In case of any questions or doubts regarding the rules set forth here, please contact us here.
Definition of terms
- To ensure uniform understanding of these terms, we’ve put together a small list of definitions.
|Account||Your individual profile, created after registering for the Service and your portal for using the Program.|
|Trial Account||It is an Account that you set up for 30 days (Trial Period) and you do not incur any fees for FreshMail. You can create mailing lists on the Trial Account with a maximum total amount of 100 000 of e-mail addresses or phone numbers of Receivers. You can send up to 1000 messages in the Test Period. Trial Account does not have certain functionalities of the Program and has limited access to technical support;|
|Account maintenance fee||An additional one-time fee that varies according to the length of time that an account was not paid for. The fee results from the need to store data on our servers (subscriber activity, saved campaigns, reports and subscriber lists) when an account is active. The amount of the fee depends on how late payment for the account is and Users are informed of the exact figure at the time when a new plan is purchased. Read more about it here.|
|Anti-Spam Policy||We pay careful attention to making sure that the use of the FreshMail system is carried out in accordance with the provisions of applicable law and generally accepted principles of commercial internet activities. To help us meet these standards, we have developed an Anti-Spam Policy that consolidates generally accepted regulations and rules regarding preventing abuse of email campaigns. You can read our Anti-Spam Policy in full here.|
|Campaign||This is what FreshMail creates. It’s a mass sending of emails through use of the FreshMail application. Campaigns are sent by you to a database of subscribers, who receive messages of the same general design in email, SMS or MMS formats. Campaigns can also be constituted of individual messages sent to selected subscribers.|
|Documentation||After logging in to the FreshMail system, you will have access to functions and files necessary for your work. We call this material “documentation”.|
|FreshMail||That’s us. We are a limited liability company seated in Cracow, Poland, entered into the register of the National Court Register by the District Court for Cracow-Downtown, XI Commercial Division of the National Court Register, under KRS number 0000497051.|
|GDPR||You can learn more about GDPR - General Data Protection Regulations - (UE) 2016/679 of April 27, 2016 regarding the storage and processing of personal data and its replacement of EU Directive 95/46/WE here.|
|Personal data||All subscriber data imported into FreshMaill and meeting the definitions set by the General Data Protection Regulations (GDPR) and other applicable laws.|
|Price List||The FreshMail service is fee-based and the rules of payment along with a list of prices for various services can be found on the Price List.|
|Program||This is what you import your address database into and what you send your Campaigns from. It is a software program available online at app.freshmail.com, accessible through modern web browsers and operating on the Software as Services model (it does not need to be installed on your computer).|
|Recurring payment||A method of payment in which funds are automatically transferred to FreshMail after after a User agrees to attach a credit card to an account. Consenting to recurring payments allows fees to be paid automatically and on time for each accounting period. The amount to be paid depends on the number of addresses stored in the account. Prices are specified here.|
|Report||Do you want to know how many Subscribers opened your Campaign? Reports let you see the statistics related to the performance of your Campaign.|
|Service||You use the service to log in to your Account and use the Program. The Service is available at www.freshmail.com.|
|Spamtrap||This is an address that is intentionally left somewhere on the Internet to identify senders that are not acting in accordance with the law or with good practices of email marketing. The address can be created specifically for this purpose or it can be an already existing address that has been inactive for at least two years. The presence of a Spamtrap address on your Subscriber list suggests a lack of hygiene in your database.|
|Subscribers||The people you send your message to. These are the people whose email addresses will be imported into the Program. Note that the number of Subscribers in your Account is the sum of the addresses of everyone on your Subscriber lists, even if a particular email address appears multiple times.|
|You're reading it now. This is a document in which we have defined the terms and conditions for payable use of the Service and the Program.
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?
- 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.
- 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.
- In order to use the System, you must first have a valid email address.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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."
- 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.
- 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.
- 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.
- 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.
- 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;
(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.
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- You will not use the Account, Service, Program or Documentation in a way other than that specified in the Agreement.
- You will respect and defend FreshMail’s intellectual property and proprietary trade secrets.
- You will keep confidential any information obtained as a result of the Agreement that is not already made public by FreshMail.
- 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.
- You have voluntarily chosen to use the Program and the Service.
- The information you provided during the registration process is true and accurate.
- Information you import into the Program is consistent with FreshMail’s Anti-Spam Policy and does not violate the rights of any third parties.
- 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.
- Files you import into the Program do not violate generally applicable law.
FreshMail agrees to:
- Maintain the privacy of the data imported into the Program.
- 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.
- 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);
- 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.
- 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:
- 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
- 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.
- When you create an account in the Program, a Contract Regarding the Processing of Personal Data will be generated, which you must sign.
- 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.
- 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
- We process personal data as part of the compensation received for using the Program.
- 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 applies to all sent Campaigns from all Account regardless of the type of payment plan.
- Please remember, that Moderation does not release you from full responsibility for all Campaign content.
Blocked Accounts and suspended Campaigns
- 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.
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
- 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.
- 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.
- 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.
- FreshMail may terminate the Agreement with immediate effect in case of:
(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.
- 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
- 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.
- 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
- 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,
FreshMail’s limited liability
- 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
- FreshMail is committed to maintaining the highest standards regarding the protection of private personal data.
- 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.
- 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.
- 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.
- 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.
- FreshMail’s correspondence with Users is sent to the email address given during the registration process.
- Legal disputes will be resolved in the court district of FreshMail’s jurisdiction.
- These terms are effective from April 24, 2018. For users who opened an account before that date, they become effective on May 24, 2018.