Terms of Service
Effective September 9th, 2020
Thank you for having an interest in Gmaster!
This Terms of Service is a contract entered into by and between You (“you” or “User”) and Gmaster (“Gmaster,” “We,” or “us”) to the extent expressly stated. Gmaster allows users to send and manage email campaigns using Gmail. We are proud to provide consumers with a platform to manage their marketing campaigns.
The Services are intended for users 18 and older. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms.
CHANGES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. Gmaster may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Website. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.
You understand that your continued use of our Services following the Effective Date means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use our Services after the Effective Date.
A user Account (“Account”) is required to use our Services. To register for an Account, you will be required to enter your e-mail address and use the Google Sign In popup window. You are responsible for maintaining the confidentiality of your Account information. You agree that you are solely responsible for any and all activities from your Account and losses incurred by us or any other user or visitor to our Services due to someone else using your Account as a result of your failing to keep your account information secure and confidential. It is a condition of your use of the Service that all the information you provide on your Account will be correct, current, and complete.
You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:
- To send spam. You must be able to provide evidence that your recipients have consented or otherwise opted in to receiving communications from you.
- To contact any recipient identified through a list purchased, rented, or otherwise compiled by a third party.
- In any way that violates CAN-SPAM or other US and international anti-spam laws.
- To send communications that display or contain, in our sole discretion, hate speech, violence, pornography or sexually explicit content.
- To send misleading communications or any material not created by you, provided for you to use, or that would violate anyone’s rights.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
- To impersonate or attempt to impersonate Gmaster, a Gmaster employee, another user, a third party or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Gmaster or Gmaster users, or expose them to liability.
- To use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
- To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material found on the Services.
- To use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- To reverse engineer any of the software or Services.
- To use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Service.
- To otherwise attempt to interfere with the proper working of the Service.
ACCOUNT TERMINATION AND TERMS OF SERVICE VIOLATIONS
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Subscription settings or by contacting us at: firstname.lastname@example.org.
We may suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, including for violations of these Terms, at our sole discretion, and without notice or liability of any kind. You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
INTELLECTUAL PROPERTY RIGHTS
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Gmaster, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Gmaster name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of Gmaster or its affiliates or licensors. You must not use such marks without the prior written permission of Gmaster. All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners.
You agree that you either own or have permission to use any personal information, content, data, and information that you submit to Gmaster, display in communications sent using Gmaster Services or which Gmaster obtains or accesses on your behalf.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service.
We offer monthly or yearly subscription plans for a fee. When you sign up for a subscription plan, you have the option for monthly or yearly recurring billing, depending on the plan you choose. Payment plans begin with a prorated monthly or yearly amount, depending on the date that you signed up. You will be billed for monthly plans starting on the first of each month. For yearly plans, you will be billed once per year, on the first of the year.
You may cancel a subscription plan at any time. For monthly subscribers, upon cancellation, your plan will be active until the end of the month. For yearly subscribers, upon cancellation, your plan will be active until the end of the current month and you will receive a prorated refund depending on the month that you cancelled.
If you choose to purchase such features, we will also collect payment information, such as credit card, billing address and other financial account information. In order to use these features, users must provide account information for at least one valid Payment Method, such as your credit card information.
You may update your Payment Method by accessing your Subscription settings. You are solely responsible for maintaining the accuracy of your Payment Method information. We are not responsible for any failure to process your Payment Method due to inaccurate Account information. You must notify us immediately of any errors or discrepancies in your Payment Method information.
By providing Payment Method information through the Services and authorizing payments with the Payment Method, You represent, warrant, and covenant that: (a) You are legally authorized to provide such information; (b) You are legally authorized to make payments using the Payment Method(s); (c) if You are an employee or agent of a company or person that owns the Payment Method, that User is authorized by the company or person to use the Payment Method to make payments on Gmaster; and (d) such actions do not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method via the Services, you represent and warrant that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Gmaster is not liable to any user if Gmaster does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Gmaster will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with these Terms.
WE PROVIDE THE SERVICE "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT ANY CONTENT FROM THE SERVICES ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE. IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR THE CONTENT CREATED, SENT, OR DISPLAYED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THIS SERVICE.
YOU ACKNOLWEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR TOTAL LIABILITY TO YOU ARISING UNDER OR IN CONNECTION WITH THE TERMS – WHETHER IN CONTRACT TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE—WILL BE NO MORE THAN WHAT YOU PAID US FOR THE SERVICE THE PRECEDING MONTH.
You agree to indemnify and hold Gmaster, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (a) your access to or use of the Services, (b) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Gmaster and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.
These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of Nevada.
After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.
You may not assign the Terms of Service, or any of its rights or obligations hereunder. Gmaster may freely assign this Terms of Service. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
WAIVER AND SEVERABILITY
No waiver by Gmaster of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gmaster to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
COMPLIANCE WITH LOCAL AND INTERNATIONAL LAWS
Given the global nature of the Internet, you agree to comply with all applicable laws and regulations, including, without limitation, laws related to internet usage, email communications, data privacy, copyright and trademark infringement. You are solely responsible for understanding the applicability of any such laws, and any liabilities arising from your use of our Services. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
As a part of complying with applicable data protection laws, you agree, represent, and warrant that you have obtained all necessary permissions and valid consents required to lawfully transfer data to Gmaster and enable such data to be lawfully collected, processed, and shared by Gmaster for the purposes of providing the Service or as otherwise directed by you. You further acknowledge and agree that Gmaster may request proof of such valid consent(s) at any time and may terminate your Account upon failure to provide such proof.
In order to access or use the Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and your access to use the Services will be immediately revoked.
CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from Gmaster, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.
This Terms of Service, constitute the sole and entire agreement between you and Gmaster and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.
You may reach us with questions related to these Terms or general inquires at: email@example.com
Or by writing to us at:
1180 North Town Center Drive Suite 100
Las Vegas, NV 89144