**Terms and Conditions - Email Marketing SaaS Agreement**
This Email Marketing SaaS Agreement (hereinafter referred to as the "Agreement") is entered into between Burkett and Associates LLC (hereinafter referred to as the "Provider") and the User (hereinafter referred to as the "Client"). By accessing or using the email marketing software and services provided by the Provider, the Client agrees to be bound by the terms and conditions set forth in this Agreement.
**1. Service Description**
1.1 The Provider offers an email marketing software-as-a-service (SaaS) platform that enables the Client to create, manage, and send email campaigns to their contacts.
1.2 The Provider's services include but are not limited to email template design, contact management, campaign tracking, analytics, and other related features as specified in the service documentation.
1.3 The Provider agrees to provide the services with reasonable care, skill, and expertise, and to maintain the necessary technical infrastructure to ensure the smooth operation of the email marketing platform.
**2. Anti-SPAM Policy**
2.1 The Provider strictly adheres to the CAN-SPAM Act and other applicable anti-spam laws and regulations.
2.2 The Client agrees to use the Provider's services in compliance with all relevant laws, rules, and regulations, including but not limited to the CAN-SPAM Act, and any applicable international laws governing commercial email communications.
2.3 The Client agrees not to engage in any form of email spamming, including the sending of unsolicited bulk emails or any other activity that violates anti-spam laws.
**3. Permission-based Emailing**
3.1 The Client affirms that they will only send emails to contacts who have willingly provided their consent to receive such communications.
3.2 The Client agrees not to use purchased or rented email lists or any other unauthorized means to obtain email addresses for their campaigns.
3.3 The Client acknowledges that they are solely responsible for ensuring that their contacts have given proper consent to receive emails, and they shall maintain records of such consent in accordance with applicable laws.
**4. Intellectual Property**
4.1 The Client acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and any other proprietary rights related to the Provider's email marketing software and services, are and shall remain the exclusive property of the Provider.
4.2 The Client may use the Provider's intellectual property solely for the purpose of utilizing the email marketing services as described in this Agreement.
**5. Data Privacy and Security**
5.1 The Provider will implement reasonable measures to protect the security and confidentiality of the Client's data and contacts.
5.3 The Client is responsible for ensuring the accuracy and legality of the data they upload or input into the email marketing platform. The Provider shall not be held liable for any unauthorized or unlawful use of such data.
**6. Fees and Payment**
6.1 The Client shall pay the fees specified in the pricing plan or agreement between the Client and the Provider. The fees may be subject to change upon reasonable notice.
6.2 The payment terms and methods shall be as specified in the pricing plan or agreement. The Client agrees to make timely payments for the services rendered by the Provider.
7.1 Either party may terminate this Agreement with written notice to the other party, subject to any minimum contract term specified in the pricing plan or agreement.
7.2 Upon termination, the Client's access to the email marketing platform and associated services will be discontinued, and
the Provider shall not be responsible for any loss of data or email campaigns.
**8. Limitation of Liability**
8.1 The Provider shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use the email marketing services, even if advised of the possibility of such damages.
8.2 The Client agrees to indemnify and hold the Provider harmless from any claims, liabilities, costs, or expenses arising from the Client's use of the email marketing services in violation of this Agreement or applicable laws.
**9. Governing Law and Jurisdiction**
9.1 This Agreement shall be governed by and construed in accordance with the laws of Davidson-Metropolitan Nashville County. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Davidson-Nashville Metropolitan County.
**10. Entire Agreement**
10.1 This Agreement constitutes the entire agreement between the Provider and the Client and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
By accepting these terms and conditions, the Client acknowledges that they have read, understood, and agreed to be bound by the provisions outlined in this Agreement.