Clever Sender
Terms of Use

Thanks for using Clever Sender.

By signing up for a Clever Sender account or using Clever Sender products or services, you’re agreeing to our Terms of Use. Please, note that this document is a legal Agreement so read it carefully.

If you do not accept the terms and conditions of this Agreement, please exit this website and cease using Clever Sender products and services immediately.

Definitions

When the terms "we", "us" and "Clever Sender" are used, they are referring to Webkomplet, s.r.o. limited liability company whose registered office is the Czech Republic, Brno, K Babe 605/7, 621 00,  Reg. No. is 291858084, VAT ID is CZ29185084. The company is registered in the Commercial Register at the Municipal court in Brno, section C, file 64036.

By using "Clever Sender tools" we are referring to Clever Sender products, services and other resources.

By using "user", "you", "your" we are referring to the person who uses our products or services or consumes the resources we provide.

This agreement shall be governed by and construed in accordance with the Law of the Czech Republic, namely the Act no. 89/2012 Coll. of the Civil Code.

Purpose of the agreement

Clever Sender provides its users with a variety of products, services and other resources (including websites), generally called as the Services. The Services enable the User to collect emails from his visitors or customers (also called as "subscribers" or "recipients"), create and manage email campaigns and send emails to recipients by launching the campaigns.

Clever Sender undertakes to provide the user an access to the Clever Sender tools and to allows the User to use these tools in accordance with the agreed terms and conditions stated below.

In order to use the Clever Sender tools under the conditions declared in this agreement, Clever Sender provides the user with a non-exclusive licence. The duration of the licence is equal to the duration of this agreement.

Additional services ordered by the user may also be a part of this commitment, subjected to the fee as per the current price list or an individually created offer.

The user undertakes to pay Clever Sender the fee for using the Clever Sender tools and for other services in accordance with the order and provide all the necessary cooperation.

Methods of using and operating the Clever Sender tools

Clever Sender will provide the user with access to the Clever Sender tools by assigning the user the Clever Sender account and providing the user with login details - login name and password.

Login details will be provided to the User upon signing up for the Clever Sender account.

The Clever Sender account can be accessed and used via entering the valid login details into the sign in form and submitting it.

The Clever Sender tools are operated by servers, other infrastructure and via service and technical support of the Clever Sender. The User shall use the tools via access from his computer. The login details shall enable the User to enter the email addresses of the User's recipients into the Clever Sender tools and send these recipients emails containing the User's content.

The Clever Sender tools can also be used in such a way that the User may supply the exact content of the emails as well as the electronic addresses of the recipients to the Clever Sender team who will then be responsible for configuring the campaign, launching the campaign and sending the emails to the User's recipients on User's behalf.

Technical requirements

It is understood that in order to use the Clever Sender Services, the latest version of the modern browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Safari or Opera with the latest updates installed is required.
 
In order to use the Service it is also necessary that you have a device with a stable connection to the Internet, have an email and have your website browser installed and configured to accept cookies and process JavaScript.

Payment and fees

The fee that shall be paid to the Clever Sender is defined by the type of product that is ordered by the User.

The User shall receive the invoice in an electronic format (by email) after the order is paid.

For users using monthly plan, invoices shall be issued monthly on the first day of the following calendar month. The fee shall be paid within 14 days after the issue date of the Clever Sender's invoice.

In the event of late payment, the Claver Sender shall be entitled to charge interest on late payment, that shall be calculated at the rate of 0.1 % of the amount overdue, per each and every day of the delay. Clever Sender shall also be entitled to suspend the User's account until the payment is paid.

Anti-Spam Compliance Rules

All Users must follow and comply with our Anti-Spam Policy that is available at www.cleversender.com/anti-spam-policy/ and which forms the integral part of these Terms of Use.

Privacy

Our privacy practices are defined in our Privacy Policy that is available at: www.cleversender.com/privacy-policy/ and which forms the integral part of these Terms of Use.

Termination

The contractual relationship entered into by this Agreement can be terminated by both parties.

You may terminate this Agreement at any time by contacting us. The termination must be requested either by sending an email notice to info@cleversender.com or by sending written notice to Clever Sender office mail address. The notice must include your first name, last name and the Clever Sender username.

The termination of the Service does not release you from the obligation to pay all and any fees already due as per our Refund policy.

Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Use are non-refundable. 

Clever Sender reserves the right to terminate or suspend this Agreement or services at any time with or without cause. Clever Sender can also refuse any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Use. Clever Sender shall have no liability to you or any third party because of such termination. The remaining fee for services that could not be used, because of the termination of this Agreement by Clever Sender, will be refunded to the User except the case when the termination was done because the User breached this Agreement or any applicable laws.

The Agreement will be terminated on the first day of the calendar month following the delivery of the termination notice to the other party.

If you do not log into your account for more than 2 years, your account will be considered inactive. After the account becomes inactive, it will automatically be terminated, if it is not re-activated within 30 days from the date when it became inactive. In such case, all the account data may be permanently removed from our databases.

We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service.

Data archiving

Clever Sender may delete any of your archived data within 30 days after the date of account termination. In such case, all the account data may be permanently removed from our databases.

Limitation of Liability

To the maximum extent permitted by law, under no circumstances shall Clever Sender and its team or any of its service providers or business partners be liable for any indirect, punitive, special, or consequential damages, even if they're based on negligence or we've been advised of the possibility of those damages.
 
Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

Force Majeure

Clever Sender will not be held liable for any 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, war, government action, terrorist acts, strikes, riots, fires, earthquakes, floods, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Changes

By posting updated versions of the Agreement on the Services, or otherwise providing notice to you, Clever Sender may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Clever Sender website. Your continued use of the Services will constitute your acceptance of the modification(s) to the Agreement. We may also change the Service, or any features of the Service or website at any time.

Final Provisions

If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent.

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