Products
ZOOMIO Campaigner
End User License Agreement
1. ZOOMIO CAMPAIGNER (MYMARKETINGMACHINE) END USER LICENSE AGREEMENT (EULA)
The terms and conditions in this agreement (the "Agreement") will govern your (the "User") access to Zoomio Holding A/S, Danish reg. no26937159 ("Zoomio")'s services. Zoomio grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. Your use of the Services confers no title or ownership in the Services. All ownership rights remain in Zoomio or its third party suppliers, as the case may be.
2. SERVICES TO BE RENDERED AND DELIVERY OF SERVICES
Zoomio offers its services on an "as is" basis. Through the "Services", Zoomio provides marketing tools, information, information management and storage and support. Users can create and send email and/or SMS campaigns using the tools to distribute content supplied by the User to email addresses or mobile phone numbers also supplied by the User. Zoomio retains the right to cancel and delete any campaign violating responsible Usage Rules as defined by the relevant law. Zoomio specifically disclaims liability for direct, consequential or incidental damages arising from such campaigns. By posting an email campaign from Zoomio, User warrants that the content is true, and that User will indemnify Zoomio against any and all, direct, indirect or consequential claims and alleged claims that may arise from User's use of the Services. By using Zoomio Services, the User is giving Zoomio permission to copy and/or store User content, contact lists and other information. Zoomio will not use the User content, contact lists or other User information for any purpose that violates the Zoomio privacy policy
All data contained in Zoomio Campaigner for any given customer, is solely the property of the customer. Absolutely no other parties have access to the data, other than the login users for the company
3. ANTI-SPAM POLICY
4. MANDATORY REQUIREMENT FOR CLEAR IDENTIFICATION OF SENDER OF EMAILS
- The legal name of the company that is sending the email
- The geographic address of the company that is sending the email
- The email address for the company that is sending the email
The following information is recommended, but optional, to be provided in the email itself:
- The company registration number of the company sending the email
- The telephone number for the company sending the email
The following information is recommended, but optional, to be provided in the email itself or appear on a page directly linked to the email:
- The government organization in which the company is registered
- The name of an authorized representative of the company
- - The VAT number of the company sending the email
Failure to comply with the above mandatory identification requirement may lead to termination of your Zoomio Campaigner account.
Requirements for Emails Sent to Recipients in Germany
All emails sent by the user must comply with German laws regarding commercial email. For emails that are sent using Zoomio Campaigner and received by recipients in Germany, the following information is mandatory and must be provided in the email itself:
- The name of the sender. If the sender is a legal entity, the legal form (for example, company name) and the name of the authorized representative of the company must be included
- The geographic address at which the sender (or legal entity if the sender is a legal entity) is established
- The email address and telephone number of the sender (or legal entity if the sender is a legal entity)
- Where the sender is registered in a trade or similar public register, the name of the register and the registration number (if the sender is a legal entity)
- If the sender has an identification number, this identification number
Failure to comply with the above mandatory identification requirements may lead to termination of your Zoomio Campaigner account.
5. ACCOUNT PASSWORD AND SECURITY
The User is responsible for maintaining confidentiality of its user name and password. Furthermore, the User is entirely responsible for any and all activities that occur under its user name and password. The User is to immediately notify Zoomio of any unauthorized use of the account or any breach of security.
6. CHARGES FOR SERVICES
Zoomio will invoice end-user customers directly by sending an email. For the MMM use the customer will be invoiced quarterly or biannual in advance, transaction fees will be invoiced monthly.
7. DURATION/TERMINATION
The subscription cannot be terminated in the sign-up period. If the subscription not is terminated 30 days prior to the ending of the subscription period, the subscription period will automatically be prolonged for the same period.
8. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION ARE PROVIDED BY ZOOMIO ON AN "AS IS" BASIS, AND ZOOMIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.
IN NO EVENT WILL ZOOMIO BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, ZOOMIO WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF ZOOMIO'S SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER.
