Your access to and use of the Service is contingent upon your acceptance and compliance with these Terms. These Terms apply to all visitors, users, and any other individuals who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of the terms, then you are prohibited from accessing the Service.
Using our services:
In order to access and utilize the Services, you must meet the following requirements:
- Be at least 18 years of age or the age of majority in your jurisdiction.
- Complete the registration process to create a user account.
- Provide and maintain complete, accurate, and up-to-date contact and account information.
You are solely responsible for all activity that occurs through your account, whether or not it is authorized by you. To ensure the security of your account, you agree to take reasonable precautions to keep your username, password, and other account information confidential, not to share it with anyone, and to immediately notify us of any unauthorized use.
Pichforest may occasionally apply updates to the Services, which may result in changes to the appearance and functionality of the Services. You may also be able to access, interact with, or purchase products or services from third-party websites or applications linked to or accessible through the Services. However, Pichforest does not provide any warranties, representations, endorsements, approvals, or verifications of such Third Party Services. Any contracts or transactions completed through Third Party Services are solely between you and the relevant third party.
To protect the Services from being used to send unsolicited spam emails, Pichforest reserves the right to take any and all measures it deems necessary or appropriate. Without limitation, you agree that Pichforest may suspend or cancel your account if it suspects that your account is being used to send unsolicited emails.
Rules of Use:
You agree to always use the Services in accordance with all applicable laws and regulations, including, but not limited to, CAN-SPAM, CASL, and GDPR. Misuse or unauthorized use of the Services and its related systems or networks, or of any information or material available through the Services, is strictly prohibited and Pichforest reserves the right to immediately suspend or cancel the account of any user who is using, or who Pichforest reasonably believes is using the Services in violation of these Terms, without liability or prejudice to any other remedies that it may have.
You further represent and warrant that you will only send Transactional Messages to email recipients who have provided you with valid consent under the Regulations to receive communications from you. Transactional Messages are defined as communications that are sent in response to an action by an email recipient related to a product or service offered by you (e.g. a confirmation email sent in response to a purchase of a product or service through your website) or that concern the ongoing use, purchase or subscription by an email recipient of a product or service offered by you. You must not send Transactional Messages that are bulk messages or messages that have a purpose of encouraging participation in a commercial activity.
Pichforest owns all intellectual property rights related to the Services, including trademarks, design marks, trade dress, domain names, service names, logos, and associated designs. Any unauthorized use of the Trademarks is strictly prohibited. Furthermore, if you submit any suggestions, comments, or other feedback to Pichforest regarding the Services, you grant Pichforest a worldwide, perpetual, irrevocable, unrestricted, unlimited, and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any and all commercial and non-commercial purposes. In other words, Pichforest has the right to use and exploit any Feedback in any way at its discretion, without compensation or obligation to you or to any other party.
Payment & Refund:
You can pay securely and with peace of mind through Stripe, PayPal, and other third-party payment gateways. To ensure your satisfaction, we offer a 30-day money-back guarantee for all our services. If you are not completely satisfied with your subscription within 30 days of purchase, you can receive a full refund if have a valid reason.
Confidential Information refers to any information or materials of Pichforest that is reasonably considered to be confidential or proprietary in the given circumstances. This includes, but is not limited to, trade secrets, hardware, software, specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic or machine-readable form. As a user of the Services, you are obligated to keep all Confidential Information strictly confidential and not use or disclose it for any purpose other than as required for your use of the Services.
Term and Termination:
These Terms will come into effect on the date you first register, access, or use the Services and will remain in effect until your account is cancelled. You may terminate your account at any time by sending a cancellation request to email email@example.com. Pichforest reserves the right to immediately suspend or cancel your account without cause, notice, or refund at any time and in its sole discretion. You acknowledge and agree that Pichforest will not be liable to you or any third party for any losses resulting from such suspension or termination.
Upon termination of these Terms for any reason:
- Any rights and licenses granted to you under these Terms will immediately expire.
- Within thirty (30) days of termination, Pichforest will provide you, upon request, with a list of unsubscribe requests received by your account.
- You must continue to process all unsubscribe requests as required by law with respect to any email campaigns sent through the Services.
- You must promptly pay any outstanding amounts to Pichforest.
You agree to defend, indemnify, and hold Pichforest harmless from and against any and all claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, resulting from or related to:
- Your access to or use of the Services or any User Content;
- Your violation of these Terms or the Acceptable Use Policy;
- Your violation of any applicable laws, including, but not limited to, anti-spam or privacy laws;
- Your violation of any third-party right, including, but not limited to, any intellectual property, privacy, or proprietary right, or obligation of confidentiality.
You will use your best efforts to cooperate with Pichforest in the defense of any claim and Pichforest reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.