LAST REVISED DECEMBER 11, 2022
MAILSHAKE IS OWNED AND OPERATED BY MAILSHAKE, LLC
PLEASE READ THESE TERMS CAREFULLY BEFORE BROWSING THIS SITE, BECAUSE USING THIS SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU MAY NOT USE OR ACCESS THE SITE OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
In order to access certain restricted portions of the Site or to sign-up for certain Services, you must be 18 years old. You must also register on the Site by completing a registration or enrollment form (“Registration Form”). You agree to provide accurate, complete and current information when completing the Registration Form as of the date submitted, and further agree to update such information as necessary. You acknowledge that Mailshake may accept or reject any Registration Form in its sole discretion.
As part of the registration process, you will select a user name based on your e-mail (“User Name”), and a password (“Password”) to access the User Name. Your User Name and Password are your credentials (“Credentials”) to access the restricted portions of this Site. You agree not to create a User Name that is vulgar, attempts to impersonate another person, or otherwise violates the rights of third parties, and acknowledge that Mailshake may reject any User Name that it determines is unacceptable in its sole discretion.
You are solely responsible for access and use of the Site and Services under your User Name and Password and for maintaining the confidentiality of your User Name and Password. You also agree to promptly notify Mailshake of any actual or suspected unauthorized use of the Site or Services and ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. Please note that Mailshake will store a Password retrieval question and answer, which allows you the ability to retrieve your Password. If You do not answer the retrieval question correctly within the stated number of attempts, your User Name will be permanently deactivated, and you will need to re-register on the Site with a new User Name and Password.
You agree not to engage in any of the following prohibited activities: (i) copying, modifying, creating derivatives, distributing, disclosing, selling or offering to sell any part of the Site or Services in any medium, including without limitation by any automated or non-automated scraping; (ii) using any automated system, including without limitation robots, spiders, offline readers, etc., to access the Site or Services in a manner that sends more request messages to the Mailshake servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Mailshake grants the operators of public search engines revocable permission to use spiders to copy materials from mailshake.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email through the Site or Services; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site or Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site or Services; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Site or Services; (x) accessing any content on the Site or Services through any technology or means other than those provided or authorized by the Site or Services; or (xi) bypassing the measures we may use to prevent or restrict access to the Site Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Services or the content therein.
The Company may makes changes to the Site or Services without prior notice, stop providing the Site or Services (or features of each), or create usage limits for the Services. The Company may terminate or suspend your access to the Site or Services without notice for any reason, including if in our sole determination you violate any provision of these Terms. You agree to be bound by these Terms with respect to the Site or Services even after termination.
The following is a non-exhaustive list of reasons Mailshake may terminate or suspend your access to the Site or Services: (1) attempts to gain unauthorized access to the Site or Services or assist others in attempting to do so, (2) disabling any security features on the Site or Services, (3) suspected or actual infringement of Mailshake’s or a third party intellectual property rights or (4) pursuant to requests by law enforcement or other government agencies.
YOU ACKNOWLEDGE AND AGREE THAT MAILSHAKE ASSUMES NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE OR SERVICES OR YOUR USE OF OR ACCESS TO THEM.
Mailshake Content and Intellectual Property. The Site, Services and all materials therein or transferred in connection with them, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music (collectively, the “Mailshake Content”) are the exclusive intellectual property of Mailshake. Except as explicitly provided in these Terms, Mailshake does not license or permit any use of Mailshake Content or intellectual property. Specifically, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Mailshake Content. Your use of Mailshake Content for any purpose not expressly permitted by these Terms is strictly prohibited.
If you submit comments or ideas about the Site, Services or Mailshake Content – such as how to improve the Site, Services or Mailshake Content (collectively, “Ideas”) – you agree that any such submission will not place Mailshake under any fiduciary or other obligation, and that the Company is free to use these Ideas without any compensation or restriction to you or anybody else.
License Grant. Subject to these Terms, Mailshake grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Site, Services and Mailshake Content for your personal or internal business purpose use only and as permitted by the features of the Site or Services. Mailshake reserves all rights not expressly granted herein in the Site, Services and the Mailshake Content. Mailshake may terminate this license at any time for any reason.
Billing Policies. Portions of the Site or Services require a fee or other charge (“Paid Services”). If you elect to use Paid Services, you agree to the pricing and payment terms listed on the Site, as updated from time to time. Mailshake may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. If Mailshake makes change to its pricing or payment terms, they shall become effective in the billing cycle following notice of such change to you as provided in these Terms. Mailshake may lock your account for non-payment at any time. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees or other third parties’ charges. You agree that all communication related to delinquent accounts will be made by electronic mail or by phone. Such communication may be made by Mailshake or by anyone on our behalf, including but not limited to a third-party collection agent. You may cancel Paid Services at any time by sending an email to Mailshake at email@example.com. If you cancel Paid Services during the middle of a month, Mailshake will not provide you with a pro-rata refund of any prepaid fees as all fees paid for the Services are nonrefundable.
Payment Information; Taxes. All information that you provide in connection with Paid Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Termination. We reserve the right to permanently delete any customer data once you cease to be a paying customer. Upon cancellation of your account, you will also lose access to any grandfathered pricing plan.
Hibernation. At any time, you can pause your payment plan by putting your account into hibernation status for a stated amount of time. Your account will be automatically reactivated upon expiration of the hibernation period you specified and billing will resume. Hibernation terminates any access to grandfathered pricing plans, and following automatic reactivation Mailshake will reactivate your account to either the same plan you had prior to hibernation or the closest available payment plan by dollars spent to your grandfathered payment plan even if this results in a higher priced plan, if applicable.
Free Trial. Mailshake may, at its sole discretion, offer free trials of products or services. Mailshake makes no warranties about the delivery time of such a free trial, and all free trials are subject to discontinuation by Mailshake at any time for any reason, with or without notice. Upon the cancellation of a free trial subscription of the Services, any discount obtained via a coupon code will be null and void and any future subscription for the Services will be charged pursuant to Mailshake’s normal pricing structure at that time.
As some websites may require permission to scan their URL or website content, you agree that you have obtained necessary permissions to access and scan any URLs or website content that you submit through the Site or Services. Mailshake hereby disclaims any liability associated with unauthorized scanning of any website URL or website content; you agree to release Mailshake from any such liability.
Notwithstanding anything set forth in this Agreement and in addition thereto, Customer’s use of the call recording functionality must comply with any and all local laws and regulations including local notice requirements thereof.
Mailshake develops its Site and Services for the United States and makes no representation that the Site, Services or Mailshake Content are appropriate or available for use outside the United States. Accessing them from territories where their contents are illegal is discouraged, and those who choose to access the Site or Services from other locations and are responsible for compliance with local laws.
There may be opportunities for you to contribute information, data or materials to the Site, such as uploading data or other information or participating in chats or using bulletin boards (collectively, such information, data or materials shall be referred to as “User Content”). Some User Content may be viewed by any other users with access to this Site, and you should not assume that any User Content is confidential. You grant to Mailshake an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute User Content. Mailshake does not vet and assumes no liability for any User Content. You may be liable for User Content you post to the Site, including without limitation infringing, defamatory or offensive materials. If you discover infringing, defamatory or offensive materials on the Site, please notify us at firstname.lastname@example.org. We will investigate your claim promptly and may then take action as appropriate.
Mailshake may remove any unauthorized User Content if we believe that User Content has violated Mailshake’s rights, is otherwise inconsistent with or constitutes a breach of these Terms, or violates the rights of another user or the law.
As between the parties, you shall have sole responsibility for (a) the accuracy, quality, and legality of personal information; (b) the means by which the personal information you provide was acquired; (c) ensuring the Services are appropriate for you as well as any personal information or other data you input; (d) ensuring all contractual terms required under any applicable privacy laws have been entered into between the parties hereto; and (e) ensuring any required consent of a data subject has been or is obtained, and any necessary disclosures made, for any use or disclosure by you or Mailshake.
If you are a “Controller” or “Processor” (as such terms are defined in the General Data Protection Regulation (“GDPR”) subject to the GDPR, a “business” under the California Consumer Privacy Act, as amended (“CCPA”), a “Controller” under the Virginia Consumer Data Protection Act (“VDCPA”), or a similar entity under another data protection law requiring contractual terms with processors, you shall not provide any Personal Data (as defined in GDPR and VDCPA, as applicable) or Personal Information (as defined in CCPA), or similar term under another such data protection law, about other data subjects, where such personal information is governed by those laws, prior to notifying us in writing by email to email@example.com and entering into an appropriate data processing addendum (“DPA”) signed by both us and you. If you do not have a signed DPA with us, you represent and warrant that you have not provided any such personal information to Mailshake through the Site or Services. Notwithstanding any language to the contrary herein or elsewhere, you agree that Mailshake is an independent controller with respect to the personal information provided to the Services.
Unless you have notified Mailshake by email to firstname.lastname@example.org, you represent and warrant that any personal information or other data you provide to the Site or Services is not subject to any licensing restrictions by a third-party.
Mailshake prohibits using the Site or Services for any commercial purposes other than the use of (or inquiry about) Mailshake products or services. You must obtain our prior written consent to make commercial offers of any kind on the Site or Services, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Mailshake products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
You agree and acknowledge that Mailshake may terminate your access to the Site or Services, cancel any transactions or exercise any other remedy available under law, in Mailshake’s sole discretion and without prior notice. You agree that monetary damages may not provide a sufficient remedy to Mailshake for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Mailshake may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Mailshake is not required to provide a refund to you for any Paid Services if your account is terminated because you have violated these Terms.
YOU ACCESS AND USE THE SITE AND SERVICES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH THE SITE OR SERVICES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED OR ACCESSED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND YOU ACCESS THESE AT YOUR OWN RISK.
WITHOUT LIMITING THE ABOVE DISCLAIMERS, MAILSHAKE (INCLUDING ANY ITS SUBSIDIARIES, AFFILIATES, AGENTS, AND JOINT PARTNERS): (1) MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER CONCERNING THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE, THE ACCESS TO, OR THE AVAILABILITY OR USE OF, THIS SITE, THE SERVICE OR ANY OTHER INTERNET SITE, THE INFORMATION AND CONTENT FROM WHATEVER SOURCE POSTED ON OR REFERRED TO ON THE SITE, THE SERVICE OR ANY OTHER INTERNET SITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR CONTENT; (2) DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO, OR USE OF, THIS SITE, THE SERVICES OR ANY OTHER INTERNET SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICES OR ANY OTHER INTERNET SITE IS, OR THE INFORMATION OR CONTENT FROM WHATEVER SOURCE AVAILABLE FOR USE OR DOWNLOADING ARE, FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (3) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY OTHER SERVICES OR PRODUCTS LISTED ON, OR ACCESSED THROUGH, THIS SITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN AT ANY TIME AND MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING SUCH PRODUCTS OR SERVICES; AND (4) DOES NOT REPRESENT OR WARRANT THE ACCURACY, FUNCTIONALITY OR SPECIFICATIONS OR ANY OTHER ASPECT OF ITEMS FROM WHATEVER SOURCE POSTED OR ACCESSED THROUGH THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, OUTAGES, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MAILSHAKE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT WILL MAILSHAKE OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, THE SERVICES OR ANY OF THE PRODUCTS OR SERVICES OFFERED OR ACCESSED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF MAILSHAKE, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MAILSHAKE, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, AND SUPPLIERS IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED OR ACCESSED ON THIS SITE AND ANY HYPERLINKED SITES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THE LIMITATION OF LIABILITY OR THE EXCLUSION OF IMPLIED WARRANTIES SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, MAILSHAKE’S MAXIMUM AGGREGATE LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $500. TO THE MAXIMUM EXENT ALLOWED BY LAW, MAILSHAKE’S AGGREGATE LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU PAID FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE CLAIM, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You represent and warrant that (a) no User Content or information of any kind submitted through your use of the Site or the Service will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) you are at least eighteen (18) years old; (c) you are authorized to share User Content with Mailshake and that you are not prohibited by any contract, policy, rule, or regulation from doing so.
You agree to defend, indemnify, save and hold harmless Mailshake and its subsidiaries, affiliated companies, suppliers, partners and licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of Mailshake’s use or distribution of any User Content, your use of the Site and the Services, including any violation or alleged violation of these Terms or your violation of any rights of any third-party.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time, so you should review this page periodically. If a revision is material we will update the ‘Last Revised’ date at the top of this page and, use commercially reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site, the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Any such changes will become as of the Last Revised date; changes addressing new functions of the Site or the Services or changes made for legal reasons will be effective immediately.
By continuing to access or use our Site and/or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the the Site and Services.
Mailshake operates the Site and Services from its offices in Austin, Texas, United States, and makes no representation that any content contained in this Site is appropriate or available for use in other locations outside of the United States. By accessing this Site and Services, you agree to be governed by the laws of the State of Texas, notwithstanding any principles of conflicts of law. Any claim arising out of or relating to these Terms, the Site, the Services, or to your relationship with Mailshake shall be litigated exclusively in the federal or state courts located in Travis County, Austin, Texas, U.S.A. You and Mailshake consent to the exercise of personal jurisdiction of such courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. You agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.
Mailshake is not responsible for the products, services, actions or failures to act of any third party referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in the Site to us at email@example.com. We may investigate the claim and take appropriate action in our sole discretion. Please direct all questions about these terms to firstname.lastname@example.org.