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Terms of use

PREAMBLE
 

The websites https://www.mailreach.co/ and https://app.mailreach.co (the “Website”) are published by THE BRAIN COMPANY, a simplified joint stock company, whose registered office is located at 10 rue de Penthièvre in Paris (75008), registered in the PARIS Trade and Companies Register under number 899 225 684 (hereinafter “THE BRAIN COMPANY” or “the Service Provider” or “MAILREACH”).

1. SUBJECT

The purpose of these General Terms and Conditions of Use and Sale (hereinafter the “General Terms and Conditions”) and all the documents relating to the subscription to the service(s) offered by THE BRAIN COMPANY on the Site is to define the conditions under which THE BRAIN COMPANY provides the Customers and Users with the Services, and the conditions under which the Customer or User may use the Services.

This contract (hereinafter the “Contract”) is made up of the present General Terms and Conditions and the Privacy Policy and is governed by French law.

By validating the creation of his Customer Account, the Customer acknowledges having read and accepted all the General Terms and Conditions, without reservation.

Any use of the Website or Services also implies acceptance by the Customer of these General Terms and Conditions, without reservation.

The General Terms and Conditions are available on the Website at https://www.mailreach.co/terms-of-use/

2. DEFINITIONS

The following terms, whether used in the singular or plural in these General Terms and Conditions, as well as in any other document under the Contract in addition thereto, shall have the following meaning:

  • “Anomaly“: means any technical malfunction related to the computer tools on which the realization of the Services depends and to any malfunction related to the Services.
  • “Customer“: any User who has created a Customer Account and benefits from the Services of THE BRAIN COMPANY on the Website 
  • “Customer Account” means an online account created by the Customer to access the Services.
  • “Customer Email Account” means the email account of the Customer connected to the MAILREACH Software for the use of the Services.
  • “Data“: any information provided by the Customer or the User enabling the latter to identify himself to THE BRAIN COMPANY, as well as any data and content stored or transmitted via the Services, which includes in particular the connection information for the Customer’s Email Account.
  •  “Email“: electronic mail transmitted via the Internet using various protocols: POP, IMAP, etc.
  • “Identifying Codes“: connection login (“Login”) and password (“Password”) chosen by the Customer allowing the latter to access and manage the Services via his Customer Account.
  • “MAILREACH API“: programming interface for using MAILREACH
  • “Party“: THE BRAIN COMPANY and/or the Customer and/or the User
  • “Plan”: method of access and subscription by the User to the Services provided by MAILREACH on the Website, the terms of which are set out in Article 5 hereof.
  • “Service(s)“: all the services provided by MAILREACH to the Customer, either on the Website or through the MAILREACH API, as described in article 4 of these General Terms and Conditions.
  •  “Software“: the Website’s computer program whose purpose is to improve the deliverability of Emails sent from the Customer’s Email Account.
  • “Technical restrictions“: technical restrictions on the use and operation of the Service set by MAILREACH due to the characteristics of its technical infrastructure, its commercial policy, its technological choices and technological developments.
  • “Unavailability” means any technical failure resulting in the physical inability to access the Website and/or the Services.
  • “User“: any individual or legal entity under private or public law who uses the Website
  • “Website“: website accessible at the address https://www.mailreach.co/ published by the company THE BRAIN COMPANY and hosted by the company Digital Ocean.

3. CUSTOMER ACCOUNT – REGISTRATION

In order to access the Services and become a Customer, the User must create a Customer Account on the Website and communicate his payment information, except for the Spam Checker Service (free version) for which the creation of a Customer Account is not necessary.

3.1. Conditions of access to the Services 

The Services are exclusively for professional use, and only accessible to persons legally capable of entering into contracts under French law. 

3.2. Information provided by the Customer 

When registering online, the Customer agrees to complete the registration form truthfully and with accurate, complete and up-to-date information. The Customer must fill in all the mandatory fields on the registration forms. In the event of a change in his situation, the Customer undertakes to update his information via the Website on his Customer space. 

MAILREACH shall not be held responsible if it has not been notified of a change in the Customer’s situation. 

The Customer therefore undertakes not to create a false identity that could mislead third parties and to update without delay the data he has communicated during his online registration. 

In the event that the Customer provides information that is false, inaccurate, outdated, incomplete or in violation of the provisions of this section, MAILREACH shall have the right to suspend or delete the Customer’s account without delay and to immediately deny the Customer access to all or part of the Services for the future.

3.3. Account creation and use 

To create an account, the Customer must choose his ID Codes composed of:

  • a login consisting of his email address and 
  • a password 

These codes will allow the Customer to access the Services and to manage his account so that only the Customer can have access to his personal information. This account is strictly personal, and the Customer may not share it or transfer it to anyone.

A uniqueness check is performed by the system. For security and confidentiality reasons, only the combination of these two codes allows the Customer to access the Services. The login and password are proof of the Customer’s identity and commit him/her for the use made of the Services through the system. 

Customer may change his account information using his user ID and password. The Customer is entirely responsible for the safekeeping and use of his login and password. He must take all measures to prevent unauthorized or fraudulent use of his personal space. To this end, he must regularly change his password. The Customer must not disclose its password to anyone. MAILREACH will never ask the Customer for its password via an unsolicited telephone call or e-mail. 

Furthermore, as MAILREACH is not obliged and does not have the technical means to ensure the identity of persons registering for its Services, MAILREACH is not responsible in case of usurpation of a user’s identity. If the Customer notices or suspects any unauthorized or fraudulent use of its login and/or password or any breach of security, it must immediately alert MAILREACH by e-mail to [email protected] .

3.4. Opposability of the General Terms and Conditions

By validating the creation of his Customer Account, or by using the Services, the Customer acknowledges having read and accepted all the General Terms and Conditions.

The present General Terms and Conditions are opposable as soon as they are accepted by the Customer.

MAILREACH reserves the right to adapt or modify these terms and conditions at any time.

MAILREACH will inform Customers of the existence and entry into force of new Terms and Conditions by e-mail or by publication on its Website or by notification in the Customer Account.

In the event of termination of his subscription, the Customer is informed that he remains responsible for any use of the Website and services prior to the termination.

In any case, the version of the General Terms and Conditions enforceable against the Customer is the last one published on the Website. It prevails over all paper or electronic versions of previous date.

The General Terms and Conditions are permanently accessible on the Website at https://www.mailreach.co/terms-of-use/ .

The Customer may access the archived General Terms and Conditions by sending a request by e-mail to the address: [email protected] .

4. SERVICES OFFERED TO CUSTOMERS

4.1. The Services provided by MAILREACH requiring the acceptance of the General Terms and Conditions but neither the creation of a Customer Account nor the subscription to a Plan are the following:

  • Spam Checker – free version 

Allows you to check the deliverability of a Customer’s email sent from the Customer’s email account to MAILREACH’s email accounts, and to receive suggestions or recommendations to improve its deliverability.

The free version of Spam Checker is limited to a number of checks. Beyond that, the Customer will have to create a Customer Account and subscribe to a Plan.  

4.2. The Services provided by MAILREACH, requiring the creation of a Customer Account, the acceptance of the General Terms and Conditions and the Plan under the conditions of article 3 and 5 of the General Terms and Conditions are the following:

  • Email warmer and analysis of deliverability results 

MAILREACH generates interactions between the Customer’s email account connected to the MAILREACH Software and MAILREACH’s email accounts or the email accounts of other MAILREACH customers. These interactions are effected by sending emails from the Customer’s email account connected to the MAILREACH Software and by sending replies to the Customer from MAILREACH’s email accounts or from the email accounts of other MAILREACH customers, but also by opening the Customer’s emails received in MAILREACH’s email accounts, marking them as important or removing them from the spam folder or from categories other than the main inbox (“Interactions”) 

The objective of the MAILREACH service is to improve the deliverability of emails sent from the Customer Email Account connected to the MAILREACH Software by increasing the reputation of said account. 

  • Spam checker – paid version

Allows you to check the deliverability of a Customer’s email sent from the Customer’s email account, or from the Customer’s email account connected to MAILREACH Software, to MAILREACH email accounts, and to receive suggestions or recommendations to improve its deliverability.

The paid version, i.e. with the obligation for the Customer to create a Customer Account and subscribe to a Plan, is applicable as from the exhaustion of the number of checks allowed by the free version.

5. USE OF THE SERVICES 

5.1. Condition of use of the services

The Customer agrees to meet the terms and conditions of use of the Services as set forth in these Terms and Conditions or any MAILREACH Policy.

In particular, the Customer agrees to use the Services with the utmost care, respecting the rules of use and Technical Restrictions indicated on the Website and/or indicated by MAILREACH. 

The Customer shall also ensure that each of its members, employees or service providers also complies with the Terms of Use.

In addition, the Customer agrees to respect the terms of use of the messaging service he uses (GOOGLE, OUTLOOK etc.)

The Customer agrees to regularly consult its Customer Account and to take cognizance of all communications sent to it by MAILREACH. The Customer also agrees to cooperate actively with MAILREACH to ensure the proper functioning of the Service.

The Customer agrees to inform MAILREACH as soon as possible by e-mail or by instant messaging of any request, complaint, legal action, directly or indirectly related to the provision of the Service. 

In addition, the Customer is informed that in the context of the execution of the Service, MAILREACH may ask the Customer to provide a copy of an identity document corresponding to the information indicated in the Customer’s profile, in particular in the event of loss of the Identifying Codes.

Any failure by the Customer to produce such a document within the required timeframe will result in the suspension, or even the termination without notice of the Services with the definitive deletion of the information, as well as the closing of the Customer’s account concerned without the Customer being able to claim any credit, reimbursement or compensation for the prejudice suffered by the Customer or any third party.

In order to monitor and maintain security and to prevent damage to the security of the infrastructure, systems and facilities, MAILREACH may conduct targeted and ad hoc monitoring of the use of the Services and, where appropriate, may suspend access to the Services.

In the event that MAILREACH finds that the Customer’s use of the Service jeopardizes or alters the stability, security and quality of the Services, infrastructures, programs, networks or infrastructures of MAILREACH, other Users and/or Customers of MAILREACH or third parties, MAILREACH reserves the right to suspend or even interrupt the provision of the Service, without prior notice.   

The Customer subscribes to the Services in his own name and for his own account. The Customer is allowed to send promotional emails via the Services for a third party but is not allowed to transfer the use of all or part of the Services to its own customers, even for free.

In the case of sending promotional emails for a third party, the Customer and its customers are equally subject to the obligations set out in the Agreement.

All of the above terms of use are applicable to the MAILREACH API. 

5.2. Connection of the Customer’s Email Account to the MAILREACH Software

For the use of certain Services, the Customer is informed that he must connect to the MAILREACH tool the Customer Email Account from which he wishes to use the Services.

By connecting the Customer’s Email Account to the MAILREACH Software, the Customer authorizes MAILREACH to generate Interactions between the Customer’s Email Account connected to MAILREACH and MAILREACH’s email accounts or other MAILREACH customer email accounts.

In order to connect the Customer’s Email Account to the MAILREACH Software, the Customer must provide his login information to his email account, namely his login and password.

The Customer accepts and acknowledges that MAILREACH cannot be held responsible for the loss or destruction of content or data in the Customer’s Email Account connected to MAILREACH, and that it is the Customer’s responsibility to make adequate backups of the same.

5.3. Content 

Customer is fully responsible for all data, information or content, including the content of emails created and sent by Customer via the Services (the “Content”), and for the Content’s compliance with applicable regulations.

The Customer agrees that the Content (i) does not infringe any intellectual property rights (ii) does not contain any viruses or programs designed to damage, intercept or hijack any system or data (iii) does not contain any material that is unlawful, libelous, or that would encourage conduct that would constitute a criminal offence (iv) does not contain any sensitive personal data (iv) is false, misleading or derogatory.

MAILREACH has full discretion to monitor the use of the Services and may take any action to ensure that the use of the Services complies with the regulations and the General Terms and Conditions.

6. FINANCIAL CONDITIONS

The following services are free:

  • Spam Checker – Free version

The following services are subject to a fee:

  • Email warmer and analysis of deliverability results 
  • Spam checker – Paid version

For the paid Services, the Customer is offered different monthly subscriptions or Plans. 

It is reminded that for the PRO Plan, the price indicated for the monthly Plan is the one corresponding to the warm-up of a single email account. 

You can find the different Plans and corresponding prices on the website at https://www.mailreach.co/pricing/ 

Prices for these Subscriptions and Plans are available in US dollars. 

All the amounts payable are indicated on the Website excluding tax. Before the confirmation of the order by the customer, the total amount of the order will be indicated in US dollars including VAT.

The Plan is due and payable in advance on a monthly basis from the date of the first paid subscription and will be renewed thereafter on the same basis, subject to full payment in advance of the amount due.

Each time a new Email Customer Account is added, resulting in an increase in the amount of the Plan for a single Email Customer Account, the periodicity and renewal date of the Plan for the new Email Customer Account added is identical to that of the Plan for the first Email Customer Account so that the amount of the Plan for the addition of the new Email Customer Account is prorated for the first month.

Payment is made by credit card. 

The Customer’s card will be charged for the first payment upon conclusion of the Contract.

Thereafter and within the framework of the Plan, the Customer’s card will be debited every month on the anniversary of the date of the conclusion of the contract, i.e. on the day of the month bearing the same date as the day of the conclusion of the contract. If there is no such date, the period expires on the last day of the month. 

The Customer authorizes MAILREACH to charge the credit card provided for all amounts due for the various services. 

The Customer may terminate its Plan at any time. However, any month started will be due and MAILREACH will not refund the amount of the unused Plan paid for the month started.

The Plan price does not include the cost of equipment and internet access to use the Services.

Any delay in payment will entitle MAILREACH to charge late payment interest, collection fees and other amounts permitted by law. In addition, MAILREACH may immediately, upon notice, temporarily suspend access to and use of the Services and/or terminate the Customer’s subscription.

MAILREACH reserves the right to change the rates for the Services by notifying the Customer by email with at least thirty (30) days notice. If the Customer does not accept the new rates as notified, it must cease all use of the Services at the latest on the last day of the monthly period already paid at the date of the notification and terminate its subscription. 

7. CUSTOMER DATA

7.1. In order to use the Services, the Customer is reminded that he must link the Customer Email Account to his MAILREACH Customer Account. 

MAILREACH therefore requires that it be granted certain rights with respect to the Customer’s data, such as access to the Customer’s Email Account in order to be able to send emails via the Services and for MAILREACH to be able to verify responses to emails sent. 

The Customer retains full ownership of its data. MAILREACH will not dispute this ownership in any way.

The Customer acknowledges and agrees that MAILREACH must be able to transmit, store and copy its Data in order to display and transmit, in particular, the results and statistics of deliverability, and therefore gives MAILREACH all necessary rights.

MAILREACH undertakes to use and store such data solely for the purpose of providing the Services to the Customer, and more generally to MAILREACH’s Customers.

7.2. The personal data collected from the Customers are subject to computer processing by MAILREACH. They are recorded in its Customer file and are essential for the processing of its subscriptions to services. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of the Services and any applicable guarantees.

The data controller is the legal representative of MAILREACH. Access to personal data will be strictly limited to employees of the data controller, authorized to process them by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the Customer’s authorization being necessary.

Third parties have limited access to the data in the context of their services and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, MAILREACH will not sell, rent, transfer or give access to third parties to the data without the Customer’s prior consent, unless it is forced to do so for a legitimate reason.

In accordance with the applicable regulations, the Customer has the right to access, rectify, delete and port his or her data, as well as the right to object to the processing for a legitimate reason, which rights may be exercised by contacting the data controller at the following postal or e-mail address [email protected] .

8. SECURITY

The Customer declares that he accepts the characteristics and limits of the Internet and in particular agrees:

  • that they are aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
  • that the communication by the Customers of personal identification elements or in a general way of any information considered by the Users as confidential is made under their own responsibility;
  • that it is up to the Users and Customers to take all necessary measures to ensure that the technical characteristics of their computer allow them to consult the information;
  • that it is up to the Users and Customers to take all the appropriate measures in order to protect their own information and/or software from contamination by possible viruses circulating through the Website.

Therefore, MAILREACH cannot be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses. The Services are provided as is and as available. 

MAILREACH does not guarantee error-free, uninterrupted and secure provision of the Services offered via the Website. 

It is not bound by any obligation to provide personalized assistance, particularly technical assistance. 

It disclaims any express or implied warranty, in particular concerning the quality and compatibility of the Website for the use that Users will make of it. It does not guarantee any result or benefit in the use that will be made of the Services offered through the Website.

Nor does it guarantee that the files transmitted by the Customers cannot be subject to intrusion by unauthorized third parties or be corrupted or downloaded, or that the information and data circulating on the Internet are protected against such attacks or possible misappropriation.

9. MAILREACH WARRANTIES AND LIMITATIONS OF LIABILITY

In the event that MAILREACH is held liable by a court for a breach of its obligations under the Agreement, MAILREACH may call upon the Customer to provide a guarantee. 

Consequently, the Customer guarantees MAILREACH in the event of any legal or de facto disturbance, and in particular in the event of any action directed against the latter in relation to the present Agreement, and undertakes to bear all costs, including the costs of proceedings, damages and interest relating thereto. 

MAILREACH undertakes to implement all necessary means to ensure the best possible provision of the Services it offers to the Customer. 

Nevertheless, MAILREACH does not guarantee that the Services offered meet the Customer’s needs and requirements.

MAILREACH is not responsible for any error, inaccuracy or omission in the delivery information concerning the Customer Email Account. 

MAILREACH also declines all responsibility in case of loss of data, alteration, destruction or any damage affecting the Customer’s or a third party’s hardware or computer system and which would result from browsing the Website or using the Services, or in case of exclusion of the messaging service used by the Customer’s Email Account, or of a use of the Services resulting in legal and/or technical damage, or of a degradation of deliverability and/or of the reputation of sending emails. 

Lastly, it shall not be held liable in the event of force majeure or an event beyond its control, in particular in the event of interruption or malfunction of the Services resulting from a failure of the telephone network or the Customer’s Internet access provider.

10. INTELLECTUAL PROPERTY

The MAILREACH brand has been registered by THE BRAIN COMPANY at the INPI (France) under the number 4776557.

The Software made available to the Customer as part of the Service remains the full property of MAILREACH. 

Consequently, the licenses granted within the framework of the Services do not constitute in any case a transfer of the intellectual property rights of the Software made available to the Customer.

MAILREACH hereby grants the Customer, for the duration of the Service, a non-exclusive, non-transferable and strictly personal license to use the Software made available as part of the services subscribed to by the Customer. The use of the Software is exclusively limited to the use of the subscribed Service.                                                      

MAILREACH retains the right to modify and correct the Software, unless otherwise provided.

The Software provided as part of the Service is delivered as is, and without warranty of any kind on the part of the Company, in particular as to the suitability of the functionality of said Software to the needs and requirements of the Customer, the non-interruption or absence of errors, the correction of defects, anomalies, etc.

11. DURATION – TERMINATION – TERMINATION OF THE CONTRACT

The General Terms and Conditions are accepted by the Customer and take effect on the day the Customer subscribes to the Services. 

The Terms and Conditions are applicable for the entire period during which MAILREACH performs its Services for the Customer.

As the Services are reserved exclusively for professional use, any regulations on consumer rights or withdrawal are not applicable to the Services.

The Agreement may be terminated at any time by the Customer without notice or compensation.  

To do so, the Customer must choose to disconnect his Customer Email Accounts from the MAILREACH tool from his Customer account interface.  

However, the cancellation is only taken into account for the following month and the service is deemed to be acquired for the entire month. 

Therefore, the Customer will not be able to request the cancellation of the payment for the current month on the grounds of its termination. 

The sums paid to MAILREACH up to the effective date of the termination will therefore be retained.

12. SUSPENSION – TERMINATION – TERM

In the event of non-compliance by the Customer with any of its obligations, unless otherwise provided for in the General Terms and Conditions, MAILREACH reserves the right to suspend the Service until such time as the Customer has fully complied with the said obligations, following a notice period which will be assessed according to the circumstances.

In the event of non-payment by the Customer for its Subscription, MAILREACH will notify the Customer of this request within 21 (TWENTY ONE) days following the observation of the non-payment, giving it an injunction to regularize the payment as soon as possible. 

MAILREACH reserves the right to suspend the Service until full payment has been received. After a period of 21 (TWENTY ONE) additional days, MAILREACH reserves the right to terminate this Agreement.

The deliberate declaration by the Customer of inaccurate or dubious information, the deliberate failure by the Customer to update the information provided to MAILREACH, in particular the Identifying Codes, or the failure by the Customer to respond to MAILREACH’s requests, in particular relating to the accuracy of the information provided by the Customer, will result in the automatic suspension of the Service.

Unless otherwise specified, in the event that the Customer fails to perform its obligations and fails to remedy them, MAILREACH may terminate this contract by e-mail or by instant messaging 21 (TWENTY-One) days after a formal notice has been issued and has not been served.

However, MAILREACH may terminate the Agreement without notice in the event of manifest abuse by the Customer, in the event of unlawful or fraudulent behavior by the Customer or in the event of non-compliance with any of the terms of the Agreement. 

MAILREACH may also terminate the Agreement in the event that the Customer refuses to accept the changes in the pricing conditions of the Plan.

In each of these cases, the contract will be terminated, without prejudice to any damages that may be claimed from the defaulting Party and without the User being able to claim any reimbursement or compensation for the damage suffered by himself or any third party.

Termination at MAILREACH’s initiative will be made under the same financial conditions as those provided for in Article 11.

MAILREACH also reserves the right to sue the Customer judicially or extra-judicially in order to be compensated for the direct and indirect damage suffered by MAILREACH due to the Customer.

13. INTEGRALITY

The provisions of the General Terms and Conditions express the entire agreement concluded between the User and the Customer and MAILREACH. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present Terms and Conditions, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject matter of the Terms and Conditions, except in the case of an amendment duly signed by the representatives of both parties.

14. DIVISIBILITY

If one or more provisions of the General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations of the present General Terms and Conditions shall retain all their force and scope.

If necessary, MAILREACH undertakes to immediately remove and replace the said clause with a legally valid clause.

15. NON-WAIVER

The fact that either party has not required, temporarily or permanently, the application of a provision of the General Terms and Conditions shall not be considered as a waiver of the rights held by that party. 

16. APPLICABLE LAW

The language of these General Terms and Conditions is English but the French version shall prevail over any other version translated into another language. 

The present General Terms and Conditions are governed by French law.

In case of difficulty in the interpretation and/or application of these General Terms and Conditions, the Parties agree to submit to an amicable procedure before any legal action.

In the absence of an amicable settlement, any dispute relating to these Terms and Conditions or to the Contract shall be submitted to the exclusive jurisdiction of the competent courts of Paris (France).