Terms of use

Effective Date: September 11, 2020

Our web page represents a legal document that serves as Terms of use and it governs the legal terms of our services provided through our website https://dmarceye.com/, sub-domains, and any associated web-based and mobile applications, as owned and operated by Ecomail.cz, s.r.o., Reg. No. 02762943, with its registered office at Na Zderaze 1275/15, 120 00 Prague 2, Czech republic, (“Ecomail.cz”, “we” or “us”). Ecomail.cz is a company specialized in the online marketing and digital communications.

By using the dmarceye.com online DMARC monitoring and reporting from Ecomail.cz, you’re agreeing to be bound by these Terms of use. The most current version of this Terms of use can be reviewed by clicking on the Terms of use hypertext link located at the bottom of website https://dmarceye.com/. If you don’t agree to these Terms of use, you must instantly discontinue your use of the Service. These Terms of use define the terms and conditions under which you’re allowed to use the Service, and how we’ll treat your account while you’re registered.

Especially you undertake that the use of the Service is provided to the end users only for commercial purpose and isn’t considered to be provided to the consumers. These Terms of use are not subject to the legal framework applicable to agreements with consumers. If you shall use the Service in a position of a consumer, please contact us on the email info@dmarceye.com. We shall offer you separate terms of use that will ensure consumer’s protection under the directive 2011/83/EU on consumer right.

DEFINITIONS
1. The following terms in this Terms and conditions shall have the meaning attributed to them under this section when capitalized:
  1. Software or dmarceye.com means a DMARC monitoring and reporting service, a software developed by us and provided through our application https://app.dmarceye.com/.
  2. User or you means any person using the Service according the Terms of use, but doesn’t mean a consumer.
  3. Account means the account you’ve been signed up for the purpose to use the Service according to the these Terms of use.
  4. Service means all the functionalities of the Software offered through our application https://app.dmarceye.com/ (to monitor DMARC reports).
  5. Content means all of the material, content, data, and information (including your personal information, persona information of the other) you make us available to in the course of using the Service or with your permission.
  6. Harmful code means any software, hardware or other technology including any virus, worm, malware or other maliciou computer code, the purpose or effect of which is to (A) permit unauthorized access to, or to destroy, disrupt, disable, distort orotherwise harm or impede in any manner any computer, software, firmware, hardware, system or network or any application o functionof any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby, or (B prevent the Userfrom accessing or using the Software as intended by this Terms of use.
  7. Intellectual property means all current and future copyright, patents, utility models industrial designs, trademarks domain names, database right and other intellectual property rights, whether or not capable of registration, whether or no registered,and applications of any of the foregoing and all intellectual property rights whether now known or created in th future.
  8. Monthly plan means access to all offered features based on monthly payment.
  9. Yearly plan means access to all offered features based on yearly payment.
  10. API Token. The API token can be generated anytime, but the token is only valid during the trial period or if the use has a paid subscription plan.
  11. Charges for Plugin. If you use a Plugin that has a charge, then you’ll be billed that additional amount with eac billing cycle for as long as the Plugin is active. Your billing cycle for a Plugin may differ from your billing cycle for you Monthly Plan or other Services, and certain Plugin may require upfront payment for their entire billing cycle.
  12. Subscription fees means a periodic fee that User undertakes to pay at the beginning of the Term for use of the Softwarunder the provisions of the selected Subscription Plan.
  13. Subscription Plan means a subscription to the Software that provides a certain number of features. A Subscription Pla must be selected for each User application created by User.
USE POLICY
1. You may use the Service to create custom, responsive email templates. You may not use the Service for any other purpose without our prior written consent. You are obliged to use the Service only for legal purposes.
2. Especially you undertake that you do not:
  1. use the Service in connection with unsolicited mass distribution of email known as spamming („spam”);
  2. remove or alter our trademarks, or any trademark, copyright or other proprietary notices, symbols or labels in the Software;
  3. upload, provide or distribute any information that are inappropriate, profane, defamatory, obscene, indecent, unlawful or otherwise violating the legal rights of others, pornographic, abusive or otherwise offensive content or prostitution;
  4. use the Service in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, stolen products and hazardous materials;
  5. contain, transmit or activate any Harmful code;
  6. use the Service to upload, make available any files that contain images, photographs, software or other material protected by intellectual property laws;
  7. damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Software or our provision of Services to any third party (in whole or in part);
  8. violate any applicable laws or regulations;
3. We shall inform the User about such non-authorized uses. In the case that we become aware of the use of the Service in breach of the above provisions its Users, we reserve the right to immediately and definitively block access to and use of the Service and/or to close account of the User in accordance with section 17 of these Terms of use.
PROPRIETARY RIGHTS, LICENSE
1. All right, title and interest in and to the Software, including all intellectual property rights are and shall at all times remain the sole and exclusive property of Ecomail.cz and are protected by applicable intellectual property laws and treaties.
2. Based on your compliance with the Terms of use, we shall provide a limited, non-exclusive and non-transferable license to use the Software. You have no right, license or authorization with respect to any of the Software except as expressly set forth in section 2 of these Terms of use.
3. You accept that we have the right at any time to change or discontinue any aspect or feature of the Software, including, but not limited to, content, equipment needed for access or use, fees and charges for use.
OTHER RESTRICTIONS
1. You may not:
  1. copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of the Software;
  2. otherwise use the Software on behalf of any third party; or
  3. publish or otherwise disclose information relating to performance or quality of the Software to any third party.
ACCOUNT
1. In order to use the Service, you must be eligible. That means you are able to enter into contracts (at least 18 years old). We may refuse the Service, close Account of any User, when changes User’s eligibility at any time.
2. If you sign up for an Account and agree to these Terms of use, the agreement between you and us is formed. This agreement will continue for as long as you have an Account (until terminated in accordance with these Terms of use). If you sign up for an Account on behalf of an entity, you represent and warrant that you have the authority to accept these Terms of use and enter into the agreement on its behalf.
3. You’re responsible for keeping your account details (name and password) confidential. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. You represent and warrant that all information you provide to us when you create an Account, and when use the Service, is and will remain complete and accurate.
4. Your Account will be closed on your request at the end of your Monthly plan or Yearly plan. No refunds shall be paid to the User but your Account will be closed if there is no other obstacle.
5. You acknowledge and agree that if your Account is inactive for 24 months or more, we may terminate your Account and you won’t be entitled to a refund for a prepaid month.
6. Once your Account is terminated, you acknowledge and agree that we may permanently delete your Account and all the data associated with it, including your Content. Before deleting your Account including the Content, we will send you a notice. After 30 days of the notice delivery we will permanently delete your Account including your Content.
7. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future Accounts and cannot be reclaimed.
SECURITY AND PRIVACY
1. Your privacy is important to us. We employ security measures in accordance with applicable and routine practice. Please read our Privacy Policy and our Cookie Statement for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.
2. You shall employ all physical, administrative and technical controls and security procedures and other safeguards necessary to maintain the confidentiality of your Content while using the Service. You acknowledge that you bear sole responsibility for adequate security, protection and backup of your Content and other software. You agree to notify us promptly of any known unauthorized access or of any reasonably suspected breach of your Content. Please note that we will have no liability for any unauthorized access, use, destruction, loss or changing your Content when you use the Service.
3. User agree that we may use material, statistics, and information that is not deemed confidential to our business for use in press releases, customer testimonials, and as a reference or to develop new features and services.
CUSTOMER SUPPORT
1. For purposes of these Terms of use, „support” means email guidance provided by us pertaining to the installation, assisted integration or usage of the Software.
2. We provide support to the User only if he has reported valid discrepancies. You understand that we’re able to provide support only if the discrepancy is sufficiently described.
3. The customer support is available on working days and maximal reaction to reported case is 48 hours.
4. You undertake to notify us of all problems and ideas for improvement of the Service. You hereby assign to us all rights, titles and interests to such improvements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.
SERVICE LEVEL
1. You acknowledge that:
  1. the access to and use of the Service may be suspended for the duration of any unanticipated or unscheduled outage or unavailability of the Service for any reason, including as a result of power outages, system failures or other interruptions; and
  2. we shall be entitled, without any liability to you, to suspend access to the Service at any time for scheduled outage to permit us to conduct maintenance or make modifications to any part of the Software; or in the event of a virus attack, other attack on the Software; in the event that we determine that any part of Service is prohibited by law (“Service suspensions”).
  3. we shall be entitled to give you at least seven (7) days prior notice of all scheduled outages of the Software.
2. We shall have no liability for any damages, liabilities, losses (including any loss of data or profits) or any other consequences may incur to the User as a result of any Service suspension. To the extent we are able to provide you with a notice on our website of any Service suspension, but we have no liability for the manner in which notice may be done or if notice is failed to do so.
LIMITATION OF LIABILITY
1. Except prescribed by applicable law you acknowledge and agree that:
  1. you assume full responsibility for any loss that results from your use of the Service, including any lost profits, lost data, computer failure or malfunction, interruption of business or other damages of any kind arising from the use of the Service;
  2. we won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages; and
  3. in any calendar month, our total liability to you arising under or in connection with providing the Service will be no more than what you paid us for the Service the preceding month.
  4. we won’t be liable for any losses or damages you suffer if you use the Service in violation of these Terms of use, regardless of whether we terminate or suspend your Account due to such violation.
WARRANTY DISCLAIMER
1. The Service is provided on “as is” basis on the User own risk without any warranty. This means that, except as expressly stated in these Terms of use, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability, accuracy, results of use, reliability, and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from these Terms of use.
INDEMNITY
1. Indemnity is an agreement to compensate someone for a loss. You agree that we shall have no liability whatsoever for any use of the Service. You also agree to indemnify and hold us harmless from any losses arising from your use of the Service, including legal fees and expenses, that directly or indirectly result from your Content, from your use of the Service, from your violation of any laws or regulations, from a breach of any representations or warranties you’ve made to us.
TERMINATION BY USER
1. When you're using the free of charge version of the Service, you may terminate usage of the Service at any time.
2. When you're using the paid version of the Service, you may cancel your subscription by the end of the prepaid period, depending on your Monthly plan or Yearly plan. No refunds shall be paid to the User.
3. User's Account will be deleted within 30 days after cancelling your subscription.
CHANGES OF TERMS OF USE
1. We can change these Terms of use at any time. The proposed changes cannot be made before the notification period, which is reasonable and proportionate to the nature and extent of the proposed changes and their consequences for Users, has expired. This notification period will be at least 15 days from the date on which Ecomail.cz notifies Users through the website https://dmarceye.com//in the User's Account, section “Notifications” of the proposed changes. We'll extend the notification period if it is necessary to give you enough time to make technical or business adjustments to adapt to these changes.
2. You have the right to terminate the usage of the Service with us before the end of the reporting period, in that case you're obliged to notice us at email hello@topol.io. Such termination shall take effect within 15 days of your notification.
3. We may increase the fees by providing written notice to User at least 30 days before the commencement date of any term. The new rates will be applied from the date of renewal of the Terms of use and will be kept unchanged at least for the next term. In the event that User does not intend to accept such changes, User must cancel the subscription in accordance with section 12 of this Terms of use. In the event of cancellation submitted beyond the aforesaid deadline, the new rates shall be considered accepted by User and will be legally applied.
4. This Terms of use will be effective commencing on the effective date and will remain in effect for the duration selected by User (the “Initial Term”) unless and until terminated.
5. This Terms of use will automatically renew (“Renewal”) for additional successive terms having a duration equal to the Initial Term (such successive terms, together with the Initial Term, constitute the “Term”), unless earlier terminated pursuant to this Terms of use express provisions or User gives notice of non-renewal by canceling his subscription, which will be effective at the expiration of the current Term. In consideration of the availability of the Software, User will be required to pay the fees for the entire current Term, even if it does not use the Software.
PAYMENT
1. When using the paid version of Service, you usually pay monthly:
  1. a regular basis for a chosen amount of domains: or enterprise solution. you‘ll pay fees in accordance with this PRICING;
2. You'll have access to the paid version of the Service, only if we have received the payment in advance. The only payment method is online payment by your card. This payment method is operated by Braintree payment service.
3. You'll find an invoice for the Service in your Account, section “Invoices”, we do not send it automatically to your email address.
4. We may make any changes to prices at any time, but such changes shall not be applicable to any time period prepaid by the User. We may also change the billing day, about which you will be informed well in advance.
INTELLECTUAL PROPERTY
1. We reserve all right, title and interest (including all Intellectual property and proprietary rights) in and to the Software and any other technology and software provided.
2. You do not, by virtue of these Terms of use or otherwise, acquire any ownership interest or rights in the Software (including third party technology and software), except for the limited use and access rights described in these Terms of use.
VIOLATION OF THESE TERMS OF USE
1. If we decide to restrict or suspend you provision of the Service, we'll provide you justification for this decision (e.g. for violation of these Terms of use or other agreements or guidelines which may be associated with your use of the Software) at the latest when the restriction or suspension takes effect, through your registered email, at least 30 days before the termination takes effect.
2. In the event of a restriction, suspension or termination of the provision of the Service, we'll allow you to clarify the facts and circumstances in the internal complaint procedure. If we withdraw this restriction, suspension or termination, we will without undue delay renew the Service and give you access to any personal and other data that arose as a result of before the restriction, suspension or termination coming into effect, you have used the Service.
3. We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose User’s information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
4. You acknowledge and agree that we may preserve any transmittal or communication with us, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to
  1. comply with legal process;
  2. enforce these Terms of use;
  3. respond to claims that any such data violates the rights of others; or
  4. protect the rights, property or personal safety of the Ecomail.cz, its employees, the Software users, and the public.
FORCE MAJEURE
1. We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, national or regional emergency, uprisings, acts of terrorism and war, nuclear accidents, riots, fires, floods, volcanic action, earthquakes, landslides, strikes, power blackouts, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
GOVERNING LAW AND JURISDICTION
1. These Terms of use, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the Czech law. The parties shall file all disputes arising in relation to these Terms of use to the ordinary Czech courts.