Terms and Conditions
Date: February 14, 2022
These Terms and Conditions are a legally binding agreement between Cleaner Mails and you. Cleaner Mails offers its users a solution for cleaning up their email lists by removing bad email addresses. Please read these Terms and Conditions carefully, to make sure that you understand each provision. If you sign up to use the services provided by Cleaner Mails, you acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions contained herein.
Agreement means the legally binding agreement which the User enters into with Cleaner Mails, and to which these Terms and Conditions are expressly applicable. The Agreement will be established upon the User accepting the applicability of these Terms and Conditions.
User means the party that contracts with Cleaner Mails for the use of the Services. The User under these Terms and Conditions is a either a business, organization, or institution contracting as a legal entity, or an individual contracting as a consumer. If the User is a consumer, the User has additional rights as specified in Article 6.6 of these Terms and Conditions.
Cleaner Mails means Innomated B.V., the company registered in accordance with Dutch law at Overschiestraat 59, 1062XD Amsterdam, under company number 83247092 (hereinafter also referred to as we, our or us).
Services means the Services as offered by Cleaner Mails. This includes offering of the solution that helps Users to clean up their email lists by removing bad email addresses.
Website means the website where the Services is advertised, described, and offered, located at https://cleanermails.com
|General applicability and amendment
These Terms and Conditions apply to the Services and all Services offered by Cleaner Mails, except where expressly indicated to the contrary.
You may not enter into an Agreement with Cleaner Mails, nor accept these Terms and Conditions if you do not have the required authority to form a binding contract with Cleaner Mails.
The use of the Services requires the unconditional acceptance by the User of the applicability of these Terms and Conditions. It is the responsibility of the User to read and understand the Terms and Conditions prior to using the Services. If you do not agree with these Terms and Conditions, do not use the Services.
All terms and conditions used by the User that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to the legal relationship between the User and Cleaner Mails.
In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in full force. Cleaner Mails will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
Cleaner Mails may unilaterally change these Terms and Conditions, with immediate effect. The amended Terms and Conditions are immediately applicable to any new Users, and existing Users after these have received a 30-day notice detailing the changes. If the User continues to use the Services after receiving such notification, the User is deemed to have accepted these amendments.
Except as supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement together with these Terms and Conditions contains the entire legal understanding between Cleaner Mails and the User and supersedes any and all prior or written understandings or agreements in relation to the User’s access to and use of the Services.
|Performance of the Services
Cleaner Mails may, at its sole and absolute discretion, refuse to verify any email addresses that are in violation of these Terms and Conditions, applicable law, or which are considered immoral or harmful.
Cleaner Mails does not guarantee the continuous and uninterrupted availability and/or accessibility of the Services and/or the Services. Cleaner Mails reserves the right to limit the availability of the Services or certain parts thereof if this is necessary in connection with capacity limits, security or to perform maintenance on the Services.
Cleaner Mails has the right to improve and/or change the Services and/or the Services and to introduce new features and/or functions from time to time. Where possible, maintenance will be carried out at a time when the User’s use is least affected.
If and insofar as the proper execution of the Agreement requires, Cleaner Mails has the right to have certain Services performed by third parties or to subcontract the Services or part thereof.
We offer optional end-to-end encryption for our Services. The User may opt out of this feature, which means that Cleaner Mails is entitled to use its own key to encrypt any data provided by the User. By using the end-to-end encryption feature, the User accepts full responsibility and liability for loss of the key. Cleaner Mails does not have access to the User’s key, and any loss of or unauthorized access to the key may result in loss of data.
Cleaner Mails may offer certain third-party integrations with the Services. Before using any third-party integration, the User is encouraged to review the third-party’s terms and conditions. Cleaner Mails may cancel the use of any third-party integration at any time and for any reason. The User hereby agrees that Cleaner Mails shall not be responsible or liable for any loss or damage a User may suffer as a result of such cancellation.
|Use of the Services
The Services should only be used for its intended purposes. Any other use of the Services is in violation of these Terms and Conditions.
The User hereby agrees and acknowledges that use of the Cleaner Mails Services through an API is at the User’s own discretion and risk.
Cleaner Mails has the right to limit the User’s activity on the Services or any API without prior notice and for any reason whatsoever, but in any case, following a breach of these Terms and Conditions.
Cleaner Mails has the right, in its sole discretion, to refuse the use of the Services to any User for any reason.
Cleaner Mails hereby grants the User, including all authorized End-Users of the User, a limited, non-exclusive, non-sublicensable, non-assignable license to access and use the Services, in accordance with these Terms and Conditions.
When using the Services, the User shall not:
Use the Services in such a way as to offend or interfere with the use by any other User;
Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
Upload, submit, publish, transmit or otherwise communicate any content on the Services that:
Upload or submit content that contains viruses, or any other computer code, corrupt files, or programs designed to interrupt, destroy, or limit the functionality, or to disrupt any Services, hardware, or other equipment;
Use the Services for data mining and/or email harvesting purposes;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof.
In order to access and use the Services, the User will need to register and create an account (the “User Account”). The User must provide accurate, current, and complete information in order to set up the User Account.
User must maintain the confidentiality of the passwords and User Account information and agrees to notify Cleaner Mails if the User suspects a password is lost, stolen, or disclosed to an unauthorized third-party, or otherwise may have been compromised.
The User shall guarantee the correctness, completeness, and reliability of relevant information provided to Cleaner Mails.
The User shall be responsible for all details and information uploaded to the Services.
|Fees and Payments
In order to use the Services, the User must purchase certain credits on our Website (the “Credits”). The User can do so by paying the associated fees (the “Fee(s)”) either via a one-off payment or by entering into a subscription. These credits can be used for the verification of email addresses, whereby 1 credit = 1 email address.
The User may opt to purchase credits via a one-off payment. This is done by purchasing any of the predefined packages on the Website. After purchasing the credits, they will not expire and can be used at any time.
The User may opt to enter into a monthly subscription for the use of the Services by selecting any of the subscription packages on the Website (the “Subscription”). If the User purchases a Subscription, the User will be charged the full price of the Subscription at the beginning of the Subscription term. The Subscription will automatically renew on a monthly basis, whereby unused Credits will roll over to the next month. The User hereby authorizes Cleaner Mails to charge the method of payment listed upon creating the User Account.
All Fees are specified on the Website in USD ($), including the statutory VAT and other applicable taxes (to the extent applicable), except if explicitly stated otherwise. Typing errors and changes are reserved.
The User hereby authorizes Cleaner Mails to charge the monthly Fee using the preferred payment method selected by the User. Payments are processed by Stripe.
The European Union right of withdrawal is not applicable, as Cleaner Mails offers its Services to the User under these Terms and Conditions as a B2B service, meaning that the User is not a consumer. If, for any reason, you are a consumer as defined by EU law, you may cancel any Subscription within 14 days of entering into the Subscription and you will be entitled to a full refund. This right shall not apply to subsequent months within the Subscription.
Cleaner Mails will offer (partial) refunds at its sole and absolute discretion under the following circumstances:
If Cleaner Mails is unable to withdraw the monthly Fee due and the User fails to pay for a period of 30 days, Cleaner Mails is entitled to: (a) suspend access to the Services, and/or (b) charge a pro-rata commercial interest at the statutory rate on the full amount owed as of the date on which payment should have occurred for each day not paid. The User will reimburse all costs that Cleaner Mails incurs to collect the amount owed, including costs of legal assistance, legal costs and extra judicial costs.
Cleaner Mails may unilaterally change its pricing, subscription plans or features thereof, at any time.
|Limitation of Liability
The Cleaner Mails Services are provided on an “as is” and “as available” basis. Cleaner Mails therefore does not issue any warranty, express or implied, that Cleaner Mails will meet the User’s requirements, or that the Services are accurate, reliable, compatible, and/or uninterrupted.
Cleaner Mails will take all reasonable steps to offer Users the best possible user experience. However, the User acknowledges that complex Services is never wholly free from defects, errors and bugs; and Cleaner Mails gives no warranty or representation that the Services will be wholly free from defects, errors and bugs.
Cleaner Mails will take all reasonable steps to create a safe and secure digital environment. However, the User acknowledges that complex Services is never entirely free from security vulnerabilities; and Cleaner Mails gives no warranty or representation that the Services will be entirely secure.
Cleaner Mails will not be liable for any loss or damage in connection with a third-party integration used on the Services. Cleaner Mails has no control over such third parties and is not responsible for the content and/or functioning of their respective services. Cleaner Mails provides third-party integrations only for Users’ convenience. Any concern with a third-party integration should be directed to the responsible third party.
Cleaner Mails is not liable for possible damage caused by use of the Services under these Terms and Conditions, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Cleaner Mails, provided that it has been demonstrated by the User.
To the maximum extent permitted by law, Cleaner Mails shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) User’s use or inability to use our Services and/or Services, (b) any conduct of any party other than Cleaner Mails itself, or (c) loss of an encryption key by the User.
Cleaner Mails’ liability is in any case limited to the amount of Fees paid in the 6 months prior.
The User shall indemnify Cleaner Mails against all damages suffered by Cleaner Mails and all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs that may arise due to a failure of the User to comply with these Terms and Conditions or applicable law.
The Services and any content thereon are protected by applicable intellectual property rights and the User hereby agrees to respect them. The User hereby receives a limited, non-exclusive, non-transferable license to use those rights insofar necessary to use the Services. All rights not expressly granted to the User are reserved by Cleaner Mails.
The User is prohibited from using Cleaner Mail’s trademarks, logos, slogans, and service marks for any purpose. Users are also prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through our Services, whether or not this constitutes copyright infringement.
Under certain circumstances, the User may upload certain content or data of any kind to the Services, including text, images, graphics, or personal data (the “User Content”). By uploading any User Content, the User represents and warrants that this does not violate any third-party rights or applicable law.
|Term and Termination
These Terms and Conditions will come into full force and effect on the date these have been accepted in writing, either physically or electronically, until terminated by Cleaner Mails or until the User stops using Cleaner Mails.
Cleaner Mails reserves the right to modify, suspend, or delete the User Account and terminate the User’s access to the Services if Cleaner Mails, at its sole and absolute discretion, believes that the User has breached these Terms and Conditions. Following such termination, the User’s license to use the Services will be automatically revoked. Cleaner Mails shall not be liable for any such actions taken, nor for the deletion of information or content from the User Account. The User shall not be entitled to receive a refund for purchased Credits or time remaining on a Subscription period.
The User may delete their User Account by contacting Cleaner Mails as indicated on the Website. Once the User Account is deleted, the license granted to the User for the use of the Services is revoked. Unless stated otherwise in these Terms and Conditions, the User shall not be entitled to receive a refund for outstanding Credits or time remaining on a Subscription period.
The User may terminate their Subscription without terminating their User Account. Any outstanding Credits will remain active.
Only the laws and regulations of the Netherlands apply to the legal relationship between Cleaner Mails and the User.
Unless otherwise required by law, the court closest to where Cleaner Mails holds its statutory seat is authorized (in the first instance) to take cognizance of any dispute between Cleaner Mails and the User, if no amicable solution of the dispute can be reached between Cleaner Mails and User.
Questions about these Terms and Conditions can be sent to [email protected].