Minimum Volume Fees for that month|
4.2 Claim Procedure: To receive a Service Credit for a particular calendar month, Customer must submit a claim by email to email@example.com within 30 days of the end of the month during which the Service did not meet the Service Levels, and include the following information:
5. Access to Support
|Priority||Description||Target response time (from notification by the Client)|
|1||Total Services unavailable||Within 4 hours|
|2||Core parts of the Services are unavailable and most users are affected. Workaround not available.||Within 4 hours|
|3||Important functionality affected but workaround available.||Within 24 hours|
|4||Minor issue, including cosmetic.||Within 72 hours|
To help in the clear understanding of this policy, we have provided a concise overview of what is collected and who it is shared with before going into the mandatory legal statements below. If you have any questions, concerns or comments about our policy, please email our Privacy Officer (DPO) at firstname.lastname@example.org.
The data controller for the processing of the Personal Data referred to herein is SendForensics Pte Ltd ("SendForensics"), company registration no.: 201321279D and whose registered office is 71 Ayer Rajah Crescent, #02-18, Singapore 139951
SendForensics has appointed a Data Protection Officer who can be contacted at the following address: email@example.com
SendForensics collects and processes the following data:
SendForensics collects your data so that we can:
When SendForensics processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
SendForensics securely stores your data at Amazon AWS data-centres in Singapore, Ireland, Australia and the United States for redundancy and availability.
SendForensics will keep your Personal Data for as long as you have an active account in order to continue providing the Services. We will delete your account and Personal Data upon request.
SendForensics would like to send you information about products and services of ours that we think you might like. If you have agreed to receive marketing, you may always opt out at a later date.
SendForensics would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request SendForensics for copies of your Personal Data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that SendForensics correct any information you believe is inaccurate. You also have the right to request SendForensics to complete the information you believe is incomplete.
The right to erasure – You have the right to request that SendForensics erase your Personal Data, under certain conditions.
The right to restrict processing – You have the right to request that SendForensics restrict the processing of your Personal Data, under certain conditions.
The right to object to processing – You have the right to object to SendForensics’s processing of your Personal Data, under certain conditions.
The right to data portability – You have the right to request that SendForensics transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email: firstname.lastname@example.org
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology
There are a number of different types of cookies, however, our website uses:
You can set your browser not to accept cookies. However, in a few cases, some of our website features may not function as a result.
1. You shall not directly or indirectly abuse the Services or deal with the Services otherwise than for their intended ordinary uses. In using the Services, you shall comply with all applicable laws. You shall not use the Services for any illegal or inappropriate purposes.
2. Without limiting the generality of the previous paragraph, you shall not carry out any of the following:
(a) probe, scan, or test the vulnerability of any system or network;
(b) breach or otherwise circumvent any security or authentication measures;
(c) access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, our (or our service providers') computer systems;
(d) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
(e) plant malware or otherwise use the Services to distribute malware;
(f) access or search the Services by any means other than our publicly supported interfaces (for example, by scraping);
(g) to the extent prohibited under applicable laws, send unsolicited communications, promotions or advertisements, or spam;
(h) send altered, deceptive or false source-identifying information, including spoofing or phishing;
(i) publish anything that is fraudulent, misleading or infringes another's rights;
(j) promote or advertise products or services other than your own without appropriate authorization;
(k) impersonate or misrepresent your affiliation with any person or entity;
(l) abuse referrals to get more credit for referrals than deserved;
(m) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; and
(n) violate the law in any way, violate the privacy of others or defame others
The SendForensics Referral Program allows you to be an advocate for SendForensics' Email Deliverability Suite (the “Services”) and receive a reward on each new paying subscriber that enrolls for the Services through you.
You'll get a unique referral link after signing up to be a SendForensics paying customer. By utilizing this link, you are agreeing to the SendForensics Referral Program Agreement.
Whenever you tell a potential new subscriber about SendForensics and how we can help improve their email deliverability, compliance and security, just use that link, and the system will take care of the rest. You can provide the link in a number of ways, including through your own promotional website, e-mail campaigns, social media posts, blogs, videos, and even text messages, so long as you comply with applicable laws and our policies when doing so. When a new customer subscribes to any SendForensics paid plan through your referral link, you'll receive a reward.
This Referral Program Agreement (this “Agreement”) contains the complete terms and conditions that apply to your participation in the SendForensics Referral Program.
As used in this Agreement, “we,” “us”, "our" or “SendForensics” means SendForensics Pte Ltd and “you,” “your" or “Referrer,” means you as the Referrer participating in this program. “Referrer Site” individually and collectively means your website(s), social media accounts or posts, e-mail communications, and/or software applications. “Referral Program” means the program we manage or control by which participating entities or individuals place links that are unique to each of them on their Referrer Site that connect to the SendForensics website and for which a reward is earned for new SendForensics paying-subscribers.
You and SendForensics are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us.
2. The SendForensics Referral Program has been developed in-house and does not rely on any third-party provider.
3. Once you have signed up as an SendForensics customer, we will provide you with a unique referral link (“Link”) that links to the SendForensics website. Whenever you tell a potential new subscriber about SendForensics and how we can help improve their email deliverability, compliance and security, the potential new subscriber should use that Link, and we will take care of the rest. The potential new subscriber must use the Link, otherwise we have no way of tracking or knowing where the new subscriber came from, and we will not be able to track or distribute your reward. To qualify under the Referral Program, any new subscriber must not have been a previous subscriber to any of our Services. Links set cookies with a 90-day lifetime so referred potential new customers must subscribe within this period for a reward to be awarded. If a potential new customer revisits the site using another Referrer's Link, the first Referrer Link will take precedence for reward as long as it is within the 90-day period.
4. SendForensics hereby grants to you during the Term (defined in 17. below) a non-exclusive, non-transferable, revocable, royalty-free license to establish hyperlinks between your Referrer Site and the SendForensics website and to use SendForensics' trade names, logos, trademarks and service marks (the “Marks”) solely for the purpose of marketing and promoting the Services.
5. The foregoing license does not include the right to, and Referrer will not, modify the Marks in any manner, incorporate any of the Marks into any other trademark or service mark, or combine the Marks with any other words, logos, designs, service marks or trademarks. Referrer will comply with any trademark usage guidelines and instructions provided by SendForensics in connection with Referrer’s use of the Marks. We will have the right to review and monitor Referrer’s use of the Marks. If there is any non-compliance with such guidelines and instructions, at SendForensics' request and direction, Referrer will, at its sole cost, promptly correct any non-complying use of the Marks. Referrer will not adopt brands, logos, trademarks, service marks, trade names or other marks which are the same as or confusingly similar to the Marks. Referrer’s use of the Marks in any advertisement, web page, promotional materials, or other item shall be subject to SendForensics' prior review and approval, and Referrer will furnish to SendForensics an advance copy of each such items. All goodwill arising from Referrer’s use of the Marks will inure solely to the benefit of SendForensics. Referrer will at all times maintain a high-level of quality for the messaging on their Referrer Site.
6. Except as set forth above, we each reserve all right, title and interest in our respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of Marks except as set forth herein is strictly prohibited.
7. Referrer will conduct its business and activities in a manner that promotes a good, positive image and reputation for SendForensics and the Services. Without limiting the generality of the foregoing, Referrer will not:
a. use any inappropriate form of promotional, marketing, or advertising activity with your Link or Referrer Site, which includes use of any misleading hyperlinks and making any false, misleading, or disparaging representations or statements with regard to SendForensics and the Services;
b. engage in any unfair or deceptive trade practice involving the Services;
c. participate in any promotion, advertising, marketing, or sale of any imitation of the Services;
d. include or provide for in any Referrer Site any page, screen, or social media platform that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties, or contains or promotes deceptive information; and
e. impersonate any SendForensics employee;
f. use any Marks to mislead potential new subscribers into believing you are endorsed or employed by SendForensics;
g. use the string “SendForensics” for any website domain name;
h. spam or send bulk-emails including Links;
i. use paid advertising, paid search engine marketing (SEM), or paid social pages for promoting Links;
j. use its own Link to purchase any Services; and
k. make or authorize any proposal, representation, warranty, guarantee, or communication relating to the Services that is inconsistent with SendForensics' standard terms and policies, or that has not been approved or otherwise authorized by SendForensics in writing
8. SendForensics will bill the customer directly and will be solely responsible for collecting payment from subscribers. When a new customer subscribes to the Services through your Link, details will be provided in the Referral Program area within your SendForensics account.
9. SendForensics will establish a minimum hold period of 30 days, plus any time required to conduct a manual review, before making your reward available for redemption.
10. Referral Program rewards can be redeemed following the hold period from a choice of either of the two redemption payout methods we offer.
11. For the PayPal payout method, a cash payout will be sent to your provided PayPal email address. This PayPal address must be owned by the Referrer.
12. For the SendForensics subscription-credits payout method, your reward will be credited to your upcoming SendForensics subscription fees.
13. You will be responsible for paying any of your own applicable taxes and duties that may be imposed with respect to any compensation, rewards, or payments received under or in connection with this Agreement.
14. SendForensics will be responsible for paying any of our own applicable taxes and duties that may be imposed with respect to any compensation, rewards, or payments received under or in connection with this Agreement.
15. At SendForensics' discretion, it may increase, change, or modify reward distributions at any time with no liability or further obligations to you.
16. Any unclaimed rewards will be forfeited:
17. The term of this Agreement (the “Term”) will begin upon your acceptance of this Agreement and will end when terminated.
18. In the event of the Referrer breaching the Restricted Activities, we may terminate this Agreement at any time without notice.
19. Except as set forth above, we may terminate this Agreement at any time, with or without cause, by giving you at least five (5) days written notice of termination.
20. You may terminate this Agreement at any time, with or without cause, by ending your own paid subscription to SendForensics Services and ceasing use of the Link, or by providing at least five (5) days written notice of termination.
21. You are only eligible to earn rewards on new subscriptions occurring during the Term.
22. Each of us hereby represents and warrants to the other that:
a. it has full power and authority to enter into this Agreement and to perform its obligations hereunder;
b. it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement; and
c. it will perform its obligations in compliance with all laws, rules, and regulations applicable to its activities pursuant to this Agreement.
23. SendForensics will remain solely responsible for the operation of the SendForensics website and Services, and you will remain solely responsible for the operation of the Referrer Site. Each party acknowledges that (i) their respective sites may be subject to temporary downtime due to causes beyond their reasonable control, and (ii) it retains sole right and control over the programming, content, and conduct of transactions over its respective site or service.
24. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES PROVIDED IN THIS AGREEMENT, THE SERVICES AND REFERRAL PROGRAM ARE PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SENDFORENSICS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR THROUGH COURSE OF DEALING, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING (I) THE AMOUNT OF REWARDS REFERRER MAY GENERATE DURING THE TERM, AND (II) ANY ECONOMIC OR OTHER BENEFIT THAT REFERRER MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
25. UNDER NO CIRCUMSTANCES WILL SENDFORENSICS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY CLAIMS FOR LOST PROFITS, LOST BUSINESS, OR LOST DATA) ARISING OUT OF THIS AGREEMENT, EVEN IF SENDFORENSICS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SENDFORENSICS' ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER CAUSE OF ACTION WILL NOT EXCEED THE AMOUNTS PAID TO REFERRER UNDER THIS AGREEMENT IN THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
26. You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney's fees) relating to the operation of any Referrer Site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights in respect of your Referrer Site and activities under this Agreement.
27. We may revise this Agreement from time to time. By continuing to access or use the Services and Referral Program after revisions become effective, you agree to be bound by the revised Agreement.
28. This Agreement is governed by Singapore law. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.