Standard Terms and Conditions of Use

Thanks for using Email Heatmaps.

Please read these Terms and Conditions carefully and ensure that you understand them. If you have a query about anything in these Terms and Conditions please contact Email Heatmaps to discuss. You can email us [email protected]. By using Email Heatmaps or signing up for an account, you’re agreeing to these Terms and Conditions.

Definitions and Interpretation

In these Terms and Conditions, unless the contact otherwise requires, the following expressions have the following meanings:

“Agreement” means the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services;

“Business Day” means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the United Kingdom;

“Client” means the party procuring the Services from the Service Provider who shall be identified in the Agreement;

“Commencement Date” means the date on which provision of the Services will commence, as defined in the Agreement;

“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);

“Fees” means any and all sums due under the Agreement from the Client to the Service Provider;

“Service” means the service to be provided by the Service Provider to the Client in accordance with the Agreement.

“Term” means the term of the Agreement as defined therein.

“We/Us/Our” Means the Service Provider, namely Email s, trading under Email Marketing Tools Limited.

Information About Us

Our site, https://app.emailheatmaps.com is owned and operated by EMAIL MARKETING TOOLS LIMITED, a company registered in England under 13556506, whose registered address is 153 Mortimer Street, Herne Bay, Kent, England, CT6 5HA.

Provision of the Services

When you sign up for an account and agree to these Terms, the Agreement between you and Email Heatmaps is formed, and the Term will begin. The Term will continue for as long as you have an Email Heatmaps account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

You or we may terminate the Agreement at any time and for any reason by terminating your Email Heatmaps account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, such as for a breach or violation of the Agreement.

Payments

After you place an order on our website you will need to make payment for the goods or services you have ordered. In order to process your payment we use Stripe, a third party payment processor.

Your payment will be processed by Stripe, who collect, use and process your information, including payment information, in accordance with their privacy policies.

You can access their privacy policy via the following link: https://stripe.com/gb/privacy. Please also refer to our Privacy and Cookies Policy.

When you sign up for a Monthly Plan, you agree to monthly recurring billing, starting on the date you sign up. Billing occurs on the same day each month, based on the date that you started your Monthly Plan. Where any payment pursuant to the Agreement is required to be made on a day that is not a Business Day, it may be made on the next following Business Day. If any part of a month is included in the Term, then payment is required for the full month. If you use the Service under the free plan (“Free Plan”) and you want to go over the Free Plan limits, you’ll be required to upgrade your account to, and select and pay for, a Monthly Plan.

If you have a Monthly Plan or otherwise have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorised to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order, we’ll try to contact you by email and may suspend your account until your payment can be processed. We may change our fees at any time by posting a new pricing structure to our Email Heatmaps site.

Rights

We own all proprietary rights in the Service. You shall retain all right, title and interest in and to the material, content, data and information you submit to Email Heatmaps in the course of using the Service or which Email Heatmaps otherwise retrieves or accesses at your direction or with your permission (collectively, your “Content”). Subject to these Terms, you grant us permission to access and use your campaign analytics only. By granting us access to your campaign analytics, your campaign audience data may also be accessible to us; however, at no time will we access, use, distribute or store third party data. Further information can be found in our Privacy and Cookies Policy.

Liability and Indemnity

To the maximum extent permitted by law, you acknowledge and agree that you assume full responsibility for any loss that results from your use of the Service and that we won’t be liable for any damages, under any circumstances.

You agree to indemnify and hold us harmless from any losses and expenses that directly or indirectly result from your Content, use of the service, or third part claims that you or someone using your account did something that, if true, would violate any of these Terms.

Privacy

Your privacy is important to us. Please read our Privacy and Cookies Policy for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you when you use and interact with the Service.

Complaints and Feedback

We always welcome suggestions, comments, input or other feedback (“Feedback”) regarding the Service. We use all reasonable endeavours to ensure that your experience with our Service is a positive one; however, we also want to hear from you if you have any cause for complaint.

If you provide us with any Feedback, then you grant us permission to use, reproduce, publicly display, and distribute the Feedback as we see fit. Any Feedback you choose to provide is given entirely voluntarily and we may use any Feedback you provide to improve the Service or to develop new features and services.