Thank you for choosing Dmail.
Please carefully review these Terms of Use for the Dmail Service (hereinafter referred to as the “Terms”).
We will begin with the fundamental concepts, namely:>
Team — Dmail Inc ., and/or its independent contractors and/or representatives who collaborate and interact with the User according to these Terms.
Site or Website — an informational resource on the Internet located at dmail.ninja that consists of a collection of information and electronic documents (files) that facilitate the functioning of the Service.
Dmail or Service — an online template editor accessible at the URL of the Website, which, among other functions, indicated on the Website, allows the creation, editing, and management of email message templates and/or pictures, the ordering of such templates (hereinafter referred to as “Templates”).
User — a Client of the Service or a representative of a person who is a Client of the Service, uses Dmail and/or has registered an account using the Website, and also complies with the mandatory requirements for the User set forth by these Terms.
Account — the personal profile of a User, created upon the User’s registration on the Website, containing a collection of information about the User necessary for the use of the Service, including name (designation), email address, password, payment, and other information indicated on the Website as mandatory for providing during registration and use of the Service.
These Terms constitute a public offer, and their provisions apply to any User and are mandatory from the moment of visiting the Website, including in connection with the transition to the provisions of the Terms by clicking an active link in special electronic forms of the Website.
Disagreement with the Terms will result in the impossibility and/or immediate termination of using the Service.
By registering an Account, the User unconditionally accepts and agrees to these Terms, which constitute a legal agreement (hereinafter referred to as the “Agreement”) between the Team and the User and are mandatory for all and any Users with no possibility of adjusting the Terms at the User’s request.
1. Mandatory requirements for the User. Account creation and access
1.1 To use the Service, the User must meet the following mandatory requirements:
1.1.1 be at least eighteen (18) years old and have the legal capacity and all necessary authority to enter into the Agreement;
1.1.2 undergo the registration process to create an Account as provided on the Website;
1.1.3 unconditionally accept these Terms and the Privacy Policy;
1.1.4 provide truthful, accurate, complete, and up-to-date information about the User, including necessary contacts and payments.
1.1.5 the following individuals or entities cannot be Users:
a. organizations that publicly declare or acknowledge that their goals, positions, or fundamental principles include statements or principles that can be clearly interpreted as justification, encouragement, or support for physical violence, as well as the dissemination of hate content;
b. individuals who have made public statements or comments that can be clearly interpreted as threats of physical violence or content containing hatred (and/or have otherwise openly expressed their position, particularly by belonging to the aforementioned organizations);
c. individuals or organizations displaying rudeness, aggression, or disrespect towards Stripo and/or its employees (in such cases, Stripo also reserves the right to terminate cooperation without providing explanations and/or additional consultations);
d. individuals or organizations whose actions can be clearly interpreted as supporting, encouraging, inciting, or disseminating content containing hatred or threats of physical violence;
1.2 The User confirms and guarantees their compliance with all the above-mentioned requirements stated in Clause 1.1 of these Terms.
1.3 The Team has the right to modify and/or introduce additional requirements for Users at any time, non-compliance will result in the refusal to serve the User and/or the closure of the Account.
1.4 Upon registration and creation of an Account, the User gains access to the functionality of the Service, which they use in accordance with these Terms and other rules and provisions of the Team indicated on the Website or additionally provided to the User.
1.5 The User is responsible for maintaining the confidentiality of the email address, password, and other Account data they have access to, as well as for any activity in their Account.
1.6 Email addresses and social network data are unique and can be used in the Service only once for the registration of a single Account.
1.7 The Team is not liable for any damages caused by password theft or breach. The Team does not have access to the User's active password and, for security reasons, can only provide instructions on password recovery.
1.8 The Team has the right to update any contact information in the Account for payment purposes.
1.9 The User is not entitled to request access to an Account that does not belong to them or any information about such Accounts.
1.10 In the case of a dispute situation related to an Account, the Team may suspend the activity of all disputed Accounts related to this situation (including blocking login functionality) for security and data confidentiality reasons until the dispute is resolved, for a period determined at the Team's discretion.
1.11 The Team has the right to decide who the owner of an Account is based on the content of that Account. If the content identifies multiple individuals or contains other conflicting information that prevents determining the Account owner, the Team will rely on other information, including the contact details provided for that Account.
1.12 In accordance with the general rule, all disputed and conflicting situations related to Accounts are resolved directly between Users without involving the Service and its Team in dispute resolution.
1.13 The Team and the Service adhere to the requirements of the General Data Protection Regulation (Regulation (EU) 2016/679; hereinafter referred to as GDPR) and provide the technical capabilities of the Website to satisfy legitimate requests from Users regarding rights, including the right to request a copy of the User's personal data, edit personal data, and the right to be forgotten.
1.14 The official languages for responses to any inquiries or requests from the User is English. The Team reserves the right to exclusively use these specified language in servicing the User
2. User's obligations, guarantees, and assurances
2.1 The User is obligated to refrain from any interference with the operation of the software used to provide the Service and from violating the property rights to it and the Website, including intellectual property objects related to Dmail (patents, trademarks, service marks, trade secrets, copyrights, etc.).
2.2 Obligations when using Dmail Templates:
2.2.1 The User understands that Dmail is the owner of Dmail Templates, and the User can use them to create their own emails and templates by modifying them as established by Dmail.
2.2.2 The User confirms and guarantees that they own all materials, content, data, and information (including personal information of the User and personal information of other individuals used by the User) that the User provides to Dmail while using the Service or the User has permission and the right to use the aforementioned materials, content, data, and information.
2.3 The User confirms and assures that they have reviewed the Privacy Policy containing the rules for the collection, use, and disclosure of content and personal information of the User during the use of the Service and consider it understandable and acceptable. The User gives consent for the transfer of their personal data to the Team and also consents to the collection and other processing of their personal data necessary for using the Service by the Team. In connection with the processing of personal data for using the Service, the User does not consider their rights and interests violated, including under GDPR requirements.
2.4 The User agrees not to create or distribute spam, the definition of which is published on the Spamhaus website.
2.5 Recognizing that Dmail prohibits Accounts primarily aimed at inciting harm to others and disseminating content containing the promotion of discrimination, hatred, or persecution, the User is obliged not to create templates or other means of content distribution that (at the discretion of the Team) fall under at least one of the following criteria:
2.6 Physical violence threat: This refers to any statement, image, photo, advertisement, or other content that can be interpreted as a threat of violence, as well as justification or incitement to physical violence.
2.6.1 Content containing hatred: This refers to any statement, image, photo, advertisement, or other content that can be interpreted as promoting violence, persecution, intimidation, discrimination, and other criminal actions against others based on race, ethnicity, sexual orientation, gender identity, gender, religion, age, disability, illness, or immigration status.
2.6.2 The User with a paid Account is obliged to pay for using the Service as established on the Website and in Section 3 of these Terms. To make payment, the User is also obliged to provide Dmail with current information regarding the User's credit card and to authorize the deduction of monthly payments from this credit card. Upon the expiration of the credit card's validity period, the User is obliged to replace the information with the details of a new valid card.
2.7 The User is obliged to promptly notify the Team of any unauthorized access to the Account.
2.8 The User guarantees that the use of the Service will comply with all legal requirements. The User is responsible for their choices when using the Service, which complies with legal norms, including HIPAA, GLB, EU data privacy laws, the General Data Protection Regulation (in conjunction with “EU Data Privacy Laws”), U.S. export control laws, laws and regulations on economic sanctions (“U.S. Export Control Laws”), and other applicable laws. If the User falls under these laws (such as HIPAA) and uses the Service, the Team is not responsible for any non-compliance of the Service with these requirements. The User assures that they will not use the Service for any unlawful or discriminatory actions, particularly those prohibited by the Federal Trade Commission Act,the Fair Credit Reporting Act,the Equal Credit Opportunity Act,the Children’s Online Privacy Protection Rule, and other commerce-related laws.
2.9 If the User registers on the Website and uses the Service on behalf of or for the benefit of a company or another individual represented by the User and/or acting on their behalf, the User confirms and guarantees that they have the authority to accept these Terms, conclude the Agreement, and perform other actions related to Dmail on their behalf.
2.10 In cases provided for by these Terms, the User confirms their consent to the final deletion of the Account, as well as all associated data, including templates and other content.
2.11 In the case of a dispute situation, the User is obliged, upon the Team’s request, to provide additional information and requested documents, as well as to take or refrain from certain actions.
3. Payment procedure
Rates for the service are published on the Website in the “Pricing” section and may be periodically changed by the Team by publishing current rates on the Website.
If it's impossible to process the User's payment by credit card, the Team will attempt to contact the User by email and has the right to temporarily suspend the activity of the Account until the payment is processed.
4. Responsibility
4.1 The User assumes full responsibility for any damages caused by the use of the Website and the Service, including any downloads from the Website. The Service and the Team are not liable for any damages, lost profits, and moral harm incurred under any circumstances.
4.2 The Team and the Service are not responsible for the conduct of third parties associated with the Service and the Team's websites or other Users.
4.3 In the case of a violation of these Terms by the User, the Team has the right to suspend or delete the User's Account without refunding the User's remaining funds.
4.4 In the case of a violation of these Terms, the Team also reserves the right to disclose to regulators, law enforcement, or other competent authorities (at its own discretion) any personal and private data and/or any information about the User and the services used by the User and/or any unlawful actions committed by the User.
4.5 The User agrees to fully indemnify any expenses and damages, including all legal costs, costs of legal assistance, and moral and material harm, which are a direct or indirect consequence of the User's violation of the provisions of these Terms and/or applicable legislation and/or any actions or omissions of the User prohibited by these Terms as well as the posting of the User's content.
4.6 The Team is not responsible for any delays or failures in the operation of any part of the Service for any reason beyond the Team's control and resulting from force majeure circumstances. This includes (but is not limited to): changes in applicable legislation, embargoes, war and military actions, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic actions, exceptionally severe weather conditions, actions of hackers or third-party internet service providers, as well as other circumstances that the Team cannot influence and that affect the implementation processes of the Service.
4.7 The Team accepts notifications of violations, receipt of spam, copyright infringements, and violations of intellectual property rights at the following email address: abuse@stripo.email
5. Final provisions
5.1 The term of the Agreement and acceptance of these Terms begins from the moment of registration of the Account and lasts throughout the entire term of the Account's existence until its closure at the User's initiative and/or deletion by the Team.
5.2 In addition to the other cases established by these Terms, the Team has the right to delete the Account without refunding any remaining funds in the case of inactivity (non-use by the User) of the Account for 24 months or more.
5.3 Upon deletion of the Account, the associated email address will not be available for further use in any Accounts and cannot be restored or used for registering a new Account.
5.4 The Team has the right to transfer/delegate its rights and powers to any other natural or legal person at its own discretion.
5.5 The Team has the right to change these Terms in whole or in part at any time by publishing the current (updated) version of the Terms on the Website, which becomes binding for all Users from the date of the update specified in the new version of the Terms, regardless of the date of the User's registration and Account creation.
5.6 The Team has the right to change the Website, the Service, and any features of the Service at any time, as well as to terminate the operation of the Website, the Service, or any of its features.
5.7 Access to the Website and the Service is provided to the User on an “as is” basis. This means that the Team and the Service do not provide the User with any warranties (express or implied), conditions, or obligations regarding the Website and/or the Service, except as specified in these Terms. This also implies (but is not limited to) the absence of warranties of merchantability and/or fitness for particular purposes, satisfaction of the User’s specific needs, and so on.
5.8 U.S. Government notice to end users: The software and website used to provide the Service, including all documentation, are “commercial items” as defined in 48 °C.F.R. § 2.101, and are considered “Commercial Computer Software” and “Commercial Computer Software Documentation.” Commercial computer software and documentation of commercial computer software are licensed to U.S. end users:
* exclusively as commercial items;
*with the same rights as all other Users;
*in accordance with these Terms.
5.9 The laws of the state of Delaware (USA), excluding its conflicting rules, apply to any dispute situation related to the Agreement or the Service. Any dispute situation related to the Agreement or the Service will be resolved by the state and federal courts of the state of Delaware, and each party will submit to the jurisdiction of these courts.
5.10 Any notice sent to the User is valid if sent to the last email or physical address provided by the User through the Service.
5.11 Any notice sent to the Team is valid if delivered to the specific addresses published on the Website in the relevant sections.
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Thank you for taking the time to read the Dmail Terms.