Email Meter Enterprise

Last updated: April 25, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the emailmeter.com website, our platform and the related applications and services (the “Services”) offered by ShuttleCloud Corp., a Delaware corporation ("us", "we", or "our").

Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Subscriptions  
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Some parts of the Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide ShuttleCloud Corp. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically
authorize ShuttleCloud Corp. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, ShuttleCloud Corp. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes  
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ShuttleCloud Corp., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

ShuttleCloud Corp. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Services after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds  
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Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted in our sole discretion.

Accounts  
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When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property  
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The Services and their original content, features and functionality are and will remain the exclusive property of ShuttleCloud Corp. and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ShuttleCloud Corp.

Links To Other Websites  
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Our Services may contain links to third party web sites or services that are not owned or controlled by ShuttleCloud Corp.

ShuttleCloud Corp. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ShuttleCloud Corp. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination  
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We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification  
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You agree to defend, indemnify and hold harmless ShuttleCloud Corp. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability  
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In no event shall ShuttleCloud Corp., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer  
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Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ShuttleCloud Corp. its subsidiaries, affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.

Exclusions  
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Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law  
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These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.

Changes  
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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer  authorized to use the Services.

Contact Us  
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If you have any questions about these Terms, please contact us:

* By email: hello @ emailmeter.com.
* By mail: ShuttleCloud Corp, 420 Eagleview Blvd, Exton, PA 19341, USA.

Privacy Policy  
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Effective date: May 24, 2018

ShuttleCloud Corp. ("us", "we", or "our"), a Delaware corporation, operates the emailmeter.com website, our platform and the related applications and services offered by us (the “Services”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.

Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from emailmeter.com.

Definitions  
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Personal Data  
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Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data  
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Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, your email headers and metadata).

Cookies  
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Cookies are small pieces of data stored on a User’s device.

Data Controller  
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Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)  
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Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject  
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Data Subject is any living individual who is the subject of Personal Data.

User  
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The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use  
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We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected  
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Personal Data  
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While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  * Email address
  * First name and last name
  * Phone number
  * Address, State, Province, ZIP/Postal code, City
  * Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data  
**********

We may also collect information about your email usage and about how the Service is accessed and used ("Usage Data") to enable your use of the Services and provision the Services to you. This Usage Data may include information such as your email headers and metadata, your address books, computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. 

Tracking & Cookies Data  
*********************

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  * Session Cookies. We use Session Cookies to operate our Service.
  * Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  * Security Cookies. We use Security Cookies for security purposes.

Use of Data  
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ShuttleCloud Corp. uses the collected data for various purposes:

  * To provide and maintain our Service
  * To notify you about changes to our Service
  * To allow you to participate in interactive features of our Service when you choose to do so
  * To provide customer support
  * To gather analysis or valuable information so that we can improve our Service
  * To monitor the usage of our Service
  * To detect, prevent and address technical issues
  * To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data  
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ShuttleCloud Corp. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

ShuttleCloud Corp. will also retain Usage Data for as long as needed to provide the Services to  you. We will retain and use your Usage Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Transfer Of Data  
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Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

ShuttleCloud Corp. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data  
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Disclosure for Law Enforcement  
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Under certain circumstances, ShuttleCloud Corp. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements  
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ShuttleCloud Corp. may disclose your Personal Data in the good faith belief that such action is necessary to:

  * To comply with a legal obligation
  * To protect and defend the rights or property of ShuttleCloud Corp.
  * To prevent or investigate possible wrongdoing in connection with the Services
  * To protect the personal safety of users of the Services or the public
  * To protect against legal liability

Security Of Data  
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The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals  
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We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Rights  
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ShuttleCloud Corp. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account  settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the right:

  * To access and receive a copy of the Personal Data we hold about you
  * To rectify any Personal Data held about you that is inaccurate
  * To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to ShuttleCloud Corp.. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Service Providers  
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We may employ third party companies and individuals to facilitate our Services ("Service Providers"), to provide the Services on our behalf, to perform Service-related services or to assist us in analyzing how our Services are used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Payments  
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We may provide paid products and/or services within the Services. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa,
Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

  * Stripe. Their Privacy Policy can be viewed at https://stripe.com/us/privacy

  * PayPal. Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
  
  * FreshBooks. Their Privacy Policy can be viewed at https://www.freshbooks.com/policies/privacy.

Business Transfers
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As we continue to develop our Services, we may sell or buy companies, subsidiaries, or business units.  In such transactions, customer information, including Personal Data and Usage Data, is generally considered an asset, but remains subject to the terms and conditions of any pre-existing Privacy Policy (unless, of course, a customer specifically requests otherwise in writing).  Notwithstanding, in the event that we or substantially all of our assets are acquired, or a change in control of the majority ownership of us occurs, Personal Data and Usage Data may be some of the transferred assets. You will be notified via email and/or a prominent notice on our Services of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data.

Links To Other Sites  
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Our Services may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy  
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Our Services do not address anyone under the age of 16 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy  
--------------------------------------------

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Services, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us  
----------------

If you have any questions about this Privacy Policy, please contact us: 

* By email: hello @ emailmeter.com.
* By mail: ShuttleCloud Corp, 420 Eagleview Blvd, Exton, PA 19341, USA.