General conditions of use of Mailnjoy services

06/01/2024 version

Preamble

MAILNJOY, SAS registered in the Toulouse Trade and Companies Register under number 882433030 and whose registered office is located at 6B rue de la Gravette, 31830 Plaisance du Touch, France (hereinafter “MAILNJOY“) provides e-mail and/or transactional solutions via its website www.mailnjoy.com (“the Site”).

The purpose of these General Terms of Use is to define the terms of use of MAILNJOY’s Services. They constitute a legal and binding agreement between MAILNJOY and any user of the www.mailnjoy.com platform (“the User”). By subscribing to or using the Site or Services, the User declares that he/she has read and accepted without reservation the current version of these General Terms of Use.

Any special conditions negotiated between MAILNJOY and the User shall prevail over these General Terms of Use.

The terms used in this document are defined as follows:

The “User” refers to any individual or legal entity using MAILNJOY’s Services.

The “Services” provided by MAILNJOY are the functionalities made available to Users via the Site such as, but not limited to, the provision of reports or the optimization of the deliverability of messages sent.

The “processor” is the company that carries out data processing at the request of a data controller. For example, MAILNJOY acts as a processor to make its Services available to Users, who define the purpose and methods of processing. Similarly, MAILNJOY may call upon subcontractors (“subsequent subcontractor”) to carry out data processing on its behalf.

User data” is understood to mean data processed by MAILNJOY on behalf of Users as part of the provision of the subscribed Services.

Personal data” is information relating to an identified or identifiable natural or legal person.

The “Parties” refer to MAILNJOY and the User.

1) Purpose of MAILNJOY Services

MAILNJOY provides e-mail and/or transactional solutions through its e-mail address processing platform, marketed via the Site.

2) User account management

The use of MAILNJOY Services requires the creation of an online account, with the exception of the demonstration unit processing service.

The User is responsible for the sincerity of the information he provides and undertakes to update the information concerning him or to notify MAILNJOY without delay of any change affecting his situation.

The User shall take all necessary steps to maintain the confidentiality of access to his/her account.

In the event of fraudulent use of his account, the User undertakes to notify MAILNJOY immediately and to change his access password without delay.

Any costs arising from such unauthorized use shall be borne by the User until such time as the User has notified MAILNJOY of such use.

MAILNJOY shall in no event be liable for any material or immaterial damages resulting from use of the account by a third party, with or without the User’s authorization.

MAILNJOY protects the integrity, confidentiality and administrative, material and technical security of the User’s personal information.

3) Financial conditions

Subscription to MAILNJOY Services implies the User’s commitment to pay the price corresponding to the Services selected and to his/her country of residence.

Unless otherwise stipulated, the prices of the Services subscribed to are paid at the time of subscription and in Euros or US Dollars.

Prices shown by default on the Site include French VAT at the time of invoicing. Once logged into their customer account, customers are shown prices that take into account the VAT rate applicable to their country of invoicing.

Additional charges may be applied to the invoice depending on the User’s country of residence and applicable legal and regulatory provisions.

3.1 Refund policy: exercising the right of withdrawal

When using credits for the first time following a purchase, the User expressly waives his/her 14-day right of withdrawal.

In the absence of consumption, the User may exercise his right of withdrawal within 14 calendar days of his purchase. To exercise this right, the User must notify MAILNJOY of his/her decision to withdraw by means of an unambiguous declaration by e-mail to support@mailnjoy.com.

For the withdrawal period to be respected, it is sufficient for the User to transmit his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period of 14 calendar days. Reimbursement will be made within 14 days of the date on which the User informed MAILNJOY of his/her decision. This refund will be made to the same means of payment used for the initial transaction.

4) Use of Services

4.1 Compliance with applicable regulations

Each Party declares that it complies with the regulations applicable to its activity.

In general, the User guarantees that the information sent via MAILNJOY Services does not contravene any legal or regulatory provision or any provision resulting from an international agreement applicable to it, and in particular the provisions in force in France, in the State in which the User carries out its activity and in the State in which the persons appearing in the distribution lists reside, or the rights of third parties.

4.1.1 User’s intellectual property rights

The User authorizes MAILNJOY to use the User’s name, trademark and visual identity for the sole purpose of providing the Services.

The User warrants to MAILNJOY:

  • that he/she has full power and authority to exploit and grant the intellectual and industrial property rights, and that these rights are in no way assigned, mortgaged, encumbered or in any way devolved in favor of a third party;
  • that it has not done and will not do, by assignment to a third party or by any other means, any act likely to compromise the use of the intellectual and industrial property rights;
  • that it has not and will not introduce into its campaigns any sequence, reproduction or reminiscence likely to infringe the rights of third parties;
  • that no litigation or lawsuit is pending or about to be filed involving intellectual property rights.

In addition, the User undertakes to indemnify MAILNJOY against any claim by a third party as well as against any sentence that may be pronounced against him/her as a result of non-compliance with the present article.

4.1.2 MAILNJOY’s intellectual and industrial property rights

All programs, services, processes, designs, software, technologies, trademarks and trade names, inventions appearing on the Site, accessible via the Site or via the MAILNJOY Services are the property of MAILNJOY or its licensors.

The User undertakes not to use, in any way whatsoever, the Site, the Services or any of the above-mentioned elements for purposes other than those provided for herein.

4.2 Protection of third parties’ personal data

For the purposes of providing the Services, MAILNJOY has access to the information contained in the lists of e-mail addresses created by Users in their personal accounts. This information contains personal data concerning third parties.

4.2.1 User responsibility for personal data

As the creator of the list of e-mail addresses, the User is responsible for processing the personal data contained in this list in accordance with applicable regulations. In this respect, if the User is established in the European Union, or if its distribution list contains personal data of citizens who are members of the European Union, the User guarantees MAILNJOY that it complies with the provisions of Regulation No. 2016/679 of April 27, 2016 (the “RGPD”) as well as those of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, and in particular:

  • that the personal data contained in the file transmitted has been collected and processed in compliance with the applicable regulations;
  • that the User has informed the persons concerned in accordance with regulations;
  • where applicable, that the collection and processing have been subject to the explicit and informed consent of the persons concerned;
  • that it enables the persons concerned to exercise their rights in accordance with the regulations;
  • that it undertakes to rectify, complete, clarify, update or delete any information that is inaccurate, incomplete, ambiguous or out of date, or when the owner wishes to prohibit its collection, use, communication or storage.

It is specified that the User is solely responsible for managing the retention periods of the personal data he uploads to the MAILNJOY platform, and that it is his responsibility to delete the data as and when their retention period expires. MAILNJOY’s sole responsibility is to delete this data at the end of its contractual relationship with the User or at the end of a maximum period defined by MAILNJOY (one year).

Furthermore, the User undertakes not to include in the distribution lists communicated on the MAILNJOY platform any so-called “sensitive” personal data within the meaning of Article 9 of the RGPD, and in particular no health data, but also no data relating to criminal convictions and offences, social security numbers, or credit card numbers. MAILNJOY cannot under any circumstances be held responsible for the presence of such personal data on its platform and for any consequences that may arise. In the event of a breach of this clause, the User shall be solely responsible for any consequences, and undertakes to guarantee and, where applicable, indemnify MAILNJOY.

4.2.2 Protection of the User’s personal data

MAILNJOY has taken all necessary precautions to protect the security of personal data and, in particular, to prevent it from being distorted or damaged or accessed by unauthorized third parties.

These measures include the following:

  • Multi-level firewalls,
  • Proven anti-virus protection,
  • Detection of intrusion attempts,
  • Encrypted data transmission using SSL/https/VPN technology.
  • ISO 27001 data centers

In addition, access to processing by MAILNJOY Services requires authentication of the persons accessing the data, by means of an individual access code and password.

4.2.3 Conditions of the subcontracting relationship

MAILNJOY acts as the User’s subcontractor, and undertakes to comply with the obligations described in the Appendix “Agreement on the processing of personal data”.

In this context, it is specified that:

  • The User may at any time (before the maximum retention period and provided he has not previously deleted them) retrieve his lists of email addresses by clicking on the “export” button from his personal MAILNJOY account.
  • Personal data contained in e-mail address lists may only be disclosed to third parties at the request of legally competent authorities, upon judicial requisition, or as part of a legal dispute.
4.2.4 Use of data by MAILNJOY

The User is hereby informed that MAILNJOY reserves the right to carry out any processing enabling it to pursue its legitimate interests, in particular risk management and optimization of the Services.

4.3 Prohibited uses

Use of MAILNJOY Services resulting from subscription to said Services is strictly personal and may not be rented, transferred free of charge or in return for payment to a third party. In the absence of prior authorization, use of MAILNJOY is limited to a single account per User.

Any use of the Services likely to damage, disable or overload MAILNJOY’s infrastructure or the networks connected to MAILNJOY’s servers, or to hinder the enjoyment of the Services by other Users, or the supply of incoming data whose values are abnormally deviant from the standards usually observed, is prohibited.

Any attempt to gain unauthorized access to the Services, other accounts, computer systems or other networks connected to a MAILNJOY server or to one of the Services via hacking or any other method is prohibited.

The use of the Services for the purpose of selling products or services related to illegal or fraudulent activities or encouraging such activities, including but not limited to activities related to illegal drugs, pirate programs, instructions for assembling or creating bombs, grenades or other weapons, materials containing violence against children or encouraging violence, is prohibited.
Any use of the Services in contravention of applicable telemarketing, e-mail marketing, anti-spam, anti-phishing or personal data protection regulations is prohibited.

Any use of the Services in violation of the rights of third parties is prohibited.

In the event of non-compliance with this article, MAILNJOY reserves the right to immediately block the User’s access to its Services and to delete all information from the User’s account without prior notice and without reimbursement or any other form of compensation.

MAILNJOY reserves the right to refuse or limit service to accounts that do not comply with its General Terms of Use, laws regulating communications companies or distribute unwanted communications.

5) Responsibilities and warranties

5.1 MAILNJOY’s responsibilities and guarantees

Except in the case of force majeure, MAILNJOY guarantees the User the proper performance of its service in compliance with these General Terms and Conditions of Use.

Any compensation owed by MAILNJOY, to the User or to a third party, due to the liability of MAILNJOY, its subsidiaries or its partners, in respect of the performance of the present Terms of Use, shall not exceed the price paid by the User in return for the Service(s) at the origin of said liability.

Under no circumstances does MAILNJOY guarantee to the User the economic, image or information benefits expected by the latter as a result of sending emails under the terms of the present contract.

5.2 Responsibilities and guarantees of the User

The User may be held liable for failure to comply with these General Terms of Use, MAILNJOY’s privacy and anti-spam policies, or with any legal or regulatory provisions or provisions resulting from an applicable international convention.

The User shall hold MAILNJOY harmless from any and all claims, damages, and third-party remedies resulting from any breach by the User of these General Terms of Use, MAILNJOY’s privacy and anti-spam policies, or any applicable legal, regulatory or international treaty provision.

6) Modification of terms of use, MAILNJOY policies and offer

MAILNJOY may modify the present Terms of Use, its anti-spam and confidentiality policies, as well as its offer.

The User will be informed of such modifications directly on his account and invited to accept them in order to continue using the Services.

MAILNJOY’s General Terms and Conditions of Use, anti-spam and confidentiality policies, as well as MAILNJOY’s offer, can be consulted at any time on the Site.

7) Duration – Termination

The present General Terms of Use are in force for an indefinite period.

The User may terminate his/her MAILNJOY account at any time directly from the Site (if the function is available) or by contacting support (contact@mailnjoy.com).

In the event of termination by the User, the sums paid in return for one of the MAILNJOY Services remain due to MAILNJOY, even if the User has not exhausted the quotas of the treatments acquired.

In the event of non-compliance by the User with these General Terms and Conditions of Use, MAILNJOY’s privacy policies or any legal or regulatory provisions or provisions resulting from an applicable international agreement, MAILNJOY reserves the right to terminate the User’s account subject to 15 days’ notice.

Termination will be effected without notice in the event of non-compliance with the ‘Use of Services’ article herein.

8) Force majeure

The parties may not be held liable if the non-performance or delay in performance of any of the obligations described in these General Terms and Conditions of Use is due to force majeure.

Force majeure is defined as any external, irresistible and unforeseeable event, as interpreted by the jurisprudence of the French courts, preventing one of the parties from fulfilling its obligations or making the fulfilment thereof excessively onerous.

It is expressly agreed that, in addition to the cases generally accepted by the jurisprudence of the French courts, and without this list being limitative, the following will be considered as cases of force majeure:

  • wars, armed conflicts, riots, insurrections, sabotage, acts of terrorism,
  • total or partial strikes, internal or external to the company, at a supplier or national operator, lock-outs, blockages of means of transport or supply for any reason whatsoever,
  • natural disasters leading to the destruction of infrastructure, such as fires, storms, floods, water damage,
  • governmental or legal restrictions, legal or regulatory changes to forms of marketing, suspension, cancellation or revocation of any authorization by any competent authority,
  • impacts linked directly or indirectly to large-scale epidemics or pandemics
  • interruptions to the network of MAILNJOY, its subcontractor or its supplier, as a result of computer breakdowns, blocking of telecommunications, whether due to external attacks, interruptions to the services of the access provider or others, and any other event not attributable to MAILNJOY, its subcontractor or its supplier, preventing the normal execution of services,
  • power cuts lasting more than 48 hours.

Each party shall notify the other party by any means at its disposal of the occurrence of any case of force majeure.

9) Protection of the User’s personal data

Information, including personal data, collected by MAILNJOY as part of its commercial relationship with the User is subject to computer processing detailed in MAILNJOY’s “Privacy Policy – Protection of personal data”.

10) Partial nullity of the GCU

The invalidity of any one of the clauses of the General Terms and Conditions of Use shall not invalidate them as a whole, provided that the balance and general economy of the agreement can be preserved.

11) Applicable law – Jurisdiction

The General Terms of Use are governed solely by French law.

Any dispute between the Parties arising from the validity, interpretation and/or performance, termination or breach of the General Terms and Conditions of Use shall be submitted by the most diligent Party to the Commercial Court of Toulouse, including in the event of summary proceedings, third-party proceedings and/or multiple defendants.