Terms Of Service
TERMS OF SERVICE (TOS)
Thanks for using Express ‘Em.
Please read these Terms carefully. By using Express ‘Em or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Express ‘Em (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. Express ‘Em (“Express ‘Em,” “we,” or “us”) is an online marketing platform (the “Service”) offered through the URL www.expressem.net (we’ll refer to it as the “Website”) that allows you to, among other things, create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”). Express ‘Em is a product of Anuva Technologies Incorporated licensed in the state of Florida. Express ‘Em has employees, independent contractors, and representatives (“our Team”). As a customer of Express ‘Em or a representative of an entity that’s a customer of Express ‘Em, you’re a “Member” according to this Agreement (or “you”).
Some features of Express ‘Em are offered as add-ons to your Express ‘Em account (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons. Some Add-ons are intended for particular use cases and may also have additional terms or restrictions (“Additional Terms”). Additional Terms for Add-ons can be found on the Website at expressem.net/legal/additional-terms, and Members agree to the applicable Additional Terms at the time they choose to add the corresponding Add-on.
Express ‘Em is a product of Anduva Inc. All support, payments, and services are provided by Anduva Inc.
If you have any questions about our Terms, feel free to contact us.
In order to use Express ‘Em, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information; and
- not be based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
By using Express ‘Em, you represent and warrant that you meet all the requirements listed above and that you won’t use Express ‘Em in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Express ‘Em may refuse service, close accounts of any users, and change eligibility requirements at any time.
When you sign up for Express ‘Em and agree to these Terms, the Agreement between you and Express ‘Em is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an Express ‘Em account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Get Started” button and means that you’ve officially “signed” and accepted the Terms. If you sign up for Express ‘Em on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
3. Closing Your Account
You or Express ‘Em may terminate the Agreement at any time and for any reason by terminating your Express ‘Em account or giving notice to the other party. We may suspend your Express ‘Em account to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused email credits. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. 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 Campaigns. 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.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such an account (other than activity that Express ‘Em is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. 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. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use Express ‘Em, is and will remain complete and accurate.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Express ‘Em.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
7. Monthly Plans
When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. Billing for Monthly Plans may be paused, and you may choose to close your account permanently at any time.
Our charges for Monthly Plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next Pay Date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.
By default all Express ‘Em plans are set to stop sending once the quota has been reached, alternatively you can enable overage within your account so no interrupts occur during your sending. Overage fees apply on top of monthly billing, fees are explained below.
If the Annual or monthly plan has set to enable overage within their account this will result in a temporary overage plan that will charge $0.012 per email sent for the remaining billing cycle. (for example 100 emails above sending limit will result in a $1.20 USD charge to your account). All overage charges are paid at the end of each billing cycle and are required to be paid in full in order to establish sending from original sending plan. On your next billing cycle, you will be on your original plan with the same sending quota. If your account keeps ending up into overage each month, consider upgrading your plan to meet your needs. You can contact Express ‘Em sales team if you need assistance.
8. Pay as You Go Plans
You may buy email credits to use Express ‘Em instead of signing up for a Monthly Plan. This is explained on the pricing page of our Website. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all of these Terms will still apply to you. Email credits for Pay as You Go accounts roll over each month and don’t expire, but if your account is inactive for more than 24 months, it may be deleted without any refund or use after this time frame has elapsed. Please note sending reputation can very for infrequent senders, contact our support team to see how you can build your sending reputation back up if needed.
9. Credit Cards
As long as you’re a Member with a paid account or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
At this time Express ‘Em uses PayPal as our main credit card processing service. Alternatively, you can pay with Stripe within Express ‘Em’s portal.
We’ll give you a refund for a prepaid month if we stop providing Express ‘Em and terminate your account without cause.
You won’t be entitled to a refund from us under any other circumstances.
We may, at our sole discretion, offer a refund if a Member requests one as long as no violations to any of our policies or other federal or international laws. Please note any used email credits will not be entitled to a refund, only unused credits qualify for a refund only in certain circumstances. Refer to your Service Agreement for more information.
11. Charges for Add-Ons
If you use an Add-on that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Add-on is active. For custom add-ons, we may charge additional on top of monthly usage unless such add-on is used globally for all members of Express ‘Em.
12. Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Don’t worry, if you purchased an annual plan with monthly payments set up, you are locked into this price until renewal of service is needed. Members can also purchase in increments of 2,3,5, and 10 years to lock down set prices.
Quoted fees don’t include sales or other transaction-based taxes of any kind.
Quotes for service are valid for 30 days from the date posted on the quote. After 30 days of lapse, the quote will no longer be valid. All quotes are entered into our support system, and our system will automatically mark quotes as “Inactive” if not used within 30 days. You can request an extension to 60 or 90 days if you contact our sales team for high volume senders.
13. Proprietary Rights Owned by Us
You will respect our proprietary rights in our Website (https://expressem.net and other *.expressem.net support links) and the Express ‘Em Application used (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
14. Proprietary Rights Owned by You
16. Right to Review Campaigns
We may view, copy, and internally distribute Content from your Campaigns and account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve Express ‘Em. We use these Tools to find Members who violate these Terms or laws and to study data internally to make Express ‘Em smarter and create better experiences for Members and their contacts. Express ‘Em has global filters to flag suspicious campaigns that can result in approval needed to send such campaign(s). All suspicious sending is inspected by Express ‘Em staff if Express ‘Em staff finds appropriate sending behavior sending will be approved. Sending approval may be denied if we feel your campaign will be flagged by spam filters set by ESP such as Google, Yahoo, etc. You understand that your request can be denied even if you are not intentionally sending spam-related content. In order to maintain healthy sending reputations, we have certain procedures in place that help you as the sender and us as the service provider.
RULES AND ABUSE
17. General Rules
By agreeing to these Terms, you promise to follow these rules:
- You won’t send spam! We mean “spam” as it is defined on the Spamhaus website.
- You won’t use purchased, rented, or third-party lists of email addresses.
- You’ll comply with our Acceptable Use Policy, which forms part of these Terms.
- If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.
Express ‘Em doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
- a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
- a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
18. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Express ‘Em Member, please report it to our abuse team. (Every email Campaign sent through Express ‘Em has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright Policy.
19. Bandwidth Abuse/Throttling
You may only use our bandwidth for your Express ‘Em Campaigns. We provide image and data hosting only for your Express ‘Em Campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.
20. Compliance with Laws
You represent and warrant that your use of Express ‘Em will comply with all applicable laws and regulations. You’re responsible for determining whether Express ‘Em is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use Express ‘Em, then we won’t be liable if Express ‘Em doesn’t meet those requirements. You may not use Express ‘Em for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute Campaigns or other Content through Express ‘Em to anyone located in the EEA (each such Member an “EEA Member”) in creating your Campaign distribution list, sending Campaigns via Express ‘Em, and/or otherwise collecting information as a result of creating or sending Campaigns, you represent and warrant to Express ‘Em that:
- You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Express ‘Em and to enable such data to be lawfully collected, processed, and shared by Express ‘Em for the purposes of providing Express ‘Em or as otherwise directed by you.
- You will comply with all laws and regulations applicable to the Campaigns sent through Express ‘Em, including those relating to (a) acquiring consents (where required) to lawfully send Campaigns, (b) the Content of Campaigns, and (c) your Campaign deployment practices.
- You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Express ‘Em to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end-users of Express ‘Em in accordance with and as described in the Cookie Statement.
- You will sign and return Express ‘Em Data Processing Addendum, which sets out your and Express ‘Em’s obligations with respect to data protection and security when processing personal information. Once signed, the Data Processing Addendum will form part of and be incorporated into the Agreement.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.
21. U.S. Export Controls
The application known as Express ‘Em (the “Software”) is subject to U.S. Export Control Laws and Regulations. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. Export Control Laws and Regulations and any other applicable export laws and regulations (collectively, “Export Control Laws”). Therefore, you agree that you won’t, directly or indirectly through a third party, allow the Software or your Campaigns to be accessed or generated from within, or distributed or sent to, any prohibited or embargoed country as mentioned in any Export Control Laws. In addition, you certify that neither you nor any principals, officers, directors, or any person or entity you know to be directly involved with the use of Express ‘Em is designated on any U.S. government list of prohibited or restricted persons.
It’s important to note that this Section 21 isn’t meant to provide a comprehensive summary of the Export Control Laws that govern Express ‘Em’s website, Express ‘Em application, or other support relating Express ‘Em links. You’re downloading and using Express ‘Em at your own risk, and it’s your responsibility to consult with a legal advisor to make sure your use of Express ‘Em complies with applicable laws.
22. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of Express ‘Em’s website and the Express ‘Em application, including any downloads from the Website. We and our Team 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. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for Express ‘Em the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use Express ‘Em in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
23. No Warranties
To the maximum extent permitted by law, we provide Express ‘Em’s Website and Express ‘Em application as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use Express ‘Em for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of Express ‘Em, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
25. Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
26. Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
27. Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team are not responsible for the behavior of any third parties, linked websites, or other Members.
29. Notice to U.S. Government End Users
The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms.
Published and unpublished rights are reserved under the copyright laws of the United States. The manufacturer is The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, Georgia 30308.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
31. Choice of Law
The State of Florida’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or Express ‘Em. Any dispute related to the Agreement or Express ‘Em itself will be decided by the state and federal courts in Lee County, Florida, and each party will be subject to the jurisdiction of those courts.
32. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of Express ‘Em, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
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.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
36. Amendments and Waiver
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.
37. No Changes in Terms at Request of Member
Because we have so many clients, we can’t change these Terms for any one Client or group.
38. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
39. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Campaign distribution lists (each a “List”), we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Express ‘Em, 2855 Work Road
Fort Myers, Florida, 33916, or any addresses as we may later post on the Website.
41. Entire Agreement
The Agreement and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
Congratulations! You’ve reached the end.
Thanks for taking the time to learn about Express ‘Em’s policies.