We are BizMail, a product of VCCorp Joint Stock Company headquartered in Vietnam, TAX CODE (VN VAT) 0101871229. established under the laws of Vietnam, headquartered at No. 1 Nguyen Huy Tuong, Thanh Xuan, Hanoi, (“BizMail”, “we”, “us”, “our”) is a provider of a number of online marketing services and related services known as BizMail Services (“Services”).
By clicking the button to subscribe to the Service the company, organization, or other business entity identified during the registration process (“you” or the “Customer”) thereby accepts and agrees to these Terms of Service and agrees to use the Service in compliance with the provisions of this document. If an individual is subscribing to the Service, that individual thereby represents and warrants to us that she or he is authorized to do so (and is thereby doing so) on the Customer’s behalf. You should retain a copy of these Terms of Service for your records, as upon clicking the button to subscribe to the Service, they constitute a legal agreement between you and BizMail. If you do not agree with any of the provisions of this document, you may not subscribe to or use the Service. We reserve the right to reject your request, registration or application for subscription to the Service (“Subscription”) for any or no reason as long as it is not an unlawful reason.
Under the Service we provide you with:
The detailed scope of Service features available to you under your Subscription (“Subscription Plan”) is provided at BizMail Pricing, and depends on the “Billing Period” and “List Size” that you choose.
You may use the Service to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Contacts”), unless you have another valid legal basis to process your Contacts’ personal data within the Service.
In order to use the Service, you must create an individual account in the BizMail platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of other users of your Account (“Users”). Certain features of the Service enable you to specify the level at which the Service restricts user access to the Account, Webinars (defined below) and Content (defined below). You are solely responsible for applying the appropriate levels of access.
BizMail offers a free access to the Service – at no cost, with limited features (“Free Account“), on an ongoing monthly basis. You may create only one Free Account.
If you wish to access more features and functionalities than provided in the Free Account, you shall select a suitable paid plan and make a prepayment for the next period.
BizMail reserves the right to limit, suspend, change the features or functionality of or stop the Service (or any part thereof) of a Free Account subscription, either temporarily or permanently, at any time or from time to time, with or without prior notice to you. You acknowledge and agree that BizMail shall not be liable to you or any Third party for any modification or cessation of the Service and that BizMail has no obligation (express or implied) to provide, or continue to provide the Service, or any part thereof, now or in the future.
If you don’t use your Free Account for 90 consecutive days, it will be disabled by BizMail and you will have 30 days to restore it by contacting our Customer Support.
The Webinar feature allows you to organize on-line conferences (“Webinars”) for a certain number of participants (“Participants”). You may use this feature for conferences in which you take part as an active Participant.
When organizing a Webinar, you are solely responsible for notifying all Participants that personal data and information disclosed during the conference can be transmitted to other Participants and third parties. You are also obliged to inform Participants that the use of the Webinar feature is subject to these Terms of Service and the BizMail Privacy Policy, including but not limited to, applicable restrictions regarding prohibited practices and technical requirements.
You are not allowed to run more than one Webinar at a time within one Account. Please bear in mind that Webinars may be unavailable in any particular location.
You may use certain additional features (add-ons) we provide, or integrate third-party services with the Service. These third-party services are not provided by BizMail. Your ability to use some of the add-ons and third-party services may be limited pursuant to separate terms of use (“Additional Terms“), which you can find here or to the third party’s terms and conditions. When you integrate a third party service with the Service, you authorize us to exchange any of your data, whether confidential or not, with the third party service in order to enable such integration. Any links to a third party service or website that you find in the Service or on AiBizmail.com or any other website or web page owned, used or controlled by BizMail (collectively, the “Websites”) are provided for convenience only and we do not control or endorse any material or information found on those third party services sites.
From time to time BizMail may offer a beta-test version of new features. This allows our Customers to try new solutions we come up with and helps us better understand your needs and develop the Service accordingly. If you decide to use a feature available in beta-test version, you agree that:
More information about terms and conditions about our current Beta-test versions you may find in your Account.
No beta-test versions or new functionalities of the Service are created for Accounts in the Email Marketing, Marketing Automation, Ecommerce Marketing or Legacy Subscription Plans.
Content Creator toolkit is a set of features that allow you to create and monetize your content in the form of courses or premium newsletters (“Creators’s Content”) available to end users being registered on our platform hub.bizmail.com (“Hub”). You can create your own subpage with all the Creator’s Content you created via our Service (“Creator’s Profile”). Separate terms regulate the relationship between us and Hub end users being students or premium subscribers to Creator’s Content. Customers providing Creator’s Content and BizMail are each intended to be independent contractors, and not employees, partners, or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. Customers are considered separate controllers of the personal data they collect from and about Content Creator’s end users. Customers are also responsible for providing an appropriate privacy notice to their Creator’s Content end users, respecting their privacy rights in accordance with applicable law, including by providing access to or deleting their personal data if they request and as required by applicable law.
BizMail is not responsible for interactions between Customers and Hub end users, except for providing the technological means through which Customers may broadcast and otherwise make their courses, digital downloads, premium newsletters, and other content available to end users. BizMail only provides Customers with limited information about end users enrolled in the Creator’s Content, including name, email address, IP address, and the Customer’s offering in which the end-user has enrolled including the status of the transaction and activities related to the Creator’s Content. This information is only available to the Customer upon the purchase or enrollment in the Creator’s Content.
BizMail is not responsible for setting the pricing on the Creator’s Content nor for transactions. Prices for Creator’s Content are set by you. You are solely responsible for setting any refund policy regarding the sale of the Creator’s Content to its end users. End users may pay for the Creator’s Content directly to you using third-party payment platforms such as Stripe and Paypal, subject to restrictions on certain payment methods depending on your country and choice. You are solely responsible for paying all commissions and fees due to third-party payment platfroms such as Stripe and Paypal and accept that such fees may be deducted from payment which is made by student. We reserve the right to change or add the payment provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate to another provider. Any attempt to bypass the payment system available via Hub to avoid transaction fees may result in the suspension or cancellation of your Account.
For the avoidance of doubt, BizMail will not be the seller or merchant of record and will have no responsibility for Creator’s Content, or offerings sold to end users through Hub. You are responsible for all taxes applicable to the Creator’s Content and for paying those taxes in a timely manner when due and payable, determining the taxes that apply to transactions occurring between you and end users of your Creator’s Content; and collecting, reporting and remitting the corresponding taxes to the appropriate tax authorities in a timely manner when due and payable.
Upon successful registration and Subscription to the Service, you agree to:
If you:
you represent and warrant that in using the Service, in particular in creating lists of Contacts, sending e-mails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the EEA and its member states. In particular you are obliged to:
Accepting these Terms of Service you engage BizMail in processing of the personal data necessary to provide you with the Service on terms and conditions stipulated in Data Processing Agreement, which constitutes an integral part of these Terms of Service.
To the extent BizMail receives from you any personal information (as defined by the California Consumer Protection Act of 2018 (the “CCPA”), for the sake of this section defined as the “Personal Information”) of any “consumer” (in the meaning assigned thereto by the CCPA) for processing, BizMail and you acknowledge that we shall serve as a service provider in the meaning of the CCPA, and as such, we shall not:
The role of BizMail shall be limited to providing you with the Service tools to be used for the purpose of Personal Information processing. We do not have any impact on the scope of the Personal Information you process in the Service; and except for specifying the minimum scope of the Personal Information required for the proper use of the Service, BizMail does not determine the purposes and means of processing, does not monitor the scope of these data or the lawfulness of the basis for its processing, nor does it check if you processes them correctly.
You agree that in case we receive a request from your Contact, who wants to exercise his/her rights under the CCPA, we shall inform such Contact that BizMail acts as a service provider, and further BizMail shall direct such Contact to you being an entity that determines the purposes and means of the processing of Personal Information.
While it is your responsibility to satisfy the requests of consumers, and to prepare replies thereto, we, to the best of our abilities and to a reasonable extent, shall reasonably support you, in fulfilling your obligations, in particular through the application of appropriate technical and organizational measures necessary for you to support the exercise of the consumers’ rights under the CCPA.
You are obliged to timely pay all applicable Subscription fees for your use of the Service in accordance with the Billing Period, List Size and Subscription Plan you have chosen, and these Terms of Service. We offer a variety of different Subscription Plans, monthly or 12-month Billing Periods, and List Size tiers that vary by Subscription Plan. We also accept renewal of Subscription Plans in 24-month Billing Periods, provided that you chose such a Billing Periodwhen it was still offered by us. Current Subscription Plans, Billing Periods and List Size tiers are available at: GetResponse Pricing.
Access to the Service is provided to you after we have received the applicable Subscription fee, calculated on the basis of the Subscription Plan, Billing Period and List Size you have chosen (pre-paid Subscription). The Service is available for the Billing Period you choose, which is automatically renewed in accordance with the Subscription Plan you choose, unless you delete your Account before the automatic renewal date.
You may pay for the Service using a credit card, PayPal or alternative payment methods, subject to restrictions on certain payment methods depending on your country. If you choose to pay fees with a credit card, you hereby agree to pay them in the form of a recurring payment, under which the Subscription fee is processed automatically based on the Subscription Plan, Billing Period and List Size you have chosen. The recurring payment is initiated on the first day after the expiration date of the previous subscription (“recurring payment date”).
If the recurring payment via credit card is unsuccessful at that point, depending on your Billing Period:
In the event that the credit card you provided us expires or any credit card information changes or becomes out of date, in order to procure continuity and avoid Service interruptions, you hereby authorize us to obtain or determine updated or replacement information, in particular expiration dates or credit card number, and to continue billing on the same terms using the updated or replacement information. We are not responsible for any fees charged by payment services providers.
We will issue an invoice for the Service within 30 days of receipt of each payment. You expressly agree to receive invoices from us by electronic means of communication. The first invoice is issued for the data you provided when purchasing the Subscription Plan, and each subsequent invoice for the data indicated in the Account settings on the day of its issue. For settlement purposes, the Billing Period marked in months ends with the expiry of the day that corresponds to the starting day of the Billing Period, and if there was no such day in the last month – on the last day of that month.
The number of your Contacts is the peak number of all Contacts within your Account – the exact number is visible in the Search Contacts tab. Please bear in mind that we monitor for the peak number of Contacts accumulated in all your campaigns in a given month, which means that Contacts are unique within each campaign, but not within the entire Account. As regards the Landing Page Builder add-on we count the number of unique visits on a published landing page in a given month.
If you exceed the number of Contacts (referred to as the “List Size” in BizMail Pricing) that you initially chose, the following rules will apply:
We reserve the right to change the fees for the Service at any time by posting a new price list on GetResponse Pricing. New price list applies to new Accounts and all current Accounts – from the beginning of any subsequent Billing Period or in case of any Subscription Plan changes. We will inform about the new price list by providing written notice sent to the email address available within your Account or by publishing a new price list on the website GetResponse Pricing. Changes to the price list in accordance with the previous provisions do not apply to Customers who use a paid Account in the following Subscription Plans: Email Marketing, Marketing Automation, Ecommerce Marketing or Legacy. For these Customers, details regarding limits and prices (current Subscription Plan, upgrade and auto-renewal rules) are available only in the Customer Account.
All fees are exclusive of taxes. Where appropriate, value added tax (VAT), goods and services tax (GST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT, GST or any other tax on sales purposes in your country. At our request, you will provide us with the VAT, GST or any other tax on sales registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Please note that some taxes depend on the region, province, state, town or district where you are located. You need to provide us with your correct address at all times, as we do not bear any responsibility resulting from wrong calculation of taxes due to inaccurate or wrong indication of address by you.
You may pay for services purchased as a part of the Service provided using our mobile app, downloaded from the App Store, made under your Apple ID account. Please note that the payment processor, which is responsible for any related refunds as well as for payments made as recurring payments, is the Apple Inc. company.
In accordance with the terms and policies of the Apple Inc. company, in case of any problems related to payments made via this method, you shall report any problems or refund requests through your Apple ID account. In order to get help with the above-mentioned issues, please use the dedicated Apple help center:.To avoid any confusion, please note the above-mentioned arrangements are only connected with payments made through the mobile app downloaded from the App Store.
You are not allowed to use the Service, or use, post or transmit any Content (defined below) including Creator’s Content to or within the Service in a manner that, either intentionally or unintentionally, violates any applicable local, state, national or international law, good industry practice, these Terms of Service, our Privacy Policy, our Anti-Spam Policy or any copyright or other right of a third party. Without limiting the foregoing, each of the practices specified here is considered a violation of these Terms of Service and grounds for termination of your Subscription.
Certain Content may be illegal or result in higher than normal bounce rates and abuse complaints, which may affect the deliverability of BizMail’s platform to you and others. You acknowledge the foregoing and agree that you will not use the Service to stream, disclose, engage in, offer to sell, and/or promote, either directly or indirectly, any goods or services identified here, and that doing so is considered a violation of these Terms of Service and grounds for termination of your Subscription.
You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service or any Website. You further agree not to take any action that imposes unreasonable or disproportionately large load on the Service, any Website, or any network or other Service infrastructure.
We do not pre-screen or control Customer’s activity related to the use of the Service. However, we reserve the right (irrespective of other rights under these Terms of Service) to refuse, remove or delete any Content, suspend email campaigns, block Customer’s landing page, stop Webinars, delete Creator’s Content, suspend access to the Service or any part thereof, with or without notice, at our sole discretion if we reasonably determine that Customer’s, User’s or Participant’s activity or the Content, including Creator’s Content violates any applicable provision of the law, our policies, these Terms of Service, any third party right or is otherwise objectionable. In the aforementioned situations, without in any way limiting the disclaimer and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
To report any illegal content available on our Platform or accessible via BizMail Service please refer to our reporting policy available HERE.
In order to help ensure the quality and accessibility of the Service to our Customers, you agree not to use the Service or features thereof in a manner that is excessive or unreasonable relative to other Customers under similar Subscription Plans and List Sizes.
Please note that we do not impose quantity restrictions on features such as number of sent emails, or landing pages, and that access to tools and features made available to you for “unlimited” use as part of the Service is not restricted if used in accordance with this Fair Usage Policy. However, we monitor various parameters on a case by case basis to identify and prevent excessive or unreasonable use that may adversely affect other Customers or performance of their campaigns.
If our Compliance Team in its sole discretion determines that your use of the Service or any feature thereof is excessive or unreasonable, overloads our systems and as a result, detrimentally affects other Customers, we will promptly advise you on how to reduce your usage.
If you do not follow that advice, and your usage continues to affect other Customers, you agree that we may immediately suspend or terminate your access to the Service in whole or in part and that you will not be entitled to a refund of any amounts previously paid. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstances shall we be liable for the consequences of any measures taken pursuant to this paragraph.
We respect the intellectual property of others, and we ask our Customers to do the same. We may, in appropriate circumstances and at our discretion, disable or terminate the Accounts of Customers who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Compliance Manager the following information:
Our Compliance Manager who acts as an Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: BizMail S.A.
Grunwaldzka 413, 80-309 Gdansk, Poland
By phone: +48 58 668 31 33
You can also use our contact form.
Any and all information, data, texts, graphics, logos, video, music or other materials that you post, upload, send, stream or otherwise make available using the Service, including but not limited to on your landing page(s) or during Webinars, or that your landing page visitors or Participants upload, post or stream on your landing page(s) or during Webinars (“Content”), or Creator’s Content available on Hub are solely your responsibility. Content also includes any links to other websites or resources or other third-party services that you use. We do not claim ownership of the Content or Creator’s Content and you (or your landing page visitor/Participant, as applicable) retain all right, title, and interest in and to the Content, including Creator’s Content. Notwithstanding the forgoing, the term “Content” and “Creator’s Content” do not include any materials that you take from our resources, including but not limited to from Multimedia Studio and our collection of predesigned templates. You agree that we can present your landing page in our marketing materials, in particular case studies.
You are entitled to use materials that we render available to you solely to use the Service for its intended purpose, notwithstanding whether such materials are paid or free, customized or standard. Please note that our resources (in particular the Multimedia Studio) may include materials that are subject to third party copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials or demand that you immediately stop using them, in particular in email campaigns and on your landing page(s) or Webinars. If you do not satisfy any such demand, we will be entitled to delete such materials at our sole discretion. In the aforementioned situations, without in any way limiting the disclaimers and limitations in Section 15, under no circumstance shall we be liable for the consequences of any measures taken pursuant to this paragraph.
If you post, upload, send, stream or otherwise make available Content including Creator’s Content through third parties or which belongs to a third-party, you are obliged to adhere to such third party terms and conditions of service or license, irrespective of your obligations resulting from these Terms of Service.
You acknowledge and accept that we may preserve the Content, including Creator’s Content and disclose it if we are required to do so by law or if it is necessary to enforce these Terms of Service, a court order or a decision of a competent public authority, respond to claims that any Content and Creator’s Content or the activity of your landing page visitor or Participants violates the law or the third party rights.
While we do not claim any intellectual property rights over your Creator’s Content, by uploading it through the Service to Hub’s end users, you grant us a worldwide, royalty-free license to host, use, display, distribute, make publicly available, store, make available, create derivative works from and otherwise exploit your Creator’s Content to provide it to end users, provide Hub and the Service.
We provide Customer Service via Email or Live Chat. When requesting customer service or submitting a complaint, you should provide at least your Account name – we do not reply or take any action based on “anonymous” support requests. Customer Service contact details are available here and within your Account under the “Support” tab. Most customer service enquiries are responded to within 24 hours on business days. You have the right to be advised about the processing status of your support request or complaint. You can also get help using our chatbot – an automatic tool supporting communication in real time. The chatbot service allows you to quickly obtain information about BizMail services and products and get answers to the most frequently asked questions. The chatbot service starts when the chatbot is launched and lasts until you leave the service window or switch the conversation to a chat with a consultant. Complaints regarding the functioning of the chatbot service can be submitted to our experts from the Customer Service Department.
You may cancel your Account at any time in accordance with this Section 9. An email or phone request to cancel your Account is not considered cancellation. In order to cancel the Account you must follow the instructions provided on this website. Please note that if you cancel your Account, your Subscription will be terminated with immediate effect. The BizMail Platform allows for restoring the Account (along with all data and Contacts List) within 30 days (for Free Accounts) or 120 days (for paid Accounts) from the date of its deactivation – regardless of the reasons for the deactivation. Restoration of the Account is subject to prior payment of the Subscription fee for the then next Subscription Period for the Service. We reserve the right to refuse to restore any Account without reason (including but not limited to, if we cancel the Account due to our termination of your Subscription or suspension of the Service).
We reserve the right to terminate or suspend your Subscription with immediate effect and refuse you any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service or any other agreement with BizMail, or cancel your Account. Without limiting the foregoing, the activities specified here each constitute a violation of our Terms of Service and grounds for immediate termination and or/suspension of your Subscription.
We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service.
Termination, suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed, and BizMail shall bear no responsibility for consequences resulting therefrom.
Free Account: this version of our Service requires no credit card for signup. This gives you a zero-charge way to try our Service. If you decide to upgrade at any time, the Free Account is upgraded to a Paid Account.
Paid Account: When you purchase a Paid Account or upgrade from a 30-Day Free Trial to a Paid Account, the BizMail billing system charges your credit card for the initial Billing Period (i.e. the month, 12-month, or 24-month Billing Period if still available for your Account, depending on your Subscription Plan). After that, the billing system automatically renews your Account every month, or every 12 months, or every 24-months, if still available for your Account, depending on the Subscription Plan you chose and charges the appropriate amount to your credit card, unless you delete your Account before the automatic renewal date.
Cancellation/Termination: if you cancel your Account or if we terminate your Subscription for cause as specified in Section 10 above, no further amounts will be charged to your credit card. However, you are responsible for any amounts already charged to your credit card.
Refund Policy: our Service is a pay-as-you-go service. Therefore, except as expressly provided below, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for a new Billing Period. For example, if we charge your credit card on August 10th, and you cancel your Account on August 15th, you are still responsible for paying for the entire Billing Period (month, 12 months, 24 months if available, depending on your Subscription Plan). Upon cancellation or termination, no subsequent charges will be applied to your credit card, but the amounts already charged are not refunded.
Unless otherwise stated in these Terms of Service the amounts paid by you under these Terms of Service are non-refundable. Please note that cancellation or termination does not release you from the obligation to pay any fees already due as of the effective cancellation or termination date.
Notwithstanding the above, if we terminate your Subscription without cause, then we will refund a pro rata portion of the amount you already prepaid for the portion of the Subscription remaining after the effective termination date.
Our data protection practices are set forth in the BizMail Privacy Policy. By using the Service, you agree to the terms of the BizMail Privacy Policy.
The Service, all BizMail software, and the content included on the Websites (such as text, graphics, logos, button icons, images, audio clips and software) (collectively, the “BizMail Intellectual Property”), are the property of BizMail or its content suppliers and protected by Polish, United States and international copyright laws. No part of the BizMail Intellectual Property may be reproduced or transmitted in any form or by any means without express written consent of the authors, except as specifically provided and allowed by us.
“BizMail” is a registered trademark of BizMail in the European Union, the United States, as well as in other countries. Without our express consent, our trademarks, service marks, logos and other indicia of source may not be used in conjunction with other entities’ products or services in any manner whatsoever, including but not limited to in any way that may cause confusion among customers and potential customers, or in any manner that discredits BizMail, its products or services.
We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.
We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Service or any of the Websites, at any time without prior notice.
You acknowledge and agree that BizMail provides the Service and Websites on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.
Every online business is unique, employing its own strategic approaches, and offering different products and services. For these reasons, individual results of each of our Customers will be different. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY, BASED UPON NUMEROUS FACTORS UNIQUE TO YOUR BUSINESS. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES YOU OFFER, YOUR BUSINESS MODEL, AND MARKETING STRATEGY.
BizMail does not promise, guarantee, or warrant your business’ success, income, or sales volume. You understand and acknowledge that BizMail will not at any time provide sales leads or referrals to you or your business. Customers who purchase our Service will receive access to software and tools to run online marketing campaigns, create online sales funnels, and otherwise aid their Internet marketing strategy. However, we do not promise or warrant your business’ success, and depending on a variety of market factors beyond our control, the software, tools and features we provide may or may not be suitable to your specific business. Also, we do not make income claims, return on investment claims, or claims that our software, tools and features will help you earn any specific amount of money. We also do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor or other professionals for advice on these matters.
You are solely responsible for your use of the Service, any of the Websites and any and all Content, Creator’s Content,, Webinars and email campaigns that you develop, operate or send using the BizMail Service. It is your duty and responsibility (and not ours) to back up all your files and data stored on our servers and under no circumstances will we be liable for any loss or damages due to loss of such files or data stored on our servers.
Without limiting the foregoing, BizMail is not responsible or liable to you for any:
To the maximum extent permitted by law, you agree that in connection with the Service, the Service or use thereof: (i) BizMail, its employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim, whether in contract, tort (including negligence) or otherwise and (ii) BizMail’s entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith (each a “Claim”), in the aggregate, regardless of the form and cause of action, whether in contract, tort (including negligence) or otherwise, shall not in any event exceed the equivalent of amount paid for the Service for one Settlement Period (Settlement Period shall mean, respectively, monthly period or 30 days) immediately preceding the date when the event causing the Claim occurred, with the exclusion of any amounts representing setup fees, List Extension Fees paid add-ons fees, or any other extra charges. The Customer hereby releases BizMail, its employees, directors, officers and representatives from any and all Claims in excess of the aforementioned limitation.
Neither party shall be responsible for any delay or failure in the performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond the reasonable control of the party in default or failing to fulfill their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Service, and whose activity is independent of the parties hereto.
You agree to indemnify and hold BizMail, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from (i) any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Service, (ii) violation of any law, or of the rights of any third party by you, your User, or any of your landing page visitors or Participants, (iii) your use of any third party service or integration of the Service with any third party service, or (iv) any User’s or Participant’s Content or activity, or (v) any Creator’s Content or related transactions with end users on Hub including refunds. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
BizMail may send three types of SMS:
The BizMail Anti-Spam Policy and Privacy Policy are each hereby incorporated into and constitute an integral part of these Terms of Service. You and BizMail are each intended to be independent contractors, and not employees, partners or joint ventures of one another, and neither shall have any authority to bind or incur any obligation or liability on the other’s behalf. If any provision of these Terms of Service or of any supporting document is invalid or unenforceable under the law of any government having jurisdiction, it shall not affect the legality, validity and enforceability of any other provisions hereof and such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent. BizMail reserves the right to change any of the provisions of these Terms of Service as well as any supporting documents at any time by posting the revised document on Website or by sending an email to the last email address you have given to BizMail. These Terms of Service and supporting documents shall be effective immediately upon posting on Website with respect to any continued or new use of the Service, unless you terminate these Terms of Service within 10 (ten) days of such posting. Your continued use of the Service after 10 (ten) days following the posting a revised version of the Terms of Service or any supporting or related documents constitutes your acceptance of such revised Terms of Service or supporting or related documents. The most current version of these Terms of Service is available at: www.getresponse.com/legal. We may assign rights and obligations arising from this agreement to any company controlled by or under common Control with BizMail without your prior consent. “Control” for purposes of these Terms of Service means direct or indirect ownership or control of more than 50% of the share capital or voting interests of the subject entity. You may not assign any rights or obligations arising hereunder agreement to a third party without our prior written consent. These Terms of Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The laws of the Republic of Poland and the court of local jurisdiction of BizMail shall be the governing jurisdiction. If we delay in exercising, or fail to exercise, or enforce any right or provision of these Terms of Service, such delay or failure does not constitute a waiver of that right, provision or any other rights under these Terms of Service.
The conclusion of the Agreement and acceptance of the Terms of Service is equivalent to expressing consent to receive BizMail declarations, including information on changes to the Terms of Service or the Agreement, changes to identification or contact data, termination of the Agreement, invoices and other accounting documents by means of electronic communication, in particular through the functionality of the BizMail platform and/or to the email address assigned to the Account.
If you enter into an Agreement with BizMail and have the status of a micro-entrepreneur, small entrepreneur or non-governmental organization within the meaning of Art. 3 sec. 2 of the Act of 24 April 2003 on public benefit and volunteer work, you consent to the exclusion of the application to you of the provisions referred to in Art. 292 of the Electronic Communications Law.
These Terms of Service are valid as of the earlier of the date provided to you or posted on the Website (January 21, 2025).
