1. Acceptance of Terms
  2. Account Registration
  3. Use of the Services
  4. Pricing and Payment Terms
  5. Communications
  6. Intellectual Property
  7. Confidential Information
  8. Termination
  9. Changes to the Services
  10. Sole Remedy
  11. Jurisdiction
  12. Entire Agreement / Translation / Interpretation
  13. No Waiver
  14. Warranty Disclaimer
  15. Limitation of Liability

1. Acceptance of Terms

S.C. InteliX Software S.R.L. owns and provides various websites (the “Websites”), services, and software (such as intellimails.com) that facilitate email analytics and intelligence and other types of content creation and sharing, collectively, the “Services”.

BY ACCESSING AND USING THE SERVICES IN WHOLE OR IN PART YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW (THE “TERMS OF SERVICE”). IF YOU REPRESENT A COMPANY, YOU AGREE THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF SERVICE ON BEHALF OF YOUR COMPANY, AND BY ACCESSING AND USING THE SERVICES IN WHOLE IN OR IN PART YOU AGREE ON BEHALF OF YOU AND YOUR COMPANY TO BE BOUND BY THESE TERMS OF SERVICE.

In these Terms of Service, we may refer to S.C. InteliX Software S.R.L. as “InteliX”, “us”, or “we”, and “you” shall refer to you and, where applicable, to your company. Any and all use of the Services is subject to these Terms of Service. If you do not agree to be subject to these Terms of Service, do not use the Services. BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

INTELIX RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, UPDATE, ADD, OR REMOVE PORTIONS OF THE TERMS OF SERVICE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. PLEASE CHECK THESE TERMS OF SERVICE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICES AFTER THE POSTING OF ANY CHANGES TO THE TERMS OF SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF THOSE CHANGES. You can review the most current version of the Terms of Service at any time at https://intellimails.com/terms-and-conditions/

Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. These Terms of Service cover your use of the Services, and you agree that these Terms of Service apply to your use of the Services. “Users” or Accounts shall refer to any and all individuals or organizations using the Services.

BY USING THE SERVICES, YOU ALSO CONSENT AND AGREE TO THE TERMS OF THE INTELIX PRIVACY POLICY. You can review the most current version of the Privacy Policy at any time at https://intellimails.com/privacy-policy-2/

2. Account registration

Use of the Services is restricted to users at least 16 years of age. If you are under the age of 16, you must use an account created by a parent or guardian, and you must have the explicit permission of a parent or guardian to use the Services.

If you are under the age of 18, you must have the explicit permission of a parent or guardian to sign up for any paid services on the Services.

You must register to access and use certain parts of the Services.

When you enter or try to use a part of the Services that requires registration, you will be prompted to create an account (a “User Account”) or log into your existing User Account. You understand that if you are so prompted you will not be able to continue using that portion of the Services without having a User Account.

If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. You agree that any information you provide when registering for the Services, and at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. FAILURE TO DO SO SHALL CONSTITUTE A BREACH OF THESE TERMS OF SERVICE.

You are responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account, whether or not made with your knowledge or authority. InteliX cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3. Use of the Services

InteliX grants to you a non-exclusive license to access and use the Services in accordance with these Terms of Service. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services, in whole or in part.

InteliX shall use all commercially reasonable efforts to make its Services available 24 hours a day, 7 days a week, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays.

InteliX shall provide you with basic online support for the Services at no additional charge, and/or upgraded support if purchased separately, and shall provide the Services only in accordance with applicable laws and government regulations.

4. Pricing and Payment Terms

    1. Subscription Fees:You understand that the services require monthly and/or annual payments (“Subscription Fee”) to continue to use such services. These fees are posted and updated periodically on the InteliX’s IntelliMails web site (https://intellimails.com).
    2. Payment: Payment is handled exclusively by our Merchant of Record, Paddle.
    3. General: You agree to pay all charges that are applicable to you as set forth on the InteliX website and/or in these Terms of Service. You agree that the address and email address you provide in your account settings are valid addresses and that InteliX may contact you at such addresses or through other electronic or facsimile communications. InteliX reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the InteliX website and will be effective after such posting. InteliX reserves the right but has no obligation to notify you through the contact information you provide of any such changes.
    4. Auto-Renewal: Our Merchant of Record, Paddle, automatically bills your payment information on each periodic renewal subscription term, from the date of your first purchase until you cancel your account. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, including through a declined credit card transaction, InteliX reserves the right to suspend your account and delete the storage associated.
    5. Refunds: Any fees paid to InteliX by you, through the Merchant of Record, pursuant to these Terms of Service are nonrefundable. The Services are billed in advance on a monthly or yearly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Any exception to this policy is at the sole discretion of InteliX.
    6. Nonpayment:If, for whatever reason, your payment method fails, and the payment does not go through, InteliX reserves the right to suspend your access to the Services. If you fail to pay the applicable charge within five (5) days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, InteliX reserves the right to cancel your account. In the event InteliX cancels your account for non-payment, all amounts due and unpaid from you to InteliX for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, InteliX reserves the right to seek payment using any remedies allowed to it by law. InteliX shall have the right to recoup all payments due to it under this agreement as set forth in this agreement.
    7. Disputes:If you wish to dispute any charge invoiced to you by InteliX through our Merchant of Record, you may submit a disputed charge directly with our Merchant of Record, Paddle. InteliX does not handle any billing inquires.
    8. Cancellation: You may cancel your paid subscription at any time. If you do, we’ll treat your information responsibly.

5. Communications

InteliX reserves the right to contact you from time to time for feedback about the Services. We may also contact you regarding service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, notices posted on the InteliX websites. Notices will be deemed effective at the time they are sent by InteliX or as of the date they are posted, regardless of whether you actually read any such notices.

You consent that any emails, surveys, other information or feedback regarding the Services or the Websites that you provide to InteliX through the Services or via any other medium, except for Personally Identifiable Information, as defined in the InteliX Privacy Policy, can be used by InteliX in any manner, including but not limited to for reviews and ratings on InteliX websites.

6. Intellectual Property

InteliX retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “InteliX Intellectual Property”) that are the exclusive property of InteliX and/or its licensors. We do not transfer any rights in or to the InteliX Intellectual Property to you.

Content of the Services that incorporates or includes any of the InteliX Intellectual Property may not be used, copied, reproduced, distributed, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of InteliX or the rightful owner, as applicable.

7. Confidential Information

Confidential Information is any oral, written, graphic or machine-readable information disclosed by InteliX that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential.

Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of InteliX, and to maintain the confidentiality of the Confidential Information.

8. Termination

Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate.

9. Changes to the Services

InteliX has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice. InteliX also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Service or to the Services without restriction.

10. Sole Remedy

Your only remedy for any dispute with InteliX is to stop using the Services.

11. Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Romania, without regard to its conflicts of laws principles. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and your use of the Services resides in the courts of the Country and County of Cluj-Napoca, Romania and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.

12. Entire Agreement / Translation / Interpretation

These Terms of Service, other InteliX legal policies as posted on the Websites, and any operating rules for the Services established by InteliX constitute the entire agreement between InteliX and you regarding your use of the Services. If any provision of these Terms of Service should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Service if no such modification is possible, and the other provisions of these Terms of Service shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.

13. No Waiver

A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.

14. Warranty Disclaimer

The Services are provided “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. InteliX does not GUARANTEE that users will be able to access the Services at all times or places, that InteliX will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, INTELIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. INTELIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEB SITES LINKED TO THE SERVICES. INTELIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND INTELIX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.

You understand that InteliX uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

15. Limitation of Liability

IN NO EVENT SHALL INTELIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT,
  7. USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY,
  8. YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Questions about the Terms of Service should be sent to support@intellimails.com