Marketing Applications Agreement
10Corp Web Services LLC • Effective: Monday, January 8, 2024
PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING OR USING ANY MARKETING APPLICATION SERVICE FROM 10CORP, YOU AGREE TO BE BOUND BY THESE TERMS.
This Marketing Applications Agreement ("Agreement") governs your access to and use of marketing application services (including email marketing platforms, social media management tools, SEO tools, analytics dashboards, and related applications) offered by 10Corp Web Services LLC ("10Corp," "we," "us") through 10Corp and affiliated brands. This Agreement is supplemental to our Universal Terms of Service and applicable platform-specific terms.
1. Scope of Services
Marketing application services include, but are not limited to: email campaign tools, landing page builders, CRM integrations, social media scheduling, paid advertising management, keyword tracking, and analytics reporting. The specific features available to you depend on your selected plan and any applicable third-party platform terms.
2. Permitted Use
You may use marketing applications solely for lawful commercial or personal marketing purposes in compliance with all applicable laws, including the CAN-SPAM Act, GDPR, CASL, and any other applicable data protection or anti-spam regulations. You must not use any marketing application to send unsolicited bulk messages, conduct phishing campaigns, or distribute malware.
3. Contact List Compliance
You are solely responsible for ensuring that all contacts in your marketing lists have provided valid opt-in consent as required by applicable law. 10Corp reserves the right to suspend your account if complaint rates, bounce rates, or unsubscribe rates exceed industry thresholds. You must honor all unsubscribe and opt-out requests within the timeframe required by law (typically ten (10) business days under CAN-SPAM).
4. Third-Party Platforms
Some marketing applications are powered by or integrated with third-party platforms. Your use of such integrations is also subject to the terms and policies of those platforms. 10Corp is not responsible for any changes, downtime, or policy changes by third-party providers.
5. Data Ownership
You retain ownership of your marketing content and contact data. By uploading data to marketing applications, you grant 10Corp a limited license to process and transmit such data solely to provide the services. We will not sell your marketing data to third parties.
6. Fees and Billing
Marketing application fees vary by service tier and are billed monthly or annually as selected. All fees are non-refundable unless otherwise specified in our Refund Policy. Overage charges for messages or contacts exceeding your plan limits will be billed at the applicable overage rate.
7. Service Availability
10Corp targets 99.9% uptime for marketing application platforms but does not guarantee uninterrupted service. Scheduled maintenance windows will be communicated at least 48 hours in advance when reasonably possible.
8. Termination
10Corp may suspend or terminate your access to marketing applications immediately if you violate this Agreement, send spam, or your account poses a deliverability risk to other customers. Upon termination, you may export your data within 30 days after which it may be permanently deleted.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 10CORP'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM. 10CORP IS NOT LIABLE FOR LOST REVENUE, LOST PROFITS, OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF MARKETING APPLICATIONS.
10. Amendments
10Corp may update this Agreement at any time with thirty (30) days' notice via email or website posting. Continued use after the effective date constitutes acceptance of the updated terms.
Last modified: Monday, January 8, 2024 • 10Corp Web Services LLC
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