Terms and Conditions

Please read these terms carefully. By using SendingBee or signing up for an account, you ("you", "customer") are fully agreeing to these terms.

SendingBee ("SendingBee", "service", "we", "us") is an online marketing platform which, among other things, offers to create, manage, and send emails to recipients. The service is offered through the URL https://sendingbee.com and its subdomains. The service is operated by sensible s.r.o., a Czech republic based company.

This is a legal agreement. If you do not agree to these terms, do not use SendingBee. If you have any questions, please contact us at [email protected].

Eligibility

In order to use the service, you must be a business or individual of at least eighteen years old and be able to enter into contracts. You must also agree to the terms while completing the sign up process. You warrant that all of the provided information are true, complete, and up to date. This applies to both the registration information and also to information provided when creating individual projects within SendingBee. You further warrant that your usage of the service does not violate these terms, any laws, or regulations. SendingBee may refuse service or remove your account otherwise.

Agreement

The agreement between you and SendingBee is in effect since the moment you sign up for an account (click "Sign Up" in the registration form) to the point you decide to remove your account in the administration. SendingBee may terminate your account for any reason at any time. If you're on a paid plan, we will refund a prorated portion of your monthly prepayment.

If your account is inactive for 12 or more months, you agree we may terminate the account and delete all of its associated data.

Updates

SendingBee reserves the right to update these terms and conditions at any time by updating this document and/or sending a notification email to the email address given during the sign up process. We may also display a notice within the service's UI itself. Unless you terminate your account within 7 days, the new terms and conditions will be effective immediately and apply to both existing and new accounts. SendingBee reserves the right to add, remove, or change any feature of the service, as well as discontinue the service altogether at any time.

Account details confidentiality

You're responsible for keeping your (or any other in your possession) account's password confidential. You're required to immediately notify us of any unauthorized access or use of your account. We're not responsible for any losses or damages caused by or result from your negligence.

Plans and subscriptions

SendingBee charges per organization. When an organization is created, it's automatically on the Sandbox plan. This plan doesn't allow to send emails to contacts but rather the emails are sent to the author of the campaign.

Regular plans are paid and if you've selected one for an organization, you will be charged once a month. If you change the plan in the middle of a month, the amount will be prorated. Charges will stop once the organization is deleted or moved back to the Sandbox plan.

SendingBee uses Braintree to process payments. It also uses Braintree's integration for entering the payment details. As a result, SendingBee doesn't store credit card numbers or other confidential data, it's are only stored on Braintree's side.

A move back to the Sandbox plan is allowed to temporarily stop using SendingBee and resume later without losing your contacts. Any abuse of this feature will lead to an immediate termination of your account. What constitutes abuse is at the service's operators discretion.

Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the service or its websites, including any downloads from the service's websites. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the service in any year will be no more than what you paid us for the service the year before.

No warranties

To the maximum extent permitted by law, we provide the service 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 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.

Indemnify

You agree to indemnify and hold us and our team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Attorney fees

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.

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.

Disclaimers

We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.

Assignments

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.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, floods, strikes, power blackouts, and acts of hackers, or third-party internet service providers.

Reporting abuse

If you think anyone is violating any of these terms or you've received a spam email you believe came from a SendingBee account, or when in doubt, please notify us immediately at [email protected].

Privacy Policy

This privacy policy applies to the service and other interactions (e.g., customer service inquiries, etc.) you may have with the service. If you do not agree with the terms, do not access or use the service. This privacy policy does not apply to any third party applications or software that integrates with the service or any other third party products, services, or businesses.

SendingBee reserves the right to update this privacy policy at any time by updating this document and/or sending a notification email to the email address given during the sign up process. We may also display a notice within the service's UI itself. Unless you terminate your account within 7 days, the new privacy policy will be effective immediately and apply to both existing and new accounts.

The types of personal information or personal data we may collect about you include:

We may collect these types of personal information directly from you or from third parties.

We may collect, hold, use and disclose personal information for the following purposes:

When you add contacts or create an email, we have and may access the data on your list and the information in your email. If a contact chooses to forward the email they've received, it will allow the contact to share your email content with individuals not on your list.

We may receive information about how and when you use the service, store it in log files or other types of files associated with your account, and link it to other information we collect about you.

We may receive more information about you or your contacts, such as name, email address, demographic information, IP addresses, location, and use of social media websites, by searching the Internet or querying third parties.

We may disclose personal information to:

Where we disclose your personal information to third parties, including data processors, we will request or ensure that the third party handle your personal information in accordance with this privacy policy. The third party will only process your personal information in accordance with written instructions from us and we require that the third party either complies with the privacy shield principles set out in the GDPR or another mechanism set out by applicable EU & Swiss data protection laws for the transfer and processing of personal information. When we refer to ‘processing’ in this clause and this privacy policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

Please note that we use the following third parties to process your personal information: Amazon Web Services, Ireland; Hetzner Online GmbH, Germany.

Our service may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this privacy policy.

As you use our services, you may import into our system personal information you have collected from your contacts or other individuals. We have no direct relationship with your contacts or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. If you are a contact and no longer want to be contacted by one of our Users, please unsubscribe directly from that user’s email or contact the user directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the user of your request. We will retain personal information we process on behalf of our users for as long as needed to provide our services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

Please do not use SendingBee to send confidential information to your customers, clients or any other parties. We routinely review the content of our users’ email campaigns to make sure they comply with our terms and policies.

If we detect abusive or illegal behavior related to your contact list, we may share your contact list or portions of it with affected ISPs or anti-spam organisations.

A security breach causes an unauthorised intrusion into our system that affects you or people on your contact lists, then SendingBee will notify you as soon as possible and later report the action we took in response.

Our servers are located in Ireland and Germany. Your information may be transferred to, stored, or processed in Ireland and, or Germany at any time. While the data protection, privacy, and other laws of Ireland and Germany might not be as comprehensive as those in your country, we take many steps to protect your privacy. By using our service, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in Ireland and Germany. Additionally we may access your information from our offices in Czech republic.

We will give any user or contact, access to any personal information we hold about them within 14 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting us through our website. Unless it is prohibited by law, we will remove any personal information about an individual, either you or a contact, from our servers at your or their request.

SendingBee reserves the right to update this privacy policy any time by updating this document and/or sending a notification email to the email address given during the sign up process. We may also display a notice within the service's UI itself. Unless you terminate your account within 7 days, the new privacy policy will be effective immediately and apply to both existing and new accounts.

Cookies and tracking notice

We may use cookies, HTML local storage, web beacons and other technologies to improve and customize our service and your experience; to allow you to access and use the service without re-entering your username or password; to understand usage of our service and the interests of our customers.

GDPR Compliance

On May 25th 2018, the European Union’s new privacy law, the General Data Protection Regulation (GDPR) will come into effect.

The GDPR is a sweeping legislation which strengthens the right to know how your data is collected, processed, stored, as well as grants the right to have your data deleted (the right to be forgotten). The GDPR includes conditions like: