Terms and Conditions

The present document “The Elmngm Service Terms of Service” (hereinafter referred to as the “Terms”) consists of the terms and conditions that govern the relationship between elmngm Inc. (hereinafter referred to as “elmngm service”, “elmngm”, “the service”) and service demander (hereinafter referred to as “customer”, “user”, “you”, “friend”).

Basic Instructions

Elmngm Corporation provides the User with Elmngm Service Services in accordance with the terms and conditions set forth in this document.

Use of the Elmngm Service is subject to this Terms of Service Privacy Policy. The Elmngm Terms of Service can be modified or supplemented by the administration without notifying users, and changes are effective from the moment the document is published on the company’s official website.

By accessing or using the Service in any way, you agree to and accept all of these Terms (in your name or the entity you represent), and these Terms will remain in effect at all times during your use of the Service or any data obtained. through the service. By accessing or using the Service in any way, you represent and warrant that you have the right, authority, and ability to enter into these Terms (in your name or on behalf of the entity you represent). You represent and warrant that you are of legal age to form a binding contract (or if not, you have obtained your parent or guardian’s permission to use the Service and your parent or guardian to agree to these Terms on your behalf). If you agree to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to accept and bind these Terms on behalf of that organization or entity to these Terms (in this case the references to “you” and “yours” in these Terms, except in this act, or entity). If you do not agree to any of the terms, the administration may refuse your use of elmngm.

1.1 Providing services

elmngm provides the user with access to special services, including email, SMS, Viber, Web Push, chatbot campaigns for Facebook, Telegram, WhatsApp, SMTP service, email verification service, elmngm landing page service for creating websites / landings A CRM system for managing sales and communication channels.

The user has access to the following actions and documents:

  • Register an account for the selected service with the option to change the billing plan or delete the account if necessary.
  • The right to technical support.
  • Access to educational materials (elmngm online marketing academy).
  • Possibility to request additional services for an additional fee.
  • Ensure that the User’s personal information, as well as information regarding mailing lists uploaded to the Customer’s account, will remain confidential.
  • Access to site-related monetization features via online push notifications.

1.2 Registration of the User

During registration, the User fills in the mandatory fields with personal information (name, email address, phone number) and indicates the password that the User will subsequently use to enter his account. The user is not allowed to give his username and password to a third party. The user is fully responsible for the security of his username and password.

All personal information is subject to elmngm’s Terms of Service and Privacy Policy and may be used by service personnel to contact the user in accordance with the privacy policy.

The user is obligated to provide valid information during the registration process: customers who provide illegal contact information will be prevented from using the service. Service employees have the right to ask the customer to confirm his personal data in order to determine its validity.

interest! It is strictly forbidden to register multiple accounts for free. It is enough to have one free account to evaluate the features of the service.

1.3 Payment for Services

After completing the registration process, each Elmngm Service customer becomes a user of the free software provided by the Service. You can remain a user of the free software if you agree to the terms and conditions and the limited number of emails that can be sent. Moving to a paid plan or renewing your account means that you are satisfied with the quality of service.

The service provides a set of billing programs. The user has the right and the ability to change his billing plan to another more suitable plan at any time. All actions to change the billing plan (or pay for the plan) are performed by the customer in his account.

Any additional invoice or service plan will be reimbursed as a 100% prepayment. Payment procedures are as follows:

  • The user places his order on the official website of elmngm company or in his account on the service (dashboard).
  • The Service Administration will send the user an account for payment. In the event that the user does not pay the bill within the specified period, it can be canceled.
  • Payment must be made only by one of the means specified by the elmngm service (WebMoney, Yandex.Money, QIWI, PayPal, credit card, invoice for legal entities, bank transfer for natural persons or Privat24).
  • After payment, the funds will appear in the user’s account within 30 minutes (for electronic payments) or within 3 working days in the case of an invoice for legal entities or a bank transfer to natural persons. “If payment is made for additional services, these will also be available to the user.
  • Within 30 (thirty) days from the date of payment for the Service, you have the right to request elmngm for a refund of any remaining funds not spent on the Service within the specified period. When you place such an order, you must provide a valid reason for the refund. When processing refund requests, the elmngm service monitors the return policy.

If you pay for a monthly subscription, the automatic renewal of the subscription will be activated. The user can disable it himself in his personal account.

Your monthly paid SMTP subscription via bank card or PayPal can be automatically upgraded when you exceed your program’s email limit. Upgrading this software ensures a steady flow of your emails and transactions.

2. User account

2.1. Creating an account

After performing the registration process (section 1.2), an automatic user account is created. From this moment on, all operations related to emails, invoices and payment plans will be carried out through the account.

2.2. Personal Account Details

When registering, the User provides a personal email address that will be used as a personal username and password to access the Service. This information is strictly confidential and stored in an encrypted manner and will not be passed on to third parties.

In addition, the Service requires the User to fill out an expanded form with personal data that the Customer can use when dealing with emails (“interchange variants”). The data provided in filling out this form is also subject to the Privacy Policy.

2.3 Account management

Sending emails, viewing statistics, changing billing plan, checking email addresses, creating campaign templates – all these actions are performed by the user in his account. The user also uploads the addresses and phone numbers of campaign recipients to his account to create address books All addresses The emails and phone numbers uploaded are the property of the user and constitute confidential information protected by the elmngm privacy policy.

The service administration has the right to monitor the activity of the user and if the user is suspected of sending spam, temporarily block the account. All administration actions are subject to the Anti-Spam Policy, which the User agrees to during account registration.

2.4 Account Deletion The

user has the right to request deletion of his account at any time. All funds remaining in the account will not be refunded unless there are special reasons for the refund. When making its decision, the elmngm service conducts accordingly its anti-spam policy.

The company will not refund users who have been banned for violating anti-spam policies.

3. elmngm marketing campaigns

is a service for email, SMS, Viber, Web Push, chatbot campaigns for Facebook, Telegram, WhatsApp, SMTP service, email verification service as well as elmngm landing page service for creating websites/landing, CRM system for managing sales operations and communication channels. The user accesses the service through his customer account (dashboard).

3.1 Creating Marketing

Campaigns Campaigns include scheduled notifications, mailing lists, phone numbers and the process of sending campaigns to subscribers. The user creates a template for this communication himself by choosing the options provided by the service, uploading images and writing texts.

The user bears full responsibility for the context of postal correspondence, which, in turn, must comply with the rules stipulated in the anti-spam policy of the service. Otherwise, the Service has the right to suspend the User’s account until the circumstances are clarified.

3.2 Mailing Lists

The user of the elmngm service is entitled to send messages only to those persons who have expressed their consent to receive messages from him. The user must obtain the recipients’ consent in person. At the request of the Service Administration, the User shall provide appropriate evidence of the recipients’ consent.

Before sending campaigns by e-mail, the user may use the elmngm verification service (hereinafter referred to as the “email verification tool”) to check mailing lists and find and filter invalid and non-existent e-mail addresses. This service is for informational purposes only, and elmngm is not responsible or guaranteed. The accuracy of the information obtained as a result of the email verification.

Email verification increases the likelihood of moderate moderation when sending campaigns by email, but does not guarantee this because the sender must also meet other requirements of an anti-spam policy.

The service does not allow messages to be sent to email addresses received after checking an “invalid” status.

The User will give subscribers the option to opt out of any further communication (by having an unsubscribe link by email) and will be asked to enter the canceled list or remove from the list the contact details that the owners have expressed their wish to cancel their consent to the emails.

The use of illegally obtained subscription rules and the distribution of spam through the elmngm service is strictly prohibited.

3.3 Submitting Marketing Campaigns

It is planned to send an email, SMS, Viber, Web Push or Chatbot campaign for Facebook, Telegram and WhatsApp through the Service. Each campaign is queued for submission and goes through a management process.

The facilitator consists of checking emails sent by service personnel to ensure that the subscription rule is genuine (if it is suspected that recipients have not agreed to receive mail) and that the content of the emails complies with all anti-spam policy rules and regulations.

It will take a maximum of 24 hours to manage and send emails.

In the event that an e-mail does not pass the Service Administration, it will be forwarded to the User and actions will be taken to eliminate the reasons for the delay in sending, or the User’s account will be blocked until conditions are in place. explained.

Each email will contain an unsubscribe link, which means a way for subscribers to opt out of receiving additional messages. The link cannot be removed or hidden. If the user does not enter an unsubscribe link from the e-mail, the Service will automatically add its standard link to the e-mail, and the user’s actions will be interpreted as inconsistent with the Terms of Service.

3.4. Delivering Marketing Campaigns

The time that campaigns are delivered to their recipients varies depending on a number of factors and circumstances. elmngm will not be responsible for campaigns that have not been delivered to the recipients, as well as for delays in delivery.

Messages may not be delivered or delayed for the following reasons:

  • The subscriber’s mobile phone is switched off or outside the cellular operator’s
  • area
  • coveragespam (based on the server’s anti-spam policy and its understanding of the word “spam”).
  • The subscriber’s inbox is full or the recipient’s email server is experiencing technical difficulties
  • The recipient’s mail server is rejecting the email due to blocked links in the email (i.e., blacklisted or inactive URLs)
  • Email may not be sent due to adverse natural conditions or other force majeure circumstances that may adversely affect the operation of elmngm hardware and software. These terms or conditions include, but are not limited to, natural disasters, changes in law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, volcanic activity, and weather Unusual. . Terms and Conditions for Hackers or Third Party Internet Service Providers.

3.5 Online Push Messages

elmngm provides the basic functionality of free online push alerts if your database is less than 10,000 subscribers.

From now on, if you do not use the Internet promotion service for a long time, we may delete the post on your site and subscribers. This can happen if there have been no new subscribers and no ads for the past six months.

4. Additional Services

The set of Additional Services includes services that are not provided by the basic functionality of the Service.

Additional Elmngm services include:

  • designer services to create a branded layout for emails;
  • Learning skills at Internet Marketing Academy elmngm;
  • email address verification;
  • Create and publish websites/landing pages;
  • Manage sales operations and communication channels with the help of CRM system.

All additional services are paid in addition to the cost of running the pricing software (except for the free software). These services are subject to additional terms listed on the company’s official website (the terms of use for the various services), or in the documentation for additional services that users can find in their elmngm account.

5. Duties of Elmngm

Users The User is required to:

  • Ensure the confidentiality of his/her username and password to access his/her account in the Service, and do not allow third parties to use his/her account
  • Provide valid personal data for the Service
  • Be responsible for the correctness of all information that he/she uploads to His/her account on the Service
  • Do not use an illegally purchased or obtained subscription base for emails
  • Do not use the online service platform to send spam
  • Generate emails in accordance with elmngm’s Anti-Spam Policy and Terms of Service. In the event of a violation by the User of the Terms of Service or other requirements of the Service, the Administration has the right to suspend or completely delete the User’s account until the problem is resolved.
  • To provide recipients with the ability to revoke their consent to e-mail messages at any time
  • Avoid obscene and obscene speech when communicating with service workers The

user has the right not to agree to the Terms of Use of the Service. In this case, the user will be prevented from using elmngm again.

You represent and warrant that you own or have permission to use all materials in your email messages. You retain ownership of the materials you upload to the Service.

We may use or disclose your information only as described in these Terms and our Privacy Policy.

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our Services are appropriate for your use in light of any regulations. You may not use our Service for any unlawful or discriminatory activity.

You represent and warrant that when creating your mailing lists, submitting campaigns through any communication channel of the Service, and collecting information as a result of sending campaigns, you:

  • will clearly describe in writing how you plan to use any information collected, including your use of the Service; You will receive express consent to transfer data to elmngm as part of this process, otherwise you will be bound by any privacy policy you have posted.
  • Comply and comply with all regulations, as well as laws protecting information, electronic communications and privacy applicable in the countries to which you send any form of communication through the Service.
  • Collect, store, use and transfer all data relating to each person in compliance with all information protection laws and regulations. You have the necessary permission to allow us to receive and process data and to send communications to that person on your behalf.
  • language consent and indemnify us from any loss, including attorneys’ fees, arising from a breach of any part of these responsibilities.

6.

Dream Commitments elmngm is committed to the following:

  • Grant the User, in accordance with the Terms of Service, access to the online platform immediately upon registration of the User with the Service
  • Provide the User with the necessary functionality to create and send email, SMS, Viber, Web Push and Chatbot campaigns on Facebook and Telegram and WhatsApp.
  • Ensure continuous access to the online platform using the user name and password chosen by the user
  • Provide the user with access to monetization features on the site through online push notifications
  • Provide the option to test the service before paying for services
  • Offer a range of billing plans without restricting the user From choosing a billing plan
  • Informing users of changes to billing plans

The management reserves the right to make changes to the interface and functionality of the Elmngm Online Platform and billing plans, and will notify the user by e-mail.

The administration reserves the right to unilaterally change the elmngm terms of service without prior notice to the user. The updated terms of service for the elmngm service are effective from the moment they are posted on the company’s official website.

7. Restrictions

The Elmngm administration has the right to ban (or restrict) the User from any action that conflicts with the Terms of Service of the Service. Such actions may include all of the following, as well as actions that, in the opinion of Service Workers, violate the Elmngm Service Terms of Service.

  • The User is prohibited from uploading to his account and using any lists of email addresses or phone numbers obtained or obtained illegally (including through the use of special programs to search for contact information).
  • The user is not allowed to send push messages via the API if the domain of the shared link is different from the sender.
  • The user is not allowed to perform fraudulent click, using any means of generating inorganic clicks, on their site ads when using elmngm ad monetization service.
  • User may not store, process or distribute any information through elmngm that would violate the anti-spam policy of the Service or that would otherwise violate the laws of the United States or the laws of the receiving country.
  • The Service Administration prohibits and will punish any attempt by the User to collect information from the Service or the Company’s official website.
  • The User is prohibited from copying, using or accessing any part of the Service for commercial purposes.
  • The User is not entitled to provide a third party with certificates of access to his account, and not to register on behalf of another person without his knowledge and consent.
  • The User shall not use any means, including fraudulent or illegal means, to attempt to obtain the personal information of other Elmngm customers.
  • User is prohibited from sending emails to any recipient who has not given their consent to receive such emails. The user is also prohibited from providing any information that infringes the rights and freedoms of a person.

Disclaimer

The Service Administration is not responsible for user actions that are taken as a result of a misunderstanding or misunderstanding of the Elmngm Service Terms of Service.