Last Updated: This was last updated on 2022-12-18.
Welcome to Emailyard!
Emailyard is owned and operated by Moses Technologies. Inc.
These are the terms and conditions for:
https://www.emailyard.com
The following terms and conditions apply to the website, platform and services offered by Emailyard. This includes the mobile and tablet versions, as well as any other version of Emailyard that can be accessed through a desktop, mobile, tablet, social media or other device.
Use of the website, platform and services means that you agree to these terms and conditions as set forth below (the "Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Emailyard. By using Emailyard, you agree to be bound by this Agreement. If you do not accept the terms of this agreement, you should leave Emailyard platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Emailyard. You agree to be bound by any modification to this Agreement when you use Emailyard after any such modification is posted; it is therefore important that you review this Agreement regularly.
Emailyard may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the platform is revoked in such jurisdictions.
2. ELIGIBLITY
You may use the platform and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
3. ACCOUNT
If you register on Emailyard, you will be required to choose a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Emailyard of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Emailyard. Emailyard will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Emailyard with your email address and phone number you consent to our use of your email address to send you notices about the service, including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
The users may terminate their accounts any time, for any reason, by following the instructions on Emailyard. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Emailyard.
Emailyard reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Emailyard believes that you have breached any of these terms, furnished Emailyard with false or misleading information, or interfered with use of the platform or the service by others.
4. SUBSCRIPTIONS
When a user makes a purchase for a subscription, they are offered to buy the subscription for the price advertised on the website, according to the number of emails included with each subscription. Please check the price and the number of emails included with each subscription before placing an order.
Please check the prices of our services here:
https://www.emailyard.com/#pricing
When a user places an order online, Emailyard will send that user an email to confirm that the order for the service has been received. This confirmation email will be produced automatically so that the user has confirmation of the payment. If you do not receive the message, it is possible that the message has been sent to your spam folder.
Emailyard may cancel any sale and not provide the services and may change or discontinue the availability of the services at any time in its sole discretion. If a purchase is cancelled, any payments made for the service will be refunded in full. This does not affect your statutory rights.
Services may include automatic recurring payments. You authorize Emailyard to renew your subscription and to charge you periodically and progressively. The billing date is the date when the user makes his first payment. Your account will be automatically charged on the subscription billing date with all applicable fees for the next subscription period. The subscription will continue until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fee to your account. We will bill the recurring subscription fee to the payment method you provide during registration.
subscriptions will automatically renew for an additional period unless cancelled before the next payment. Cancelled accounts will immediately lose access to the Platform's payment features.
5. PAYMENTS
The services will be paid through the payment method available at Emailyard. When a user makes a transaction, Emailyard will send an email to confirm the transaction. This confirmation email will be produced automatically so that the user has confirmation of the transaction and purchase of the service.
The payment will be charged to the credit/debit card immediately after the payment for the corresponding service is made. When processing a transaction, we will issue an electronic transaction receipt that will be sent to the email address you provide.
Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of the services. Emailyard reserves the right to contract any payment platform available in the market, which treats your data with the only purpose of processing the purchase of the services.
6. SOFTWARE USE LICENSES
The software code is not for sale, Emailyard provides the license for use only. Emailyard gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Emailyard as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Emailyard, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the software and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of Emailyard or third parties.
Emailyard reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Emailyard believes that you have violated any of these terms or interfered with the use of the platform or service by others.
7. SOFTWARE DISCLAIMER
Emailyard will not accept any liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of the software offered by Emailyard. By using the services and using the software provided by Emailyard, you accept personal responsibility for the results of your actions in using such software. You agree to assume full responsibility for any damage or harm you suffer as a result of the use, or lack of use, of the software provided by Emailyard and the services available from Emailyard. The correct use of the software provided by Emailyard is at your own risk and responsibility. Emailyard does not accept claims from third parties for the use or misuse of the software by our clients.
8. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
9. INTELLECTUAL PROPERTY OF THE SOFTWARE
The intellectual property and all copyrights pertaining to the software offered on this platform and provided as part of the services, belong to Moses Technologies. Inc. Moses Technologies. Inc assigns to the user all rights, title and interest in the software, solely for personal use. The right to exploit the product and the commercial license are not included and can only be granted with the permission of Moses Technologies. Inc. Unauthorized use of the software or the available content of the software without the respective commercial licenses may cause a violation of copyright and result in a lawsuit, as provided by the copyright laws.
10. COPYRIGHT
All materials on Emailyard, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Emailyard or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Emailyard are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Emailyard prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Emailyard or any part of the material for any purpose other than its intended purposes is strictly prohibited.
11. COPYRIGHT COMPLAINTS
Emailyard respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Emailyard platform infringe upon your copyright or other intellectual property right, please send the following information to:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Emailyard may find it on the Emailyard website. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12. USER CONTENT
Certain features of the platform may permit users to upload content, which may be comprised of messages, images, text, and others and to publish that user content on the platform. You retain any Copyright that you may hold in the user content that you post to the platform. Nevertheless, we need certain permission from you in order to publish the content. Emailyard is not responsible for the accuracy, safety or legality of user content published in the platform. Users are solely and exclusively responsible for their content and the consequences of publishing their content.
13. ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the platform and website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this platform is at your own risk.
14. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Emailyard or licensed to the Emailyard by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. Additionally, you agree not to:
Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Emailyard;
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any portion of the services for any purpose without our express written permission;
"Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Emailyard in connection with the services;
Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content; or
Download any content unless it’s expressly made available for download by Emailyard.
15. DISCLAIMER OF WARRANTIES
Emailyard will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet “Emailyard” provides and maintains the platform and website on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Emailyard for any loss or damage caused as a result.
Emailyard will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Emailyard excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Emailyard and Emailyard shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on Emailyard;
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product or service purchased through the platform;
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform, or from transmissions via emails or attachments received from Emailyard;
All representations, warranties, conditions and other terms which but for this notice would have effect.
16. THIRD PARTIES
Emailyard contains content of third-party licensors to Emailyard, which is protected by copyright, trademark, patent, trade secret and other laws. Emailyard owns and retains all rights, title and interest in the Content. Emailyard hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the content and any third party Content located on or available through Emailyard or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Emailyard and using the Service.
Any dealings with third parties included within or on Emailyard involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Emailyard is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Emailyard does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Emailyard or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Emailyard is provided to you for informational purposes only. Emailyard encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Emailyard works to ensure the information on Emailyard is current and accurate.
17. NON-COMMERCIAL USE
The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by Emailyard. Unauthorized framing of or linking to any of Emailyard is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of usership privileges.
18. SECURITY COMPONENTS
You understand that Emailyard and software embodied within Emailyard may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Emailyard and/or content providers who provide content to Emailyard platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Emailyard.
19. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Emailyard for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
20. INDEMNIFICATION
You agree to defend and indemnify Emailyard from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the Emailyard platform and services.
21. CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
22. PERSONAL DATA
Any personal information you post on or otherwise submit in connection with the services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
23. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Emailyard without restriction.
24. INTEGRATION CLAUSE
This agreement together with the Privacy Policy and any other legal notices published by Emailyard, shall constitute the entire agreement between you and Emailyard concerning and governs your use of the platform and website.
25. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Emailyard platform, will be settled by binding arbitration between you and Emailyard, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
26. HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
27. FINAL PROVISIONS
These terms are governed by the laws of the United States. Use of our platform and services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
28. CONTACT US
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:
support@emailyard.com