Terms & Conditions

Smudge Email Marketing

User Terms & Conditions

Last Updated: January 30th 2020

This is a legal agreement between you, your company or organisation (‘you’ or ‘the user’) and Thomas Coomer (‘I’ or ‘us’ or ‘we’ or ‘Smudge’ or ‘Smudge Software’) determining the terms and conditions of how you can use the software, application, website or service (’the service’ or ‘our service’ or ‘the site’ or ‘our site’).
By using our service you agree to have read, understood and be bound by the terms of this agreement.
For purposes of this agreement, ‘use’ means to view, access, add data and modify data.

1) You agree to accept all responsibility for activity that occurs in your user account, including the security of your log in details, including your name and email address.
Information you provide must be true, up to date and accurate.
You must update your details if any of your information changes.
You must ensure that only you have access to your account.

2) Our service and content is provided on an ‘as-is’ and ‘as available’ basis. We specifically disclaim all warranties of any kind, including the implied warranties of merchantability, satisfactory quality or fitness for a particular use. We do not guarantee or warrant that the service will be uninterrupted, secure, free of errors or harmful components.
We do not warrant the accuracy and correctness of any information within the service.

3) You agree to indemnify and hold us harmless against any claims, damages, losses, proceedings, expenses or costs (including any direct, indirect or consequential losses, loss of profit and loss of reputation and all interest, penalties and legal costs and other expenses) arising in any manner whatsoever from or as a result of your use of our service including, but not limited to, loss of content, user data and access to the service.

4) You will not hold us responsible for any data or content that we deem to be necessary to remove or for any unexpected loss of any data or content.

5) We reserve the right to monitor user activity to ensure compliance and may suspend or terminate your account access if we deem that our terms have been broken or at our discretion. If requested, you must stop using the service immediately.

6) You accept that we have the authority to suspend or terminate the account of any user that we deem to be in breach of our terms or at our discretion.
Upon termination of your use of this service will mean that you can no longer access the data using the service or sign in to the service itself.

7) The terms of this agreement may be modified or updated at our discretion. We will indicate at the top of this page the date that the terms became effective. Your use of our service constitutes your acceptance of our terms and conditions. We recommend that you regularly review these terms.
In the event of any inconsistency between the terms of this agreement and the terms contained in any communication between us, the terms of this agreement will apply.

8) Our service to you is non-transferable and may not be sub-licensed or resold.

9) You may not use the service or any of the content for any purpose not related to your business with Smudge Software. You are specifically prohibited from:

a. downloading, modifying, editing, copying or re-transmitting any or all of the site.
b. using any data mining, robots or similar data gathering or extraction methods.
c. manipulating or otherwise displaying the site or the content by using framing or similar navigational technology.
d. registering or attempting to register for the service if you are not expressly authorised to do so.
e. reverse engineering, altering or modifying any part of the site or our content.
f. circumventing, disabling or otherwise interfering with security-related features of the site or any system resources, services or networks connected to or accessible through the site.
g. selling, licensing, leasing or in any way commercialising the site or our content without specific written authorisation from us.
h. using the site or our content other than for it’s intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.

10) If any clause of this agreement is found to be invalid or unenforceable, that will not affect the validity of any other clause.


Privacy

Only necessary information will be shared with the third party services listed below, in order to provide our service.
We will not sell, rent or disclose your personal data to any other third parties.

We use third parties for payment and cloud services, advertising, accountancy and legal services.

Payment Service Providers:
Stripe
Apple Pay
Google Pay

Content Service Providers:
Google Cloud
Google Firebase
Amazon Web Services
SendGrid
Twilio

These third parties may handle or transfer your personal information outside of the EEA. Please read their privacy policies for more information.

Our website may contain links to third party sites, please note that they have their own privacy policies. We cannot accept any responsibility or liability for the privacy policies on these websites.

Your personal information will only be kept by us as long as is necessary in order to administer the contract.

We may disclose your data to a third party in the event of any potential or completed reorganisation, merger, sale, joint venture or transfer of all or part of our service.

Our service is not intended for persons under the age of 18 and should not be used by them. We will not knowingly collect information from children without the consent of their parent or guardian.

You have rights relating to your personal information under the General Data Protection Regulation (GDPR) and The Data Protection Act.

You have the right of access to the personal data we hold about you.
If any of your data is incorrect, you have the right to request for it to be updated.
You can request that we erase your data if you deem that our holding of the data is no longer necessary.
You can request that we limit the way we use your data.
You can obtain and reuse your data for your own purpose.
You can object to the processing of your personal data.

When you provide us with your personal information and use our service, you agree to us transferring, handling and storing your data as detailed in this privacy policy.
We reserve the right to retain and use your personal data as needed to comply with our legal obligations, settle disputes and enforce our terms and conditions.