Effective August 1, 2021
These Terms govern Your use of the spamcheetah.com web site (the “Site”), the SpamCheetah email security gateway product and/or the SpamCheetah product (collectively, the “Product”).
By using the Product, You are acknowledging that You have read and have agreed to these Terms, so please read them carefully. We may need to update these Terms from time to time. Unless otherwise required by law, we will notify you before we make such changes and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Site. If you do not agree to our updated Terms, you can delete your account at any time.
You acknowledge and agree that Gayatri Hitech may send You e-mails related to your account and/or the Product. Shocking, we know. You agree that Gayatri Hitech can use your company name or logo in its advertising unless and until you tell us in writing not to.
You must be a registered User to access the Product. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data — You wouldn’t want anyone doing that to You, right?
In addition to the content guidelines above, there are a few other things we expect from our customers once you start using SpamCheetah, regardless of your industry:
It is your responsibility to monitor and maintain unsubscribe requests for Your list that are outside of the functionalities of the Product. Emails sent unsolicited will receive abuse complaints that will be reflected on Your account. It is Your responsibility to maintain abuse results lower than the industry standard.
We reserve the right to terminate your account for, among any other reason in our sole discretion, violation of the provisions of this section.
You must comply with all applicable law and regulations in Your use of the Product, including but by no means limited to complying with the CAN-SPAM federal regulations. This includes, but is not limited to, Your obligation to provide an unsubscribe link on Your emails.
To the extent EU data protection laws apply to our processing of your, your customers, or your end users data, you instruct us to disclose personal data as necessary to:
If you are not satisfied with the product, Gayatri Hitech will issue a refund for your first purchase within 10 days of that purchase. Subsequent purchases are not eligible for refunds.
At the end of each billing period the plan contract will automatically renew indefinitely until explicitly cancelled by the user. Cancellation must be issued via the Product.
Cancellation must be issued via the Product. Any cancellation issued must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
Eligible refunds will be issued to the credit card that was used to make the credit purchase, according to the refund policy described in the “Fees” section.
Gayatri Hitech will not issue cash refunds under any circumstances. If You have a question about charges made to Your account, please contact Gayatri Hitech immediately. If the charges were made in error, Gayatri Hitech will credit your account for the appropriate amount. Gayatri Hitech has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Product.
You agree to indemnify, defend and hold harmless Gayatri Hitech from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Product and/or any breach of these Terms by You.
You further agree to defend, indemnify and hold harmless Gayatri Hitech from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Product infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
Gayatri Hitech claims no intellectual property rights over the data You provide to the Product.
You acknowledge and agree that Gayatri Hitech owns all right, title and interest in and to the Product, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Product or create derivative works from the Product.
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party.
Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Product must be filed within one (1) year after such claim or cause of action accrued or be forever barred.