Mail Metrics provides the website (the “Mail Metrics Website”) to you on the basis of the following terms and conditions (“Terms and Conditions”). By accessing any page on the Mail Metrics Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be updated by Mail Metrics from time to time by posting the updated Terms and Conditions without prior separate notification to you. You should check the Terms and Conditions each time you access the Mail Metrics Website to check for updates.

Other applicable terms

These Terms and Conditions refer to the following additional terms, which also apply to your use of the Mail Metrics Website:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or you provide to us.
• Our Cookie Policy, which sets out information about the cookies on the Mail Metrics Website.

Mail Metrics website

You will be able to obtain information about certain Mail Metrics products and services on this Mail Metrics Website and you may also submit queries to Mail Metrics to receive more information.

Use

The Mail Metrics Website and any information contained therein are provided to you at no charge and are for your personal and non-commercial use.

Mail Metrics reserves the right to refuse access to the Mail Metrics Website and/or the services contained herein in our discretion, including, without limitation, if we believe that particular conduct violates applicable law, is harmful to our interests or is in breach of these Terms and Condition.

We are not obliged to reply to any queries or to provide any support in connection with the Mail Metrics Website.

Using the Mail Metrics Website for the purposes of browsing and availing of our services is permitted. Any other use of the content and software on the Mail Metrics Website, including the reproduction, modification, distribution, transmission, republication or display of the content on the Mail Metrics Website without our express permission, is strictly prohibited.

You must not misuse the Mail Metrics Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to the Mail Metrics Website, the server on which the Mail Metrics Website is stored or any server, computer or database connected to the Mail Metrics Website. You must not attack the Mail Metrics Website via a denial-of-service attack or a distributed denial-of-service attack.

Mail Metrics does not wish to receive confidential or proprietary information from you via the Mail Metrics Website. Subject to our obligations under our Privacy Policy, please note that any information or material sent to us via the Mail Metrics Website will be deemed not to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that material or information, and you also agree that Mail Metrics is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

You undertake not to post to or send via this website any materials that are or could reasonably be construed as: (i) defamatory, libellous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which you have not obtained all necessary licences and/or approvals; or (iv) violating any other law.

You also agree not to transmit to or send via the website any materials which could reasonably be held to constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of any country or other competent authority, or infringe the rights of any third party enforceable in any part of the world.

Mail Metrics reserves the right to remove any materials from the website where it reasonably suspects that such material is prohibited by this section or is otherwise inappropriate. Notwithstanding the foregoing, you acknowledge that Mail Metrics has no control over content on the Mail Metrics Website which is provided by other users, neither does it purport to monitor the content of the website to ensure its accuracy, appropriateness or conformity with the principles outlined in these Terms and Conditions.

Links to other websites

The Mail Metrics Website contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked websites are not under the control of Mail Metrics and Mail Metrics is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Mail Metrics provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Mail Metrics.

Linking to the Mail Metrics website

You must not link the Mail Metrics Website to other websites which are indecent or inappropriate, and you must forthwith remove any link if Mail Metrics in its discretion so requests.

You agree to indemnify Mail Metrics and Mail Metrics affiliates against any claim, demand, loss or damage suffered as a result of breach of this.

Limitation of liability and disclaimer

Mail Metrics hereby excludes to the fullest extent permitted by law all conditions, warranties, and representations whether expressed or implied in relation to the Mail Metrics Website or the information contained therein.

We cannot guarantee that the Mail Metrics Website will be uninterrupted, error free or secure or that the information contained therein is accurate, complete or up-to-date.

You understand and agree that we shall not be liable for any loss or damage whatsoever arising out of or in connection with the Mail Metrics Website or the contents thereof, whether under theories of contract, tort (including negligence), strict liability or otherwise.

You hereby acknowledge and agree that the Mail Metrics Website is available for use “AS IS” and “AS AVAILABLE” and Mail Metrics makes no warranty, representations or endorsement of any kind regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Mail Metrics Website or the contents thereof.

Mail Metrics reserves the right at its sole discretion, to amend or withdraw any content or services offered as part of the Mail Metrics Website. We may temporarily suspend access to the Mail Metrics Website for any reason without notice, including but not limited to where there is a breakdown, error, defect or malfunction of any part of the Mail Metrics Website.

Intellectual property

All content included, such as text, graphics, logos, button icons, images, audio clips and software on the Mail Metrics Website (“Content”) is our property or the property of our supplies and/or licensors (unless expressly indicated otherwise) and is protected by applicable copyright and/or other intellectual property laws.

All trademarks displayed on the Mail Metrics Website are trademarks of Mail Metrics or their respective owners. Nothing contained on the Mail Metrics Website should be construed as granting any license or right of use of any trademark displayed on the Mail Metrics Website without the express written permission of Mail Metrics or third party owner.

You must not modify, copy, reproduce, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Mail Metrics Website or expressly authorised in writing by Mail Metrics. Strictly on the condition that you keep all Content intact and in the same form as presented on the Mail Metrics Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:

• using an industry-standard Web browser, download and view the Content for your personal, non-commercial use; or
• if you are an Internet service and/or access provider, supply the Content to your subscriber.

You must not use the Mail Metrics Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Mail Metrics or which is prohibited by the Terms and Conditions.

Governing law

These Terms and Conditions shall be governed by and construed in accordance with Irish law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Irish courts.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions, which will continue in full force and effect.

To the extent that you are acting as a consumer, rather than in the course of your business, you will benefit from any mandatory provisions of the laws of the country in which you are resident. Nothing in these terms, including this provision regarding governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of your local law.

Updates

Mail Metrics reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them. The Mail Metrics Website will specify the latest date on which the Terms and Conditions have been amended.

Last updated: April 2022