FreshMail is committed to providing the highest standard of service to our customers. The Terms of Use are meant to clearly define the conditions under which clients may utilize FreshMail for commercial, professional or recreational use.

Before beginning any activities with FreshMail, please read the Terms of Use in its entirety since use of the system constitutes acceptance of the procedures and standards used by FreshMail.

The Terms of Use are meant to make your work with FreshMail completely transparent. To make them easier to navigate and understand, the Terms of Use have been divided into sections with additional commentary where necessary to clarify various points. This is all done so that the rights and obligations attached to your FreshMail Account are perfectly clear. Remember that the division of the Terms of Use into parts is strictly for the purposes of convenience and no individual part can be interpreted independently of its place in the larger text.

In case of any questions or doubts regarding the rules set forth here, please contact us here.

Definition of terms

1. To ensure uniform understanding of these terms, we’ve put together a small list of definitions.

Unless explicitly stated otherwise, all uses of the above capitalized terms in this document carry the definitions given here.

What is the FreshMail Program and on what basis is it used?

2. FreshMail provides services used in the course of conducting email marketing activities. These services are provided by supplying Users with access to the tools and functionalities of the FreshMail Program. By registering on www.freshmail.com, you are entering into an Agreement. On the basis of the Agreement, FreshMail shares a non-exclusive license with you to use, at one time and from one place, the capabilities of the Program from a single, individual login (email address). The primary User (the person with whose personal information the Account was opened) is fully responsible for the proper use of the Account and in particular following the rules set forth in the Agreement, Terms of Use and Anti-Spam Policy. Primary Users do, however, have the option of making their Account accessible to others although this does not relieve the primary User of full responsibility for activities on the Account. On the basis of the Agreement and subject to the conditions set out in it, you can use the Program and use the Documentation downloaded from freshmail.com solely for your own personal use.
3. The User shall respect applicable copyright and authorship laws regarding FreshMail’s ownership of the Program and the Service provided. This includes, but is not limited to, copying, translating, adapting or otherwise changing anything, in part or in whole, content, coding, functions or anything else related to the operation of FreshMail.
4. The license granted to you and the associated rights to use the Service, Documentation and Program expire upon the termination or expiration of the Agreement.

Registration

5. In order to use the System, you must first have a valid email address.
6. To complete the registration and to use the Service and the Program, you must also have the appropriate hardware with a connection to the internet. An internet browser that accepts “cookie” files and activated JavaScript are also necessary.
7. If you already have an email address and the equipment specified above, you can move on to registration. Without a successful registration you will not have access to any of the functionalities of the System or Program. Go to www.freshmail.com to begin the registration process.   Furthermore, you will be asked to provide and confirm your name, email address, phone number and a password that will help to ensure the security of your Account. We recommend that any password you use meets high security requirements, using at least 8 characters, different letters and numbers or special characters. The program will verify your password and notify you if your proposed password meets the requirements.
8.  Remember that the FreshMail application operates via the Internet - therefore we will send you all information and documents related to the Service and the use of the Program electronically. If you want to be up to date with all new products in the field of e-mail marketing, including, among others, new functionalities of the Program or about the latest marketing trends, don’t forget to indicate that you agree to FreshMail’s of your processing your personal data for marketing purposes, including direct marketing, in particular for the purpose of submitting your own information to FreshMail.
9. Registration takes place the moment you click "Create an Account" or another button to create an account, fill in the registration form and confirm the entry. From this moment, a Trial Account will be created. The terms and conditions of using the Trial Account are set out in the Trial Terms of Use, while the terms and conditions of using the payable Account are provided below in these Terms f Use.
10. Your email address is your login to the Program and your initial access to the system is only possible with the email address you provided during the registration process. Your login can then be changed at any time by contacting our Customer Support.

What can you import to the Program?

11.Remember that you can only import e-mail addresses and phone numbers that have been previously verified through explicit consent to receive commercial information by electronic means. You must be an administrator of such personal data in accordance with the understanding of GDPR (or act on behalf of the administrator as a processor), as well as applicable regulations regarding personal data and you must sign a contract with FreshMail to entrust the processing of said personal data. Detailed information on what you can import into FreshMail can be found in the Antispam Policy.

12. You must be the administrator of the data entered into the Program and you assume responsibility for its proper use in accordance with the rules described here.
13. As the administrator, you bear full responsibility for importing data into the Program. Should it be necessary, you release FreshMail from all responsibility for data uploaded into the Program. The maximum number of Subscriber lists is 100 (one hundred) but this limit can be increased if necessary by contacting our Customer Support.
14. FreshMail reserves the right to verify e-mail addresses imported to the System using specialised IT tools used to assess the quality of imported lists of Subscriber in order to evaluate the risk related to the sending of Campaigns to toxic (potentially dangerous) e-mail addresses. If they are detected, we will not send the Campaign to such addresses. In the event of a significant number of toxic addresses on an account’s subscriber database, we may stop sending Campaigns to the entire list or block the account in accordance with point. 63 and 64 of the Terms of Use.
15. If you have used the Trial Account before, the Agreement for the payable use of the Program, all your data and Recipients lists will be automatically imported from the Trial Account to the paid account.

Sending your first Campaign

16. The Program has been designed to be easy to use. FreshMail makes it simple to create your own Campaign from start to finish as well as to use ready-made tools and templates. If you have any problems creating your first Campaign or if anything is more complicated than you thought, have a look at our step-by-step guide here. Remember that the User is responsible for the preparation of the Campaign and its content and FreshMail’s role is to supply the tools that make it possible.
17. Campaigns sent through a paid Account are released only when the Account has no outstanding payments. Online payments are processed automatically but can sometimes take longer than expected to be credited to an Account. Users should be aware that such a delay can last for up several days.
18. The results of sent Campaigns can be found in Reports, which are updated in real time. FreshMail registers all Subscriber actions for six months from the date Campaigns are sent. Subscriber actions after that time are not reflected in Reports.
19. Pictures used in the FreshMail template library are for demonstration purposes only and should not be used in the final newsletter template of any sent Campaigns.

Payments

20. If you want to use the paid version of the Program, you must select the appropriate package for you, ie. "Pay for sent" or "No limit."
21. Such Accounts become active only:

I after payment has been confirmed and invoiced via an online payment gateway, such as PayPal, or through other electronic transfer (recurring payments or one click payment).

II after adding additional information, such as your name, home or company address to your Account information, per our Anti-Spam Policy

22. After payment and all necessary information have been received, Users have access to the full functionality of the Program.

23. After your plan has expired, you can still access your Account but you will only be able to send Campaigns when your next payment, made by an online payment gateway, has been received and invoiced. If you choose the “Pay as you go” option or the “Unlimited” option, the programme will automatically top up your Account. Remember that you can also buy a paid package for a period of longer than 30 (thirty) days.

24. The forms of payment accepted by FreshMail can be found on the Price List. FreshMail is not responsible for the proper functioning of internet payment platforms and has no control or influence over the services they provide nor the speed of their delivery.
25. Additional information regarding forms of payment:I. If payment for your Account is made by online transfer, the transaction is subject to the regulations of the online payment portal you choose. The time needed to execute the payment may vary from one operator to another and it is your responsibility to ensure that payments are made in a timely fashion.II. If you pay by credit card, regular charges will be made by FreshMail until the payment account is closed or your FreshMail Account is no longer active. The transfer of funds to FreshMail is subject to the regulations of the entity responsible for the transaction.
26. Payments made online are processed on an external site. You can begin the payment process on the “Payments” tab. FreshMail has chosen online payment partners on the basis of their reliability and commitment to the protection of personal data. For answers to any questions or doubts regarding the functioning of such payments, please refer to the Privacy Policy available on those external websites. Please remember, that the information given during the transaction is neither saved nor stored by FreshMail. The history of your payments is made available to to you in the “Payment” > “Payments History” tab.
27. All prices given and amounts paid are subject to applicable taxes. Also, invoices for all payments are available in the payment history each User’s Account.
28. For payment purposes, Accounts are divided into two kinds of plans:

I. “Pay as you go” - payment is made as emails are sent, when no emails are sent no payment is made,

II. “Unlimited” monthly plans - regular monthly payment is made and there is no limit to the number of emails that can be sent in a payment period.

29. The two payment options available for Paid Accounts work in different ways:

(i) Selecting the “Pay as you go” plan means making payments in advance and using the credit to send messages. Furthermore;

• your credits are valid for 2 years from the date of purchase. After which time your after your plan expires and the unused credits are lost;
• if applicable limits on the number of messages sent are reached, campaigns may be automatically held until additional payments are made;
• each month, such accounts must have enough credit to send at least one campaign to the entire subscriber database associated with that account;
• If a User spends all the credit on an account or falls below the limit mentioned in the previous point, FreshMail will send a reminder about the need to make additional payments. If payment is not made within 90 days, the account  will be blocked and deleted in accordance with point 69 of the Terms of Use.

(ii) when choosing the “No limits” plan, Users make a single monthly payment for unlimited campaigns sent to a database of not more than 100,000 (one hundred thousand) subscribers. The payment entitles Users to send as many campaigns as they like for a period of 30 (thirty) days from the date the payment is processed.

• When the thirty-day period expires, payment must be made to continue service. If payment is made later than the first day after the expiration of the accounting period, additional charges will be applied for the maintenance of the account and storage of data on FreshMail’s servers for the time period the account was inactive. More information is available here.
• If the number of Subscribers in your Account exceeds one hundred thousand (100,000) an additional fee of 4$ applies for each additional one thousand (1,000) Subscribers. Under this plan you can send up to fifteen (15) times as many messages as you have Subscribers.
• These additional payments for exceeding the limit of 100,000 subscribers must be paid in advance of sending messages. If a User has agreed to the terms of the recurring payment agreement, FreshMail will automatically bill the credit card attached to the account for the additional fees. If payment is made by another method, campaigns will only be sent after the fees have been paid.
• If you send a number of messages that exceeds an amount that is more than fifteen (15) times the number of Subscribers you have, an additional fee of 0,3$ applies for each additional one thousand (1,000) messages sent.

30. Paid Account plans can be changed at any time. Any outstanding payments must first be received before any change can be made. More information regarding payments can be found here. Please direct any questions regarding changing payment plans to Client Support, the contact form is available here.
31. You can select from various unlimited packages for different numbers of Subscribers or unlimited plans on our Price List. You may not combine different both forms of payment on one Account.
32. All payments are made to FreshMail electronically, therefore you agree to receive invoices in an electronic form. You may revoke this consent at any time by writing to us from the email address used to establish your Account or by traditional mail.
33. In certain circumstances you may suspend your Account for a maximum of six (6) months, after which you must contact our Customer Support. An account may be suspended if the required fees, including charges for the maintenance and storage of inactive accounts, are not paid in a timely manner.

By using our Service and Program you declare that:

34. You will bear full responsibility for the Campaigns sent from your Account and their content. The Campaigns that you create are solely and exclusively your liability.
35. You may not use accounts belonging to others or make your Account available to others, with the exception of persons authorised by you to use the Program and process the Personal Data contained therein.
36. You will not sell access to your Account or allow others, in any way, to use your Account on behalf of third parties. Please remember that you can have more than one FreshMail Account. However, if you use multiple Accounts in order to evade the regulations of the Terms of Use, Privacy Policy and the Anti-Spam Policy, FreshMail can block your Accounts and terminate your Agreement. This applies to all FreshMail Accounts, including Trial Accounts.
37. You will not use the Account, Service, Program or Documentation in a way other than that specified in the Agreement.
38. You will respect and defend FreshMail’s intellectual property and proprietary trade secrets.
39. You have read, understood and will follow the rules regarding legal obligations, FreshMail’s Privacy Policy, Terms of Use and Anti-Spam Policy.
40. You will keep confidential any information obtained as a result of the Agreement that is not already made public by FreshMail.
41. You will inform FreshMail of any change in your email contact address within 7 (seven) days of the change. Your contact email address is the address given during the registration process and it is sufficient to update your contact address in the Settings in your Account. Remember that changing your contact address is not the same as changing your login address. If you want to change your login address, contact our Customer Support here.
42. You will assist us in resolving complaints made by the Subscribers of your Campaigns or any other reported abuses of the Terms of Use, Anti-Spam Policy or Privacy Policy.
43. You have voluntarily chosen to use the Program and the Service.
44. The information you provided during the registration process is true and accurate.
45. Information you import into the Program is consistent with FreshMail’s Anti-Spam Policy and does not violate the rights of any third parties.
46. You are the administrator of Personal Data processed in the Program in accordance with the definition of the GDPR and the Personal Data Act, or you are the so-called processor, an entity that processes Personal Data on behalf of another entity based on the relevant contract or agreement.  
47. Files you import into the Program do not violate generally applicable law.

FreshMail agrees to:

46. Maintain the privacy of the data imported into the Program.
47. Inform you of any actual or alleged breach of your confidential business information or violations of generally applicable law that occur or may have occurred during the execution of the Agreement.
48. If you have agree to this, you will be notified of new solutions and functionalities related to the Website or the Program. Remember, however, that in order to receive these notifications you must agree to receive commercial information by electronic means (point 8 of the Regulations);

Privacy Policy - storing confidential information

49. Maintaining the highest standards of protecting the privacy of personal information is a team effort. Together with our Users, FreshMail is responsible for ensuring that information stored with us is kept strictly confidential. Starting an Agreement with FreshMail obligates the User to respect and preserve the security of all information that is exchanged during the course of the Agreement. An expanded and more detailed description of FreshMail’s Privacy Policy can be found here.
50. Compliance with FreshMail’s Privacy Policy does not free you from other legal obligations pertaining to the safekeeping and protection of personal data. Users are also subject to any regulations that may be applicable in their jurisdiction.
51. You can send us or email us written consent to use fragments or the whole of your Campaign as well as its statistics as a case study at business meetings or conferences as well as business and science publications. Please remember that we take “no” for an answer.
52. FreshMail is constantly working to improve the effectiveness of Campaigns sent through our System. Therefore, for the purposes of statistical surveys, the User agrees that FreshMail may use statistical data from Campaigns sent from the System, in particular, their:

• quantity
• frequency
• effectiveness

53. Furthermore, the User agrees that FreshMail can publish the results of these studies for use in professional meetings, conferences, trade publications and research. We guarantee that the use of this data is made in such a way as to make identification of its source impossible.

Safeguarding the processing of confidential information

54. By entering into the Agreement and by entering data into the Program, the User entrusts FreshMail to process personal data related to the implementation and execution of Campaigns. Your database may contain personal information.
55. When you create an account in the Program, a Contract Regarding the Processing of Personal Data will be generated, which you must sign.
56. Remember that you are the administrator of personal data (or you act on behalf of an administrator) and you are under an obligation to conclude an agreement with FreshMail specifying the scope and purpose of entrusting us with the processing of personal data. This can be done in four ways:

a. By electronically signing of the contract we have generated in the Program - we understand your signature as clicking the "I accept the agreement" button;

b. By downloading the contract, printing it, signing it, scanning it and uploading it to the Program;

c. By downloading the agreement, printing it, signing it and sending it in paper form to the address of FreshMail;

d. By concluding a separate written license agreement with us, together with the Data Processing Agreement attached to it.

57. Until you sign the Agreement Regarding the Storage and Processing of Personal Data with us, FreshMail may:

(i) block address databases from being added to your account

(ii) block your account from sending any campaigns

58. We process personal data as part of the compensation received for using the Program.
59. You can download Personal Data previously imported into the Program and modify it to a file in the CSV format. This file will contain the personal data of Subscribers entered into the system along with the contents of additional fields stored in the Program. This possibility exhausts the obligation of FreshMail resulting from art. 20 para. 1 GDPR.

Moderation

60. The purpose of Campaign Moderation before sending is to assure compliance with the highest standards of mass email. FreshMail’s Customer Support verifies that Campaigns have been created in accordance with the Terms of Use, Anti-Spam Policy and Privacy Policy and checks for the presence of a resignation link, the absence of which is grounds for a Campaign to be rejected. Campaigns can also be rejected if they contain offensive material, violate the law or in any way violate the Terms of Use, Anti-Spam Policy or Privacy Policy. User are not entitled to any refund or credit due to any Campaigns being held, delayed, cancelled or otherwise not sent.
61. Moderation applies to all sent Campaigns from all Account regardless of the type of payment plan.
62. Please remember, that Moderation does not release you from full responsibility for all Campaign content.

Blocked Accounts and suspended Campaigns

63. FreshMail may temporarily block a User’s Account under various circumstances, including, but not limited to, the following:

I. When a User has not logged in to an Account for a period of more than 30 (thirty) days. When an attempt to log in to such an Account is made, the User will receive an activation message from FreshMail containing a link. Clicking on the link will lift the block on the Account.

II. When a User violates the Terms of Use, the Privacy Policy or Anti-Spam Policy. In this case, the block may be lifted after an explanation from the User regarding the violation. FreshMail may choose to leave the block in place regardless of the explanation given. If FreshMail determines that the violations were the result of intentional misuse of the Program, the User forfeits the right to obtain a refund of any monies paid.

III. When a User violates generally applicable legal regulations. In this case, the block may be lifted after an explanation from the User regarding his activities. FreshMail may choose to leave the block in place regardless of the explanation given. If FreshMail determines that the violations were the result of intentional misuse of the Program, the User forfeits the right to obtain a refund of any monies paid.

IV. When a User fails to make a payment within 30 (thirty) days of its due date.

64. FreshMail can permanently block any Account from sending Campaigns if there are reasonable suspicions that the Account has been used to send Campaigns that violate the Anti-Spam Policy or generally applicable regulations regarding the presence of addresses associated with Spam Traps (e.g. abuse@domain, postmaster@domain).

Termination of the Agreement

65. The User may terminate the Agreement at any time by sending FreshMail a letter or email declaring the User’s desire to do so. The termination takes effect at the end of the calendar month following the date of the notification of intent to terminate the Agreement.
66. FreshMail may also terminate the Agreement with the User at any time by letter or email. The termination is effective at the end of the calendar month following the date of the notification of intent to terminate the Agreement.
67. FreshMail may terminate the Agreement at any time and for any reason, or no reason at all, with immediate effect upon reimbursement of the fee paid in advance by you in proportion to the number of days remaining until the end of the subscription period or in proportion to the amount of credits used in the Program.
68. FreshMail may terminate the Agreement with immediate effect in case of:

(i) violations of the Terms of Use, Privacy Policy or Anti-Spam Policy;

(ii) violations of generally applicable law;

(iii) failure to sign Agreement Regarding Storage and Processing of Personal Data;

(iv) failure to make payments for use of the Program within 60 (sixty) days of the due date;

(v) revoking consent to process personal data given by you;

(vi) requesting that your personal data be removed in its entirety or in part, preventing us from performing the Agreement or you have objected to the processing of your personal data.

69. Remember that in the event of resignation from the Agreement FreshMail storage the data up to 30 days of the date when the Account was closed. After this time has expired, FreshMail will delete any databases you have imported into the System without informing you.

Deleting an Account

70. In order to ensure the highest standards of the protection of the personal data of its customers, the Service enables you to delete your Account along with all the data in it, including lists of Subscribers, Reports and autoresponders sent, unsent Campaign drafts and autoresponders, contact details and invoices issued by you. In addition to voluntary resignation, your Account can be closed in the instances detailed elsewhere in the Terms of Use.
71. If you use the “Pay as you go” or “Unlimited” plans and you decide to end your cooperation with FreshMail, you can close your Account without assistance by using the “Completely delete my FreshMail account” option in the Settings. All data in your Account will be deleted.
72. FreshMail is authorized to delete your Account if:

I. your Agreement expired or is no longer valid for any reason,

II. you haven’t logged into your Account in the previous 12 months,

III. you fail to make a payment within 6 months of your Account being suspended,

IV. you fail to make a payment within 30 days of the date of an unsuccessful attempt to make a payment from a credit card attached to your Account.

V. payment is not made within 30 days of the expiration of your plan or if you do not have enough credit on the account to send one campaign to all subscribers attached to it for more than 90 days. Prior notification of FreshMail’s intent to delete the account will be given. A message will be sent as a reminder of the need to make a payment to avoid deletion.

73. Your Account no longer exists at the moment of deletion. Restoring a deleted account is possible within 90 days from the day it is deleted. This requires the manual work of a programmer and is considered an additional service subject to the payment of $300.

74. At the request of a Customer, FreshMail can prepare documentation that confirms that personal data has been deleted from the System.

75. Deleting an Account does not constitute resignation from agreement to receive marketing communications from FreshMail nor does it constitute resignation by FreshMail to agree to the proper storage of your personal data.

Changes to the system

76. FreshMail may, at any time and without notice:

I. introduce new fees for new services provided in the Service or Program. Such fees will not have any effect on the ability to send Campaigns,

II. change the Terms of Use, the Anti-Spam Policy, Privacy Policy or fees charged for services.

77. We will notify you in advance of any changes to the Terms of Use and Price List at least ten days (10 days) in advance by sending an e-mail to the address provided in the registration process or by informing you after logging into the Program.

78. Any changes to the Anti-Spam Policy or Privacy Policy will be published on freshmail.com in the "Anti-Spam Policy" and "Privacy Policy" tabs. Changes and additions will apply from the day of introduction. We encourage you to regularly monitor these two documents.

FreshMail’s limited liability

79. The Program is simply a tool, which is why you also agree that:

(i) FreshMail is not liable for damages, including lost profits, loss of data or information, as a result of failure to provide data to or information to Subscribers, delivery to other Subscribers, delays in delivery or interruptions in the operation of the Program or provision of services;

(ii) FreshMail is not liable for unlawful use of the Program, regardless of the form of the unlawful activity;

(iii) FreshMail’s liability to any particular user is limited to the average monthly payment received over the previous 12 months from that user;

(iv) You are solely responsible for the database of personal data imported into the Program and you are the administrator of this data in accordance with the provisions of the GDPR and the Personal Data Act.

Processing personal data

80. FreshMail is committed to maintaining the highest standards regarding the protection of private personal data.
81. During the registration process, FreshMail will ask Users to provide their name and email address. At a later stage during the Agreement, FreshMail may ask for additional necessary details in accordance with our Privacy Policy. All such information is provided voluntarily by the User and a failure or refusal to provide it can result in limited access to certain parts of the Program.
82. Your personal data will be processed for the purposes of the Agreement and, if you submit such a statement, in order to:

(i) send you messages related to the Program electronically;

(ii) conduct direct marketing, in particular for the purpose of sending commercial information.

83. Remember that you can contact FreshMail at any time to obtain information about the use of your personal data and you have the right to inspect your personal data at any time and to update and correct it as well as to request that it no longer be processed.

84. You can object at any time to the processing of your personal data by FreshMail. However, it is important to remember that such opposition will result in your inability to use the functionality of the Program. It may also cause the termination of the Agreement with immediate effect.

85. You may request the removal of your personal data in whole or in part at any time but such a request may result in your inability to use the functionality of the Program. It may also cause the termination of the Agreement with immediate effect. We may refuse to delete your personal data in case you have breached the Terms of Use, the Anti-Spam Policy, the Privacy Policy or provisions of generally applicable law, and the use of your personal data is related to the determination of the circumstances of violations and determination of liability.
86. FreshMail safeguards the personal data entrusted to us and fulfills all obligations imposed on us by the Personal Data Act and the GDPR. We will also maintain the security of your data to the extent required by the applicable law.
87. The full text of FreshMail’s Privacy Policy can be read here.

Additional information

88. FreshMail is constantly striving to improve the quality and effectiveness of the System and Program. FreshMail may, at any time, introduce updated and expanded versions of one or the other or both.
89. FreshMail’s correspondence with Users is sent to the email address given during the registration process.
90. Issues not addressed in the Terms of Use are subject to the provisions of applicable law.
91. Legal disputes will be resolved in the court district of FreshMail’s jurisdiction.
92. These terms are effective from April 24, 2018. For users who opened an account before that date, they become effective on May 24, 2018.