Introduction: This agreement governs the use of the Email Marketing Software Service (hereinafter referred to as the “Service”) provided by Affisend. By using the Service, you agree to these terms and conditions.

Service Description: The Service enables you to send marketing emails to your customers and subscribers. The Service may also include additional features such as email list management, reporting and analytics, and custom branding.

Eligibility: To use the Service, you must be at least 18 years of age and have the legal capacity to enter into this agreement. You must also provide accurate and complete information when registering for the Service.

Account Management: You are responsible for maintaining the confidentiality of your account information, including passwords and payment information. You are also responsible for all activities that occur under your account.

Usage Restrictions: You may not use the Service for any illegal or unauthorized purposes. You may not use the Service to send unsolicited commercial emails or spam, or to send emails that violate the laws of Nigeria or the recipient’s country of residence.

Payment: You will be charged a fee for the use of the Service, which may include a monthly subscription fee and a fee for each email sent through the Service. The fee structure and payment terms will be specified when you sign up for the Service.

Termination: Either party may terminate this agreement at any time by providing written notice to the other party. Upon termination, your right to use the Service will immediately cease, and you will be responsible for paying any outstanding fees.

Warranty Disclaimer: The Service is provided “as is” and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free.

Limitation of Liability: The Company will not be liable for any damages arising from the use of the Service, including but not limited to direct, indirect, incidental, and consequential damages.

Changes to Terms: The Company may modify these terms at any time by posting a revised version on its website. Your continued use of the Service following the posting of any changes to these terms constitutes your acceptance of the modified terms.

Confidentiality: You acknowledge that the Service, including but not limited to the software, algorithms, data, and other proprietary information, constitutes confidential information of the Company. You agree not to disclose or use any such confidential information for any purpose other than using the Service as permitted under this agreement.

Intellectual Property: The Service and all intellectual property rights related to the Service, including but not limited to trademarks, patents, copyrights, and trade secrets, are the sole property of the Company. You do not have any right, title, or interest in or to the Service, except as expressly granted under this agreement.

Data Ownership: You retain all rights, title, and interest in and to the data that you upload to the Service, including but not limited to email addresses and subscriber information. The Company does not claim any ownership interest in such data. However, you grant the Company a non-exclusive, transferable, sub-licensable, royalty-free license to use, copy, modify, and distribute such data for the purpose of providing the Service to you.

Email Content: You are solely responsible for the content of the emails that you send through the Service, including but not limited to the text, images, links, and other material contained in such emails. You agree to comply with all applicable laws and regulations in connection with your use of the Service, including but not limited to the laws of Nigeria and the recipient’s country of residence.

Indemnification: You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses, including but not limited to reasonable attorneys’ fees, arising from or in connection with your use of the Service, your violation of these terms, or your violation of any third-party rights.

Assignment: You may not assign or transfer your rights or obligations under this agreement without the prior written consent of the Company. The Company may assign its rights and obligations under this agreement without your consent.

Force Majeure: The Company will not be liable for any delay or failure to perform its obligations under this agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, civil unrest, government restrictions, and power or communications failures.

Severability: If any provision of this agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.

Waiver: The failure of either party to enforce any right or provision of this agreement will not be deemed a waiver of such right or provision.

Relationship of the Parties: The parties are independent contractors and nothing in this agreement will create any partnership, joint venture, agency, or employment relationship.

Survival: The provisions of this agreement that by their nature should survive termination or expiration will survive, including but not limited to the provisions related to intellectual property, data ownership, confidentiality, indemnification, and limitation of liability.

Modification of Terms: The Company reserves the right to modify these terms at any time by posting the revised terms on its website and providing notice to you. Your continued use of the Service after such notice constitutes your acceptance of the modified terms.

Notice: Any notice required or permitted under this agreement will be in writing and delivered by email or by registered mail.

Entire Agreement: These terms, together with any applicable order forms, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings, whether written or oral, relating to the Service.

Governing Law: This agreement will be governed by and construed in accordance with the laws of Nigeria, without giving effect to any principles of conflicts of law.

Dispute Resolution: Any dispute arising out of or relating to this agreement will be resolved through binding arbitration in accordance with the rules of the Nigerian Arbitration Association. The arbitration will be conducted in Lagos, Nigeria.

Limitation of Time to File Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or this agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.