TERMS AND CONDITIONS

  Welcome to Confirmed Sender! These are the terms and conditions for: By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refer to the Confirmed Sender website, "we", "us", "our" and “Confirmed Sender” refer to Confirmed Sender and "you" “client” and “user" refer to you, the Confirmed Sender user. The following terms and conditions apply to the website and services offered by Confirmed Sender. This includes the mobile and tablet versions as well as any other version of Confirmed Sender accessible via desktop, mobile, tablet, social media or other devices. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM CONFIRMED SENDER.  
  1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Confirmed Sender. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly. If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organization to this terms. Accordingly, all references in this terms to “you” or “user” shall be deemed to include your organization, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organization and you must discontinue all use of the service immediately. The services are not directed to persons under the age of 18. Confirmed Sender does not knowingly collect information from persons under the age of 18 or allow them to create an account or access the features of the Services on their own. If you are under the age of 18, please do not submit any personal information about yourself to Confirmed Sender unless you have proper permission from the appropriate parent or legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship. Confirmed Sender may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions. The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations. By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement. IMPORTANT: The use of our services and the sending of e-mails through our services is the sole and exclusive responsibility of our users. Confirmed Sender's services are limited solely and exclusively to providing and facilitating the use of the bulk emailing platform to our users. The user is solely and exclusively responsible for the content and information sent through the use of our email sending platform and shall be solely and exclusively responsible for the use of our services. Confirmed Sender is at no time responsible for the content sent through the emails, nor is Confirmed Sender responsible for the use of the email delivery platform by our users. The user is the owner and solely responsible for the information sent through the e-mails. Any use or misuse of the e-mail delivery platform by the user is the sole and exclusive responsibility of the user. You are solely responsible for what you send through our email delivery platform, to whom you send it, and from what location you use our services and send emails.  
  1. ACCOUNT
If you register with Confirmed Sender, you will be asked to choose a password and may be asked for additional information such as your email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Confirmed Sender of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Confirmed Sender' prior authorization. Confirmed Sender will not be liable for any loss or damage arising from your breach of this agreement. Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. If you voluntarily terminate your account or allow your account to lapse, you may reactivate that account at any time by logging in to the service through the website and reactivating the account. There may be a fee associated with such reactivation. Accounts terminated by Confirmed Sender for any type of abuse including, without limitation, a violation of this terms, may not be reactivated for any reason. Confirmed Sender may at any time terminate your account if:  
  1. NOTIFICATIONS AND NEWSLETTER
By providing Confirmed Sender with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.  
  1. PLANS
Confirmed Sender offers the following plans: Users will be able to access the free plan and test the functionalities of our service for 14 days. After 14 days from the registration of the free plan the user will have the option to upgrade to a paid plan. The user will be able to cancel the free plan at any time during the 14 days. When a user makes a purchase of a plan, the user agrees and declares to purchase the plan for the price advertised on the website at the time of purchase. Please check the price and features of each plan before ordering. When a user makes a plan purchase, Confirmed Sender will send a confirmation email. This confirmation email will occur automatically so that the user has confirmation of payment and plan initiation. If the user does not receive the confirmation email when purchasing and signing up for the plan, it may have been sent to their spam folder. Confirmed Sender may cancel the sale of any plan and may change or discontinue the availability of plans at any time at its sole discretion. If a plan purchase is cancelled, any payments made for the applicable billing period will be refunded. This does not affect your statutory rights. Plans may include automatic recurring payments. You authorize Confirmed Sender to renew your plan and to charge you periodically and progressively on each billing date. The plan billing date is the date you purchase the plan and make your first payment. On the applicable billing date, you will automatically be charged the applicable plan fee. The plan will remain active until you cancel it or we terminate it. You must cancel your plan before it renews to avoid the next billing period. We will bill you for the plan billing fee in the payment method you choose during plan registration and purchase. Plans will automatically renew for an additional period unless cancelled before the next billing period. To cancel plans, users must submit a cancellation request through our contact information and the plan will be cancelled for the next billing period. If a plan is cancelled, the user will be able to continue using the payment functions of the services until the next billing period, at which time the plan will be cancelled definitively.  
  1. PAYMENTS
The plans will be paid through Stripe (payment processor available on the website). Payment will be charged to your credit or debit card immediately upon payment of the applicable plan fee. Upon processing a transaction, we will issue an electronic receipt that will be sent to the email address you provided to us at the time you purchased a plan. The email and transaction receipt may be sent through the payment processor available from Confirmed Sender. If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the client service of the corresponding payment platform. If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code. If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed. Your payment data will be processed and stored securely and for the sole purpose of processing the purchase of the plans. Confirmed Sender reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of the plans.  
  1. LICENSE TO USE THE PLATFORM AND SERVICES
Confirmed Sender grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform that Confirmed Sender provides to you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the benefit of the services provided by Confirmed Sender, in the manner permitted by these terms. You may not copy, modify, distribute, sell or rent any part of our services or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law or you have our written permission. You agree not to use the website and services in a negligent, fraudulent or unlawful manner. The user also agrees not to engage in any conduct or action that may damage the image, interests or rights of the Confirmed Sender website or third parties. This service prohibits the sending of messages or mass e-mails that: (1) Any messages that are categorized as SPAM. (2) Have harassing, abusive, defamatory, obscene, bad faith, unethical or otherwise unlawful content (3) Distribute Trojan horses, viruses or other malicious computer software (4) Are intended to commit fraud, impersonation, impersonation, impersonation, (5) distribute intellectual property without having ownership or a license to distribute such property (6) violate, in any way, the terms of service, privacy policy or rules of this website or the recipients. Confirmed Sender reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Confirmed Sender believes that you have violated any of these terms or interfered with use of the website or services.  
  1. DISCLAIMER
The use of our services and the sending of e-mails through our services is the sole and exclusive responsibility of our users. Confirmed Sender's services are limited solely and exclusively to providing and facilitating the use of the bulk emailing platform to our users. The user is solely and exclusively responsible for the content and information sent through the use of our email sending platform and shall be solely and exclusively responsible for the use of our services. Confirmed Sender is at no time responsible for the content sent through the emails, nor is Confirmed Sender responsible for the use of the email delivery platform by our users. The user is the owner and solely responsible for the information sent through the e-mails. Any use or misuse of the e-mail delivery platform by the user is the sole and exclusive responsibility of the user. You are solely responsible for what you send through our email delivery platform, to whom you send it, and from what location you use our services and send emails. In the event that one or more users or any third party initiates any type of claim or legal action against one or more other users, each and every user involved in such claims or actions exempts Confirmed Sender from any liability. By accessing the website and the content available on the website, you accept personal responsibility for the results of using the information available on the content.  You agree that Confirmed Sender has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Confirmed Sender provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.  
  1. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.  
  1. COPYRIGHT
All materials on Confirmed Sender, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Confirmed Sender or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Confirmed Sender are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Confirmed Sender prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Confirmed Sender or any part of the material for any purpose other than its intended purposes is strictly prohibited.  
  1. COPYRIGHT INFRINGEMENT
Confirmed Sender will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Confirmed Sender respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the Confirmed Sender platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:  
  1. CONFIDENTIAL INFORMATION
Information provided by our customers through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Confirmed Sender will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Confirmed Sender may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the customer who is the owner of the information.  
  1. PERSONAL DATA
Any personal information you post or submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.  
  1. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Confirmed Sender or licensed to the Confirmed Sender by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:  
  1. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Confirmed Sender provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Confirmed Sender for any loss or damage caused as a result. Confirmed Sender will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God. These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, Confirmed Sender excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Confirmed Sender and Confirmed Sender shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:    
  1. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Confirmed Sender for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.  
  1. INDEMNIFICATION
You agree to defend and indemnify Confirmed Sender from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:  
  1. CHANGES AND TERMINATION
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.  
  1. ASSIGNMENT
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Confirmed Sender without restriction.  
  1. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Confirmed Sender as a result of this terms or your use of the services.  
  1. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Confirmed Sender, shall constitute the entire agreement between you and Confirmed Sender concerning and governs your use of the website and the services.  
  1. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Confirmed Sender, provided that each party retains the right to bring an individual action in a court of competent jurisdiction. In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules. You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Confirmed Sender may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services. The courts of the United States, specifically the courts located in the State of California, shall have jurisdiction over any dispute, controversy or claim relating to Confirmed Sender and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of California.  
  1. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States. Use of the website and services are not authorized in any jurisdiction that does not give effect to all of the provisions of these terms. Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use. If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any rights not expressly granted herein are reserved.  
  1. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below: Email: info@confirmedsender.com