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Exposja Standard Terms of Use

Thank you for using Exposja

Please read these Standard Terms of Use (“Terms”) carefully. By using the Service (see definition below) or registering for an account, you agree to these Terms, which will form a legal agreement between you and The Rocket Science Group LLC, doing business as Mailchimp (collectively, “Mailchimp,” “we,” or “us”). Mailchimp is part of the Intuit family of companies and our parent company is Intuit Inc. We’ll start with the basics, including some definitions to help you understand these Terms. Mailchimp offers an online marketing platform (the “Application”) that allows you to manage your contacts to create, send, and manage certain marketing campaigns, including but not limited to emails, ads, and sends (individually, a “Campaign” and collectively, “Campaigns”), to send text messages (for informational or marketing purposes) (“Text Messaging”), and to create and manage pages and websites to reach your audience (individually, a “Site” and collectively, “Sites”), among others. The Application is part of the platform operated by the Intuit group of companies (the “Intuit Platform”) and is offered through our websites, including https://www.mailchimp.com , and any other website or mobile application owned, operated or controlled by us (we refer to them collectively as the “Mailchimp Site”, and together with the Application and the statistics, analytics and other functionality we make available through our products and services, the “Service”). Mailchimp has employees, management staff, directors, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a “Member,” under this agreement (or “you”). A “Contact” is any person that you, a Member, may communicate with through our Service. In other words, a Contact is anyone who is on a Member’s mailing list or whose information a Member has provided to us, or anyone who has otherwise interacted with a Member through the Service. For example, if you are a Member, a subscriber to your email marketing campaigns or a purchaser from your Website or Landing Page would be considered a Contact. These Terms, including our Acceptable Use Policy , API Usage Policy , Copyright and Trademark Policy , Data Handling Addendum , and Brand Guidelines (collectively, the “Agreement”) set forth the terms and conditions under which you are permitted to use the Service in accordance with the Agreement, which, in addition to our Global Privacy Statement and Cookie Statement , describe how we will treat your account and the data we collect and process about you, your end users, and your contacts and customers while you are a Member. If you do not agree to these Terms, you must immediately discontinue using the Service.

I. Account

1. Eligibility

In order to use the service you must:
1. be over eighteen (18) years of age and be able to sign contracts;
2. complete the account registration process;
3. accept these conditions and the other terms and conditions linked to these conditions that form part of the Agreement;
4. provide your true, complete and up-to-date contact and billing information;
5. not reside in any embargoed country or sanctioned jurisdiction, including Cuba, Iran, North Korea, Syria, and the Ukrainian regions of Crimea, Donetsk [“RND”] and Luhansk [“RNL”]) or Russia, or be prohibited from using the Platform under the laws and regulations of the United States or any other relevant jurisdiction;
6. and not be included on lists of the United States or other applicable jurisdictions prohibiting transactions and the export of U.S. products to certain entities, persons and jurisdictions.
By using the Service, you represent and warrant that you meet all of the requirements listed above, and that you will not use the Service in violation of any law or regulation. Please note that by representing and warranting the foregoing, you are making a legally binding promise.
Mailchimp may refuse to provide the service, terminate any member’s account, and change usage requirements at any time.

2. Term

When you sign up for an account and agree to these terms, the agreement between you and Mailchimp is formed and the term of the agreement (the “Term”) begins. The Term is effective as long as you have a Mailchimp account, or until you or we terminate the agreement in accordance with these terms, whichever occurs first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to agree to these terms and enter into the agreement on its behalf.
3. Closing your account
You or Mailchimp may terminate the Agreement at any time and for any reason. You may do so by cancelling your Mailchimp account or we may do so by notifying you that we are terminating the Agreement. We may suspend service at any time, with or without cause. We will not refund you in any situation except as specifically provided in these Terms. If your account remains inactive for 24 months or more, we may cancel your account and you will not be entitled to a refund of any prepaid amounts or unused Pay As You Go credits. Once your account is cancelled, you acknowledge and agree that we may permanently delete your account, along with all data associated with it, including your Campaigns. Usernames are unique and may only be used once. If your account is cancelled, the username will no longer be available for use with any future accounts and cannot be recovered.

II. Payment

Depending on the geographic address you provided to us when signing up for a paid service under these Terms (such as a Paid Marketing Plan, Website Plan, or payment for Pay As You Go Credits and transaction fees under Section 8B), you may be required to make payments to another company within the Intuit group of companies. Any contractual relationship established for the use of the service and obligations to pay money owed remain with us. Details of the Intuit group company to which you make payment are set out in the Schedule below. Payments will automatically be set up for the relevant Intuit group company. Payment made to the relevant Intuit group company listed in the Schedule under these Terms establishes your obligation to us for the money owed.