Updated at: Nov 1, 2018
Thanks for using Stripo.
Please read these Terms carefully. By using Stripo or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Stripo (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. Stripo (“Stripo,” “we,” or “us”) is an online email template editor (the “Service”) offered through the URL stripo.email (we’ll refer to it as the “Website”) that allows you to, among other things, create, edit, and manage certain email templates and/or order email templates creation. Stripo is a Delaware company whose legal name is Stripo Inc. Stripo has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).
If you have any questions about our Terms, feel free to contact us.
Eligibility. In order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Stripo may refuse service, close accounts of any users, and change eligibility requirements at any time.
Term. When you sign up for the Service and agree to these Terms, the Agreement between you and Stripo is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Stripo account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your email address and clicking the “Sign Up” button (or creating an account using the social network services, like Facebook) means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service 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.
Closing Your Account. You or Stripo may terminate the Agreement at any time and for any reason by terminating your Stripo 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, and your account is a paid account, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your email templates. Email addresses are unique and can only be used once. If your account has been terminated, the email address will no longer be available for use on any future accounts and cannot be reclaimed.
Account and Password. You’re responsible for keeping your account email address and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Stripo is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
Account Disputes. We don’t know the inner workings of your organization or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through proper channels outside of Stripo.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login capabilities, to protect the security and privacy of the data held within the account.
Pricing Plans. When you sign up for a Pricing Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan and on the same day each year, based on the date that you started the Annual Plan. Billing for Pricing Plans may be paused, and you may choose to close your account permanently at any time.
Our charges for Pricing Plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Payment Date”). If you go over set limit of selected Pricing Plan and reach another pricing level, then you’ll have to pay at the higher level on or before the next Payment Date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. If you use the Service under the Forever Free Plan and you go over the Forever Free Plan limits, or otherwise upgrade your account to a paid plan, you’ll be provided complimentary downgrade to the Forever Free Plan (provided your email templates, projects volume and users numbers drop down to the Forever Free Plan limits again).
Pay as You Go Plans. Stripo doesn’t provide ability to make one time payments. All payments are performed or regular basis depending on selected Pricing Plan, explained on the pricing page of our Website. However, if you want to make one-time payment, you can choose the most suitable Pricing Plan, subscribe into it and after the first payment is received by Stripo simply cancel the subscription in the Billing menu of your account. In this case, you will be able to use the selected Pricing Plan during a paid period. After the period is expired, the Pricing Plan of your account will be downgraded to Forever Free Plan automatically and no new charges should be performed.
Credit Cards. As long as you’re a Member with a paid account or otherwise have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit 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 credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
Refunds. We’ll give you a refund for a prepaid month if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund from us under any other circumstances except you did not use the Service at all after the payment has been performed (did not create email templates, exports and/or sent test emails). We may, at our sole discretion, offer a refund if a Member requests one.
Charges for Plugin. If you use a Plugin that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Plugin is active. Your billing cycle for a Plugin may differ from your billing cycle for your Monthly Plan or other Services, and certain Plugin may require upfront payment for their entire billing cycle.
Billing Changes. We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.
Proprietary Rights Owned by Us. You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
Right to Review Email Templates.
RULES AND ABUSE
General Rules. By agreeing to these Terms, you promise that you won’t send spam! We mean “spam” as it is defined on the Spamhaus website.
Stripo doesn’t allow accounts with the primary purpose of promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you create Email Templates or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:
- A Threat of Physical Harm.This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
- Hateful Content.This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
- a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
- a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
Reporting Abuse. If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Stripo Member, please report it to our team at firstname.lastname@example.org. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at email@example.com as well.
Compliance with Laws. You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
Limitation of Liability. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
No Warranties. To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
Indemnity. You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
Legal Fees and Expenses. If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
Equitable Relief. If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
Subpoena Fees.If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Disclaimers. We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.
Notice to U.S. Government End Users.The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. government end users:
- only as Commercial Items,
- with the same rights as all other end users, and
- according to the Terms.
Assignments. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Choice of Law. The State of Delaware’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Delaware, and each party will be subject to the jurisdiction of those courts.
Force Majeure. We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Survivability. Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
Severability. If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
Interpretation. The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
No Changes in Terms at Request of Member. Because we have so many Members, we can’t change these Terms for any one Member or group.
Further Actions. You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
Notices. Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us at any addresses as we may later post on the Website.
Congratulations! You’ve reached the end.
Thanks for taking the time to learn about Stripo’s policies. 🙂