Product Specific Terms

4.1 Email Service. This Section 4 applies to the Email Services as a standalone service or as an integrated or associated part of other products provided by us or our Affiliates. “Email Services” means each of the following, either collectively or individually, MessageBird Email Starter, MessageBird Email Premier, MessageBird Email Premium, MessageBird Email Enterprise, Signals, Deliverability Analytics and Recipient Validation. As the context so requires, references to these named Services shall, in respect of equivalent services provided by us or our Affiliates to you prior to the date of this Agreement (irrespective of how any of these services are named on an applicable Order Form), be deemed to include a reference to the equivalent predecessor named service provided by us.

4.2 Messaging Policy. Customer’s access to and use of our Email Services is subject to the following requirements. We may, in our sole discretion, take any action we deem appropriate regarding Customer’s access to the Email Services, including immediate suspension or termination of Customer’s account without notice: 

1. Email Sending Guidelines.
   
   a. Use only permission-based marketing email lists (i.e., lists in which each recipient has granted permission to receive email from Customer by affirmatively opting-in).
   
   

   b. Always include a working “unsubscribe” mechanism in each marketing email that allows the recipient to opt out from Customer marketing mailing list (transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
   
   

   c. Comply with all requests from recipients to be removed from Customer mailing list within ten (10) days of receipt of the request or the appropriate deadline under applicable law.
   
   

   d. Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements and include in each email a link to the privacy policy applicable to that email if required by applicable law.
   
   

   e. Include a valid physical mailing address applicable to the email or a link to that information.
   
   f. Do not disguise the origin, or subject matter of, any email or falsify or manipulate the originating message address, subject line, header, or transmission path information for any email.
   
   

   g. Do not send to: (a) email addresses obtained from purchased or rented email lists; (b) email addresses programmatically generated or scraped from the Internet; or (c) role-based or non-specific addresses (e.g., webmaster@domain.com or info@domain.com) on a routine basis.
   
   h. Do not send emails that result in an unacceptable number of spam or similar complaints (even if the email themselves are not actually spam) or employ sending practices that negatively impact the Email Service or other customers of the Email Service.
   
   i. Do not use the Email Services to send unsolicited bulk email or otherwise considered junk email.  Some examples of such emails include affiliate marketing, lead generation, penny stocks, credit repair, illegal gambling, multi-level marketing, pyramid schemes, prostitution, direct to consumer pharmaceutical sales, payday loans, and chain letters.
   
   

2. Restricted Content.  Customer will not submit to the Email Services or use the Email Services to collect, store, or process: (a) social security numbers, passport numbers, military numbers, voter numbers, driver’s license numbers, taxpayer numbers, or other government identification numbers; (b) Protected Health Information (as defined by HIPAA), or similar information under other comparable laws or regulations; (c) financial account numbers (including credit or debit card numbers, primary account numbers, bank account numbers, related security codes or passwords, or similar information; or (d) “special classes of data” (as defined by GDPR) of EU residents, or similar information under other comparable laws or regulations.
   
   

3. Anti-harassment.  Customer will not use the Email Services to: (a) store, distribute or transmit any malware or other material that Customer know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or (b) promote, commit, aid, or abet any behavior, which Customer knows, or has reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive.  Some examples of the foregoing may include emails that promote racism, homophobia, or other hate speech.
   
   

4. Compliance with Law.  Customer’s use of the Email Services must comply with all applicable laws, rules, regulations, ordinances, and court orders of any kind of any jurisdiction applicable to Customer, us, and to any recipient. It is the Customer's responsibility to be aware of and understand all applicable laws and ensure that Customer and its users of the account comply at all times with applicable law. Some examples of applicable laws include US CAN-SPAM Act, Canada Anti-Spam Law (CASL), EU General Data Protection Regulation (GDPR), member state implementations of the EU ePrivacy Directive,  Australian Privacy Act and Spam Act, UK General Data Protection Regulation, and other laws relating to data protection, privacy, intellectual property, security, terrorism, corruption, child protection, and import/export laws.

4.3 Customer Data. For the Email Service, you hereby grant us a worldwide, non-exclusive, non-transferable (except pursuant to a permitted assignment under the Agreement), royalty-free, perpetual, irrevocable license to use, copy, store, modify, create derivative works of, and otherwise process certain Customer Data, specifically the email addresses of a person receiving an electronic message sent by Customer through the Email Service; provided that for each person receiving an email (each, a “Recipient”): (i) Customer is not identified as the source of such data; (ii) the email address is pseudonymized; (iii) the email address is not EEA Personal Data; (iv) the email address is not disclosed to any other customer; and (v) we do not use the email address to send any of our own emails to the Recipient. Customer has all rights, permissions, and/or consents necessary to grant us the rights in the Customer Data as provided in this Agreement. 

4.4 Analytics Data. Subject to the limitations in this Section, for the Email Services, we and our  Affiliates may: (a) collect, extract, compile, synthesize, analyze, attribute, store, and otherwise use data resulting from Customer’s use and operation of the Email Service (“Usage Data”) including routing data (e.g., server hostnames, server IP addresses, and timestamps), delivery data (e.g., whether, when, where, and how an Email was sent or delivered), engagement data (e.g., whether, when, where, and how an Email was opened or clicked), and message data (e.g., message type, tone, length, and presentation); and (b) aggregate or compile Usage Data with other data, including data obtained via third parties and the usage data of our other customers (“Aggregate Data”). Usage Data and/or Aggregate Data: (i) will not include any identifiers of Customer as a source of such data; and (ii) will only be used by us and our Affiliates to: (1) provide aggregate research statistics and insights (e.g., publishing average email open rates by city, benchmarking by industry vertical, and analyzing industry trends); (2) optimize delivery, engagement, and conversion of your and other customers’ email campaigns (e.g., send time optimization, recipient validation, predictive filtering based on a recipient’s propensity to engage, convert, and/or complain, and content selection optimization); and (3) for our own lawful business purposes including operational support and planning, research and development, and additional product functionality. Notwithstanding the foregoing, you should notify and obtain the necessary authorization from your end-users and comply with all information, notification, retention, access and other applicable requirements if required by applicable laws. We assume no responsibility when Customer fails to do so.

4.5 Security Policy. We will maintain a written and comprehensive information security program, which includes appropriate physical, technical, and administrative controls to protect the security, integrity, confidentiality, and availability of Customer Data including protecting Customer Data against any unauthorized or unlawful acquisition, access, use, disclosure, or destruction, a summary of which is available at MessageBird Security Overview.

4.6 MessageBird Email Starter Services. If you purchase MessageBird Email Starter Services, we will provide such services in accordance with the current services description available at MessageBird Email Starter. 

4.7 MessageBird Email Premier Services. If you purchase MessageBird Email Premier Services, we will provide such services in accordance with the current services description available at MessageBird Email Premier. 

4.8 MessageBird Email Premium Services. If you purchase MessageBird Email Premium Services, we will provide such services in accordance with the current services description available at MessageBird Email Premium Support. Any updates or modifications to the MessageBird Email Premium Support description will not materially diminish our responsibilities to provide MessageBird Email Premium support during the Term of your MessageBird Email Premium subscription.

4.9 MessageBird Email Enterprise  Services.  If you purchase MessageBird Email Enterprise Services, we will provide such services in accordance with the current services description available at MessageBird Email Enterprise Support. Any updates or modifications to the MessageBird Email Enterprise  Support description will not materially diminish our responsibilities to provide MessageBird Email Enterprise  Support during the Term of your MessageBird Email Enterprise  subscription.