Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT (Version 1.3a) CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT REPLACES the 07/25/2019 version and is EFFECTIVE AS OF 03/31/2022.

Acceptance of Terms

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with InboxEagle, located at 7000 Central Pkwy Ste 220, Atlanta GA 30328, and our subsidiaries and affiliates, in association with the use of the InboxEagle website, which includes www.inboxeagle.com (the "Site") and its Services, which shall be defined below.

Description of Services

InboxEagle provides AI-powered email deliverability intelligence services, including inbox placement monitoring, sender reputation tracking, spam filter analysis, email authentication monitoring (SPF, DKIM, DMARC), blocklist detection, competitive intelligence, and AI-powered deliverability recommendations for brands and agencies.

Any and all visitors to our site shall be deemed as "users" of the Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications are the sole property of InboxEagle. InboxEagle does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. Your continued use of the Services provided, after posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications.

Registration

To become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving InboxEagle's Services under the laws and statutes of the United States or other applicable jurisdiction.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

• Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process
• Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times
• Not use InboxEagle in violation of applicable email sending laws, including CAN-SPAM, GDPR, or CASL

Privacy Policy

Reviewer's rating score, review text, and name can be publicly published on InboxEagle and InboxEagle member business websites and marketing materials. Reviewer emails will never be solicited or shared in any way. Emails collected from reviewers are for verification purposes only.

Every business member's registration data and various other personal information are strictly protected by the InboxEagle Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by InboxEagle and/or our subsidiaries and affiliates.

Member Account, Username, Password and Security

After completion of the registration data and creation of your username, you will receive a random password — which you can later change — and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify InboxEagle immediately if you notice any unauthorized access or use of your account or password or any other breach of security.

Conduct

As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated.

Furthermore, you herein agree not to make use of InboxEagle's Services for the purpose of:

• Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or libelous
• Causing harm to minors in any manner whatsoever
• Impersonating any individual or entity, including any InboxEagle officials, forum leaders, guides or hosts
• Uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party
• Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation
• Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment
• Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions
• Interfering with or disrupting any InboxEagle Services, servers and/or networks
• Intentionally or unintentionally violating any local, state, federal, national or international law
• Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities

Contributions to Company Website

InboxEagle provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

• Your Contributions do not contain any type of confidential or proprietary information
• InboxEagle shall not be liable or under any obligation to ensure or maintain confidentiality related to any Contributions
• InboxEagle shall be entitled to make use of and/or disclose any such Contributions in any manner as they may see fit
• The contributor's Contributions shall automatically become the sole property of InboxEagle
• InboxEagle is under no obligation to either compensate or provide any form of reimbursement in any manner or nature

Indemnity

You agree to indemnify, defend and hold harmless InboxEagle and InboxEagle's employees, officers, and agents from and against any demands, liabilities, losses, costs and claims, including reasonable attorney's fees, that arise from or are related to (i) your use of the Services or Customer Information; (ii) your breach of this Agreement; (iii) injury to any person or property caused by any products or services sold or otherwise distributed by you through Your Website; and (iv) your use of the Services or Customer Information in violation of law.

Term

• Unless otherwise specified on the Order, the term of this Agreement shall commence upon your agreement to the terms and conditions of this Agreement and end upon termination of the "Term". The Initial Term shall auto renew for additional terms of similar length, unless either you or InboxEagle notifies the other of its intent to terminate this Agreement by giving a thirty (30) day notice before the end of the existing Term.
• The Subscription Term cannot be canceled before its expiration.

Termination

As a member of www.inboxeagle.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to support@inboxeagle.com.

Furthermore, you agree that InboxEagle may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to any of our Services for cause including, but not limited to: any breach or violation of our TOS; requests from law enforcement or governmental agencies; discontinuance or modification to our Services; unexpected technical or security issues; any extended periods of inactivity; any engagement in fraudulent or illegal activities; and/or nonpayment of any associated fees. The maximum refund if any is warranted is the amount paid for the service in the current term.

Limitation of Liability

You explicitly acknowledge, understand and agree that InboxEagle and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur.

INBOXEAGLE'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT AND THE CUSTOMER INFORMATION IS LIMITED TO THE TOTAL OF ALL FEES MADE BY OR FOR YOU FOR THE SERVICES FOR THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General Information

Entire Agreement

This TOS constitutes the entire agreement between you and InboxEagle and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to InboxEagle Services.

Choice of Law and Forum

The relationship between the parties shall be governed by the laws of the state of Georgia without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes shall be filed within the courts having jurisdiction within the County of Fulton, Georgia or the U.S. District Court located in said state.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.

Violations

Please report any and all violations of this TOS to InboxEagle: