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TERMS OF SERVICE

EasierEmails.com

Effective Date: [Insert Date]

These Terms of Service ("Terms") govern your access to and use of EasierEmails.com (the "Service"), operated by Editable Direct Mail ("EasierEmails," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

EasierEmails provides software tools that allow clients to create, manage, and distribute email marketing campaigns and personal URLs ("PURLs") for their customers.

EasierEmails is a marketing technology provider only. We do not control, verify, or guarantee the content, accuracy, legality, or results of any campaign created using the Service.

2. Eligibility and Account Responsibility

You must be legally able to enter into a binding agreement to use the Service.

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activity that occurs under your account
  • Ensuring all information you provide is accurate and up to date

You agree to notify us immediately of any unauthorized use of your account.

3. Client Responsibilities (Critical Section)

You acknowledge and agree that you, not EasierEmails, are solely responsible for:

  • The content of all emails, PURLs, landing pages, and messages you create or send
  • The accuracy of pricing, incentives, vehicle details, offers, and claims
  • Obtaining all required permissions and consents from recipients
  • Compliance with all applicable laws and regulations, including but not limited to:
    • CAN-SPAM Act
    • CASL (Canada)
    • GDPR
    • CCPA/CPRA
    • Any OEM, franchise, or brand-specific advertising rules

EasierEmails does not provide legal or compliance advice. Use of the Service does not guarantee compliance.

4. End User Data & Data Processing

When you upload or use customer data ("End User Data"), you represent and warrant that you have the lawful right to do so.

EasierEmails acts solely as a data processor on your behalf and processes End User Data only in accordance with your instructions and our Privacy Policy.

You remain the data controller and retain full responsibility for End User Data.

5. Prohibited Uses

You may not use the Service to:

  • Send unlawful, deceptive, or misleading communications
  • Violate privacy, marketing, or anti-spam laws
  • Infringe intellectual property rights
  • Distribute malware or harmful code
  • Harass, threaten, or abuse recipients
  • Impersonate another person or entity

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Intellectual Property

The Service, software, templates, branding, and underlying technology are owned by EasierEmails and are protected by intellectual property laws.

You retain ownership of your campaign content, but grant EasierEmails a limited license to host, process, and display that content solely to provide the Service.

7. Fees and Payment

Fees are billed according to your selected subscription or agreement.

All fees are non-refundable unless expressly stated otherwise. We may change pricing with reasonable notice.

Failure to pay may result in suspension or termination of access.

8. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation.

The Service is provided "as is" and "as available."

9. Disclaimer of Warranties

To the fullest extent permitted by law:

EasierEmails disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

We do not guarantee:

  • Campaign performance or results
  • Deliverability rates
  • Legal compliance of client-created content
10. Limitation of Liability

To the fullest extent permitted by law:

EasierEmails shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.

Our total liability for any claim related to the Service shall not exceed the amount you paid to EasierEmails in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless EasierEmails, its officers, directors, employees, and partners from any claims, damages, losses, liabilities, and expenses arising from:

  • Your use of the Service
  • Your campaign content
  • Your violation of laws or regulations
  • Claims by End Users, regulators, OEMs, or third parties
12. Termination

You may stop using the Service at any time.

We may suspend or terminate your access if you violate these Terms or use the Service unlawfully.

Upon termination, your access will end, and data retention will follow our Privacy Policy.

13. Changes to These Terms

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict-of-law principles.

15. Contact Information

Editable Direct Mail
2967 Dundas St W, Suite 1402
Toronto, Ontario, Canada, M6P 1Z2
Email: support@easieremails.com