Terms & Conditions
Last updated: August 2024
Introduction
Send by Elementor Marketing Platform (“Send”), is a marketing platform designed to enhance your communication strategies. By using our services, you agree to comply with these terms and conditions, please read them carefully. If you do not understand and/or agree to these terms, you should immediately cease making any use of Send.
“Elementor” means Elementor Ltd., including our subsidiaries and affiliates worldwide (“Elementor”, “we”, “our” or “us”).
Eligibility
When registering for Send services, we may authenticate your identity through different third-party services, but it may require additional identification.
Our services are intended for use by users of at least eighteen (18) years old. If you register for our services, you hereby declare that you are eighteen (18) years old or older and undertake to monitor your account to ensure that no minor under that age has access to our services.
Submission of Content
When you submit content, including images and data, for processing through Send, you retain ownership of the content. However, you grant us and our service providers the right to process, modify, and store this content as necessary to provide the service to you.
Send Usage
You may choose to access Send through the free package- a free credit trial that allows you to evaluate its features without charge for a limited period as defined on the Pricing Page. All subscriptions come with a specific amount of credits. Once the free credits are used up, you can upgrade to a higher tier to receive more credits and continue using the services. Alternatively, you can purchase Send’s services directly without opting for the free package. Upon payment, continued access is granted according to the terms outlined herein. We reserve the right to change the terms for the free package and/or Send’s plans at our discretion, as outlined on our Pricing Page.
Limitations on Usage
To maintain the efficiency and fairness of our services, we impose limitations on the size and number of communications being sent via our services. The maximum file size and permitted request frequency allowed to communicate are specified on the pricing page and are subject to change at our discretion. Sending communications to your customers requires brand evaluation and health metrics assessment, hence, communications sending is gradual. We reserve the right to apply these limitations to ensure a positive experience for all users and to prevent abuse of the system. Exceeding these limits may result in temporary or permanent restrictions on your account.
Opening an Account
Upon installation, you are required to sign up and create an Elementor account. If you are an existing Elementor user, you can connect your existing account with Send installation. You are solely responsible for all actions taken with your credentials, including your username and password. Keeping your password safe is your sole responsibility. If you have any reason to suspect that your account has been compromised or that there has been unauthorized access to your account, you must immediately notify us so that we can work together to resolve the issue. Consequently, we disclaim any liability for any loss or damage incurred due to unauthorized use by a third party.
Customer Communication and Consent
Customers can use Send to communicate with their contacts through various channels provided within our platform. All communications must adhere to our Acceptable Use Policy, which outlines the guidelines and limitations on content.
It is solely your responsibility to ensure that you have obtained the necessary consent from your customers to receive your communications.
Brand Reputation
Branded email users enjoy fewer limitations regarding visual capabilities, bandwidth, capacity, and timing compared to non-branded email users. Emails from Branded users are sent from their domains while emails from non-Branded users are sent from a general Send domain and are subject to restrictions regarding visual capabilities, bandwidth, capacity, and timing.
Workflows and Behavioral Conditioning
Send offers advanced workflows to condition behavior based on your users’ interactions. These workflows enable automation of responses and actions to enhance engagement and improve customer experience. Examples of such workflows include but are not limited to, personalized messaging, automated reminders, welcome series, and re-engagement campaigns.
Any workflow must be used reasonably and in accordance with our Acceptable Use Policy. Reasonable usage shall include but will not be limited to avoiding excessive or spammy communications, ensuring that automated messages are relevant and provide value to the recipients, and refraining from any deceptive or misleading practices in your automated communications. Failure to adhere to reasonable usage standards may result in limitations or suspension of your access to this feature.
Payment and Billing
If you choose to continue using Send after the free usage trial, you agree to pay the specified fees as detailed on our pricing page.
You grant us the authority to collect fees using any payment method we have on file for you. We reserve the right to increase the prices or add new fees after providing you an advance notice and you will have the option to accept or cancel your subscription.
Payments made are non-refundable.
In case of an overage, the excess amount will be charged in the next billing cycle.
Billing Information
To subscribe and make payments, you must provide accurate, complete, and up-to-date billing information. This may include details such as name, billing address, and payment methods. You are responsible for ensuring the confidentiality of your billing information and must promptly update any changes to avoid disruptions to the subscription service. Inaccurate or outdated billing information may result in payment issues and potential suspension of access to Send.
Support
When you purchase a plan that includes support services for Send, we provide support to the account owner. Support is tailored to the specific plan you buy, delivered on a reasonable commercial effort basis. We strive to respond to support issues promptly, as outlined in your specific plan. However, please note that support doesn’t cover issues caused by negligence or misuse, and downtime due to factors beyond our control.
Taxation
All fees are exclusive of all taxes, including value-added tax, sales tax, goods and services tax, etc., levies or duties imposed by taxing authorities, as applicable (“Taxes”) which shall be borne solely by you. If we are obligated to collect or pay taxes for the fees payable by you, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Send or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). We are not responsible for any such additional fees or costs.
Automatic Renewal
Your subscription to Send is set to automatically renew at the end of each billing cycle. You will be charged the applicable fees using the payment information on file unless you choose to cancel your subscription. You can cancel your subscription at any time but please note that cancellations will take effect at the end of the current billing cycle. No refunds will be provided for the remaining period if a subscription is canceled in the middle of a billing cycle.
Termination
We may terminate your access to Send at our discretion if you violate these terms, with or without notice. Upon termination, you shall immediately cease using the services.
Any clause which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay fees.
We shall not be liable for any damage caused to you or any third party as a result of terminating these Terms or by suspending or otherwise limiting your use of the services.
Intellectual Property
We own all the aggregative data generated through our platform and reserve the right to use it at our sole discretion for any purpose. Any form of exploitation, whether for commercial purposes or not, including but not limited to uploading or downloading, copying, reproduction, distribution, transmission, dissemination, adaptation, translation, or representation, in whole or in part, of Send or any of its component features, through any existing or future means or process, on any existing or future medium, without prior written authorization, is strictly prohibited. Such actions may result in legal prosecution, including, but not limited to, charges related to infringement, and unfair competition, as punishable under applicable regulations.
Aggregated Data: We may gather and generate aggregated data from Customer Data that does not identify the Customer, any third-party entity, or any individuals. Elementor is permitted to use and disclose this aggregated data for its legitimate business purposes, including but not limited to improving services, developing new products and services, conducting research, and marketing. Furthermore, Elementor may collect and analyze Customer Marketing Content to enhance and refine the Services for various development, diagnostic, and corrective purposes.
Limitation of Liability
We commit to ensuring the optimal functioning of Send through diligent efforts.
We pledge to exercise due care and diligence, adhering to industry practices and the current state of technology, to deliver a high-quality data optimization service. You acknowledge that fluctuations in bandwidth and contingencies related to internet service providers’ registrars may interrupt access to the optimization service offered by us, events beyond our control.
We are not liable for any consequential damages, including financial losses such as loss of profits, unless such damages arise from our negligence or willful misconduct. Under any circumstances, our liability is capped at the payment of damages, not exceeding the total amount paid by you when placing the order within the last 12 months.
Service Availability
We strive to maintain high availability of our services. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance and unexpected outages may occur. We will provide notice of scheduled maintenance and any service disruptions via our platform or other communication channels.
Your Responsibility
You are solely responsible for the content you use in Send. By using Send, you affirm that you have the legal right to use, upload, and process the content. This includes ensuring that the content does not infringe on any copyrights, or trademarks of any third party violate any laws or regulations, or contain harmful elements such as viruses, malware, destructive content, etc. You are also solely responsible for ensuring you have recipients have agreed to receive your emails and that your account is not used to send spam emails.
Your Warranties
You represent and warrant to us that:
You have and will have at all times, all rights, licenses, and consents required for your use of Send. You will comply with all applicable laws, rules, and regulations. You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo. Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and is not listed on any U.S. Government list of prohibited or restricted parties. You were not previously prohibited by us from entering into an agreement with us nor was your account and/or Elementor’s services and/or use of Send previously blocked, suspended or terminated by us for any reason.
Abusive Users
We believe that our customers have every right to be heard, understood, and respected. Having said that, we also believe that our staff have every right to work in a safe environment, free from any abuse or harm caused by others. Therefore, we will not accept any abusive or aggressive behavior towards our staff or the violation of these Terms. Abusive or aggressive behavior includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, slander, derogatory remarks, and rudeness. Unacceptable behavior as described above may cause us to decide to, by our sole discretion: (i) Terminate all direct contact with such users. (b) Take any other action that we consider appropriate to the circumstances, including (but not limited to) termination of your subscription, banning you from our services, and any other action we deem necessary.
Content Review and Removal
We reserve the right to review and remove or refuse to process any content that, in our sole discretion, violates these terms or is deemed inappropriate. This includes content that may pose a risk to the security, integrity, or reputation of Send or services.
Notification of Violations
If we become aware of any violations of these terms related to your uploaded content, we may notify you and request corrective action. Failure to address such violations may result in the termination of your access to Send.
Marketing Communications
By subscribing to Send, you consent to receive marketing emails from us. These communications may include information about product updates, promotional offers, and relevant announcements. You have the option to unsubscribe from these marketing emails at any time by following the instructions provided in the emails. Please be aware that even if you choose to unsubscribe from marketing communications, you will still receive transactional and essential service-related emails.
Modifications to Terms
We reserve the right to modify, update, or change these terms at any time. Notice of significant modifications will be provided through the Send interface or by other means of communication. It is your responsibility to review these terms periodically. Continued use of Send after modifications constitutes acceptance of the updated terms. If you do not agree with the modifications, you have the option to discontinue using Send.
Indemnification
You agree to indemnify and hold us harmless from any claims, losses, or damages arising out of your failure to comply with these terms, including but not limited to claims related to copyright infringement, regulatory violations, or the presence of harmful elements in your uploaded content.
Advertising
Our services may display ads. Nonetheless, We do not endorse or monitor any of these ads or their content, nor are we responsible for the foregoing, even if it seems affiliated with us.
Privacy
Our Privacy Policy outlines how we collect, use, and protect your personal information and your clients’ data. By using Send, you agree to the terms of our Privacy Policy. Please refer to our Privacy Policy and DPA for detailed information on how we handle data. Your clients must be aware that we monitor their behavior and data to improve service delivery. We will have visibility into the data collected on your website. However, this is to ensure we provide you with the best possible service and support.
Trademark Guidelines
For detailed information regarding the usage of trademarks associated with Send, please refer to our Trademark Guidelines available here. By accessing and using Send, you acknowledge and agree to comply with the guidelines outlined therein. Any unauthorized use of trademarks is strictly prohibited, and we reserve the right to take appropriate legal action in the event of infringement.
Cookies
We use cookies in order to provide, maintain, and improve our website, optimize our offerings and marketing activities, and provide our visitors and users with a better experience. For detailed information on the types of cookies we utilize, their duration, and instructions on how to reject or remove cookies, please refer to our Cookie Policy.
Governing Law
These terms are governed by and constructed in accordance with the laws of Israel, and any disputes will be subject to the exclusive jurisdiction of the courts in that jurisdiction.
Contact Information
For any questions or concerns regarding these terms, you can contact us at [email protected].
Entire Agreement
These terms and conditions constitute the entire agreement between you and Elementor regarding the use of Send.