Robly Terms of Service: Introduction
These “Terms of Service” (at times called “Agreement” or TOS) are a legal agreement between you and Robly Digital Marketing, a Delaware limited liability company. Robly is also referred to as “we” or “us.” You are our customer (“Member”)(or alternatively if you agree to these TOS you will become a member by clicking below). “Term” is the time which you have the right to use our website to create and send campaigns, newsletters, and other content. If an individual has legal authority to sign this agreement on behalf of his employer or clients, “you” refers to the aforementioned employer or clients. YOU are responsible for being in compliance with these TOS. By clicking the button to create a Robly account, you are agreeing to these TOS. When you type in your email address on the account, this is an indication of your identity, and is equivalent to you “signing” this document for all legal purposes. Any individual clicking the button on the behalf of another person or entity, that person or entity being the member, is stating that the agreement is being made with full authority.
Robly Terms of Service
WARNINGS: Legal consequences
Certain conduct in violation of Section 15 of these TOS will entitle us to collect the higher of a pre-set amount or a multiple of your one-year estimated annualized fees (which will be a reasonable approximation of damages plus attorney fees). That conduct is:
- Violation of laws that regulate sending out mass email
- Taking advantage of our TOS by hosting images on your site using our servers
- Sending emails created using Robly out with another service
- Failure to pay any subscription amount you owe us
We expect you to use our powerful tools that we provide at a very low price with integrity and follow our TOS. This will help us maintain our reputation as a service which sends ONLY consent-based and prior-and-recent-selling-relationship email.
APPLICABLE TO ALL MEMBERS OF ROBLY
- “Robly” is a registered service mark of Robly Digital Marketing, a Delaware limited liability company. www.robly.com (the “website”) is owned and operated by Robly.
- The purpose of this TOS is to very clearly define the terms and conditions under which you may use our website and bulk email system (the “services”). Any email sent by our website using the services is called “email.”
- We reserve the right to make any changes we deem necessary to these TOS at any point. If we do this, we will make the changes on the website, and send an email to the most recent email address you have provided us with. If your term is terminated within 10 days of the changes, these changes will not be effective. Otherwise, the agreement will be effective immediately for any continued use of the services.
- Members must be 18 years of age or older. No exceptions. If we have reason to believe you are under 18 years of age we will terminate your account immediately and delete all uploads to Robly. By creating and account, agreeing to these TOS, and using our services, you are representing that you are 18 years of age or older.
- MONTHLY PLANS
- 5.1: Our charges for monthly plans are posted on the website. These charges are subject to change. Payments are due for the whole month for which any part of the month was part of the term. A month’s payment is due for any month on the day of that month that was closest to the day you signed up for Robly on and made your first monthly payment on. In any month where you add subscribers to your account such that you are required to pay a higher amount, you are required to make such payment on or before the payment date of the following month. If the term ends before that date, you will still be required to make one payment at that higher level.
- 5.2: Plans bill for unique contacts stored or sent to, whichever is greater. Payments are made in advance for the following month of service, but based on prior 30 days of usage. Monthly plans will automatically downgrade the following month.
- 5.3: If you are a member or have an outstanding balance, you agree to provide us with a valid credit card and authorize us to deduct any monthly charges against that credit card. You must provide us with replacement information in the event that a credit card expires or for any other reason becomes invalid. Any member that uses a credit card authorizes that he or she has the authority to use such credit card. All charges billed to said credit card are authorized to be billed and will not be rejected.
- 5.4: We reserve the right, if you increase your monthly subscription level to another price level that is higher than your current price level, to collect the difference between that plan and your current plan, before an email is sent at that level, at our discretion.
- 5.5: The only circumstance under which you will be entitled to a refund is if we terminate our services to you without cause before the end of a month. We may offer refunds at our sole discretion for other circumstances.
- This TOS may be terminated at any point by either party without notice from the other party. We may terminate services with or without cause. If we terminate services without cause, we will refund you a pro-rated monthly amount for the unused services. If we terminate you with cause, you are not entitled to any refund. If you send emails to whom your relationship does not meet the below requirements in section 11.b, that will be considered cause, and you will be terminated without a refund. Once we terminate your account, we reserve the right to delete any email or other information from our servers. Additionally, if you do not log in to your account for 12 months, we reserve the right to delete all of the data from your account as we will consider you an inactive member.
- It is your responsibility to maintain the confidentiality of your password associated with your account. You are responsible for who has access to your account. Please notify Robly immediately if anyone uses your account who you have not authorized.
- You acknowledge that Robly and Robly’s suppliers own all of the proprietary rights within our website and all of the software that we use to make the services available to you, including, but not limited to, trademarks, copywrights, patents, and service marks.
- You represent to us that you will not create any email with content that you are not the owner of, or have been given permission in the form of a valid license from the owner, or otherwise have releases for all related publicity and privacy rights.
- You hereby agree to the following:
- You will only incorporate graphics, text, photos, and content that you yourself have created into Email created in and sent using Robly, or material that Robly has provided you to incorporate into your email. You agree that you will not use content that you are not permitted to use.
- You will maintain correct addresses, names, email addresses on the site and on emails. You will not use misleading subject lines. You will not use any misleading or incorrect information anywhere on the website or in emails sent from the website.
- You will not publish any sexually related content, or content that is abusive or hateful, threatening, defamatory, or indecent.
- You will never share your password.
- You will never attempt to reverse engineer, decompile, disassemble, or decipher any of the software on the website or downloaded from the website.
- You will not include any content in emails that is in violation of any other party’s rights, including, but not limited to, privacy and publicity rights and copyrights.
- Unless you are part of a franchise, you will never use Robly to set up multiple accounts that send out substantially similar content.
- You will never solicit or incorporate social security numbers, passwords, any security credentials, or any personal information that is sensitive in any way when building or uploading a list.
- You will not send transactional mail through Robly unless you send it through our Robly transactional service.
- You will not send email through Robly that will be received as SMS, MMS, or text messages.
- Spam and Abuse. You agree to the following:
- Definition. We use this as the definition of Spam.
- Permissions. You may use Robly to send email only to customers who:-Give Consent. The customer gave or has given you written and/or electronic permission to send them Emails, and have not since withdrawn permission and either:
• Gave you permission within the last 12 months; or
• Within the last 12 months you’ve sent them a promotional Email that hasn’t been objected to; or-Sold or Negotiated to Sell Product/Service. The customer gave or has given you their name and email address as related to a purchase, or negotiations to purchase, your products or services, and has not opted out from receiving your Emails and either:
• The sale or negotiations happened within the last 12 months; or
• You sent them a promotional Email within the last 12 months with no objections.
If you get a significant number of SPAM complaints (more than 1 out of 1,000) after sending Emails to a list, ISPs will start blocking future emails from your company. They will also request that Robly shut down your account. Do not import contacts into Robly unless you have proof that each recipient on your list opted-in to receive your Emails. In the event that your spam or bounce rate is above our thresholds, we reserve the right to either terminate the account or remove the offending portion of the list.
- Requirements. You agree that you will NOT use the following:
- Purchased lists
- Rented lists
- 3rd party lists
- Outside unsubscribe processes
You should only send Robly emails, newsletters, updates, and promotions to those who have specifically requested to receive email from you or meet the requirements of 11b above. If you don’t have a permission list yet, set one up using our List Setup Tool and add a signup form or widget to your site so that you can start growing your contact list.
- Housekeeping: We make sure our system is a well-oiled machine — but in order to do that, we need your help.
- If you’re sending a campaign to an old list, make sure you do everything you can to remind them who you are and that they opted-in to your list, otherwise it’s more likely that they’ll report you for spamming because they simply won’t remember you.
- Clean up your customer list before you import it. Remove email addresses more than 6 months old. Incorrect or non functioning email addresses cause bouncebacks, which result in ISPs blocking Robly (aka you). We will shut down your account if you use a list that gets too many bounces.
- Don’t import your entire Outlook/Gmail/Whatever address book. Export them into a spreadsheet first, then axe bad or old addresses. It only takes one incorrect address to get you blacklisted and shut down.
- If you import from a CRM, break it down into separate categories based on interest or origin (People you meet at events, those who have made purchases in the past, customers interested in a specific topic), rather than blasting one Email out to everyone.
- If you’re sending Emails on behalf of a client, make sure you educate them about best practices and responsible email marketing.
- Some great resources are CRM, Salesforce, and API Imported Lists. These tools, while great for maintaining relationships with leads and converting them to paying customers, are built for one-to-one communication. Robly is built for one-to-many communication, which isn’t the same. Spam laws apply to one-to-many email marketing. Make sure you understand all of our permission-lists-only rules before importing any list into Robly from a CRM or other database. You must remove any addresses from contacts who did not specifically request to receive email marketing from you. Those who have opted in must also be allowed, under applicable law, to opt-out of your email marketing list. The fact that a contact exists in a CRM does not equate to permission.
- Prohibited Content and Industries. Robly will not tolerate the use of the system to send anything offensive, illegal, or that harasses anyone. This includes but is not limited to:
- Pornography or sexually explicit Emails
- Offers to sell illegal substances
- Emails that violate the CAN-SPAM Law
Some industries send a specific type of content that results in higher bounce rates and abuse complaints. This affects our entire system, which is why we do not allow business that offer these services, products, or content:
- Adult novelty items or content references
- Affiliate marketers
- Credit repair/debt repair content
- Escort and dating services
- Gambling services, products, or education
- Illegal goods or services
- Insurance quotes
- List brokers or List rental services
- Marketing or commercial email without proper permission
- Mortgages and/or loans
- Multi-level marketing
- Nutritional, herbal, or vitamin supplements
- Online trading or stock market/trading content
- Pharmaceutical products
- Pornography or nudity
- Work from home, Internet Lead-gen, online money making opportunities
Basically if you’re in an industry that’s closely associated with spam, we can’t help you. We simply can’t risk our own deliverability. Robly is the sole arbiter of whether or not a user is approved or denied. We will terminate accounts who violate these terms.
- Who Can Use Robly
If you don’t meet these eligibility requirements, you may not use Robly:
- You must be at least 18 years of age and able to form legally binding contracts under applicable law.
- You must register and agree to the terms of this Agreement. All contact information must be true, complete, and current.
- Robly reserves the right to refuse service or terminate accounts and to change eligibility requirements at any time, in its sole discretion.
- Data Archival
Due to storage limits, we occasionally need to archive and/or delete data in order to make room for new data in order to keep prices low and avoid purchasing more servers. These are our data archiving rules:
- Subscriber Activity and Geomap Data: Geomaps (which show the location where people are opening email from) and Subscriber Activity data for your campaign reports include a lot of information. Because of this, we only provide basic reports including both of these things for your last 20 campaigns, or from the last 60 days if you send more than 20 campaigns in a two-month time frame. You have access to the Subscriber Activity in aggregate form more you last 2,000 campaigns.
- Old, Pay-As-You-Go lists: For free or pay-as-you-go accounts, any list you haven’t used to send an email to in 12 months will be archived. Email addresses change frequently, so we recommend you contact your lists more than once a year, and keep your lists clean. If you want to keep copies of old data, such as reports, lists, templates, and campaigns, you can use our Export Tool, which will allow you to export this information as a .csv file. Be forewarned, however, that exports can take a while to complete depending on the size of your account.
- Bandwidth Abuse (Image hosting, API, Tracking)
You may only use our bandwidth for Robly email marketing. Therefore, you agree to the following:
- We host images for free. But you cannot host images for anything other than email marketing, like for your website. If we detect misuse of our free hosting services, we reserve the right to delete those images.
- You will not use Robly to build a campaign, then send it out using a different delivery service. If we detect that this happens, which we can do, we reserve the right to shut down your account, replace images, and redirect hyperlinks.
- If you choose to integrate with Robly using our API, you must use efficient programming that will not cause too many requests in too short a period. We reserve the right to suspend or terminate your account, or to upset your API connections.
- Fees, Refunds, Account Suspensions, Cancellations
You agree to the following:
- Robly reserves the right to change fees at any time by posting the updated fee structure to our Website and/or sending you a notification via email.
- Should a use violate any terms of this Agreement, we reserve the right to cancel accounts or restrict access to accounts without refund.
- If we are unable to process your credit card, we will attempt to contact you via mail and will suspend account usage until payment can be processed.
- You agree to pay for all emails sent from your account, even if emails are blocked by a third party.
- For prepaid, pay-as-you-go accounts, email credits roll over and don’t expire. However, if you don’t log in to your account at least once in a 12 month period, your account (and all contents) may be deleted permanently from our system.
- We do not provide refunds to any account that is suspended or terminated for compliance reasons.
- Account cancellation requests MUST be sent to support[at]robly.com in order to be processed. Voice mails are NOT valid account cancellation requests. If you do not submit your cancellation request to us in writing, we are not obligated to provide a refund to you for prior unused time. The maximum refund we will provide for unused time on a monthly plan is one month.
- Avoiding Spam Related Problems
As email marketers we take spam seriously, not only because it jeopardizes our own system deliverability (and therefore the deliverability for all of our customers), but because it just doesn’t make the Internet a better place. For these reasons, we want to keep our system clean, so here’s what we do:
- Feedback Loops w/ ISPs. Robly has established relationships with most major ISPs. We have established feedback loops (FBL) and reporting systems the following ISPs and anti-spam organizations:
• United Online (Juno/NetZero, etc.)
• SpamcopIf a recipient clicks a “this is spam” button, a FBL is sent to us. We analyze and trace the data back to the original sender, remove the complainer from the sender’s list, and track future complaints about that campaign. If complaints surpass a reasonable number based on list size, we take appropriate action to keep our servers clean and off of blacklists. Please refer to sections 11(d),(e), and (f) above.
- Reporting Abuse. If you’ve received SPAM that you think came from a Robly user, we want to know. Please report any received SPAM that came from what appears to be a Robly user to abuse[at]robly.com.
- Report Bad Senders. Any campaign sent via Robly has an embedded Campaign Tracking ID (CID) in the header content that makes it easy for recipients to report suspected spam. If the campaign you received doesn’t contain a CID, it wasn’t sent from Robly. This is what is referred to as spoofing.
- No warranties. To the maximum extent permitted by law, all material on this website and the services (including content, software, functions, services, materials, and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.
- Limitation of Liability. To the maximum extent permitted by law, you assume full risk and responsibility of loss resulting from your use or misuse of the website and services, including any downloads from the website. Under no circumstances will we or any of our employees, independent contractors, or representatives be liable for any indirect, punitive, special, or consequential damages, even if we or any of our employees, independent contractors, or representatives have been notified of the potential occurrence of such damages. Robly’s total liability–in any event–is limited to the amount, if any, paid by you for use of our website and its services for the one month period ending on the date a claim is made. You hereby release us, our employees, independent contractors, and representatives from any and all obligations, liabilities, and claims in excess of this limitation.
- Indemnity. You agree to compensate and hold us, and our directors, officers, employees, and representatives, safe from any and all losses (including but not limited to attorney fees) incurred from any claims not permitted under this Agreement due to a “Limitation of Liability” or other requirement that you assert, or may assert, based on or relating to your use or the use of any individual who uses your password, of this Website or the Services. You also agree to compensate and hold us, and our directors, officers, employees, and representatives, safe from any and all losses that result from third party claims, including but not limited to attorney fees, that incur in whole or in part from allegations or conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.
|a) violations of the provisions of this Agreement whereby actions cause Robly to be viewed a source of spam, such as sending Emails to recipients who have not consented to receive emails from you in the last 12 months and to whom you are not otherwise authorized to send Emails to under 11(b) above; sending Emails that offer the products or services listed in 11(f) above; or sending Emails that include false or misleading headings or other content that violates anti-SPAM laws that restrict and regulate the sending of bulk emails.
||Five times the total of our then-current monthly charges over a 12 month period (5 times 12 times our monthly charges), but no less than $900.
|b) violations of provisions of this Agreement whereby a user takes actions to use to use Robly’s resources and services in a manner not permitted hereunder such as using our Services to host images not used expressly for sending Emails (such as a website), or sending Emails created using the Services but not via the Services.
||Four times the total of our then-current monthly charges over a 12 month period (4 times 12 times our monthly charges), but no less than $720.
|c) Failure to pay an amount due within ten (10) days after a demand by us.
||Three times the total of our then-current monthly charges over a 12 month period (3 times 12 times our monthly charges), but no less than $540 + the sum owed.
- Attorney Fees. If we file an action against you that claims you breached this Agreement and we seek to recover liquidated damages and/or other compensation, and we succeed, we are entitled to recover reasonable attorney fees as well as any damages or other relief we may be awarded.
- Disclaimers. We disclaim and are not responsible for the actions or behavior or any advertisers, linked websites, or other users.
- U.S. Export Controls. The software that supports our Services (the “Software”) is further subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any of the software is at your sole risk.
- Reporting Violations. If you become aware that any other person is violating any terms and conditions of this Website, please notify us immediately. If you believe that any user of this Website has posted content in violation of any other rights you may have, please notify us at firstname.lastname@example.org.
- Assignments. You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
- Compliance With Law. In using our Services, you agree that you will comply with all applicable laws.
Applies to all Members to the extend that they use Robly to send any form of email to residents of the European Economic Area (“EEA”), which is composed of the members of the European Union (“EU”), together with Iceland, Norway, and Liechtenstein.
- Warranties of Compliance. You represent and guarantee that in compiling your Email distribution list, sending Emails via Robly Services, and collecting information as a result of individuals visiting your website or otherwise, with respect to your customers and potential customers who reside in the EEA, you:
- Represent and guarantee that you have and will comply with all data protection and privacy laws and regulations applicable to the countries in which you are sending any form of Email via Robly including the Data Protection Act, and regulations relating to the EU Privacy and Electronic Communications Directive. You represent and guarantee that you have collected, stored, used, and transferred all data that relates to any individual in compliance with all data protection laws and regulations relating to the country in which such individual lives and obtained all necessary consent to enable Robly to receive and process that data and forward communications to that individual on your behalf. You agree to indemnify and hold us safe from any losses, including attorney fees, that result from any violation of any part of these warranties.
Additional Provisions Applicable to All Members
- Force Majeure. We will not be held liable for delays or performance failure of any part of this Agreement due to any cause beyond our control and without fault or negligence, including but not limited to acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, explosions, fires, floods, strikes, blackouts, environmental disturbances, severe weather conditions, hackers, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carries or overloading or slow downs of the internet or any third party ISPs.
- Survivability. The ownership and proprietary rights set forth in this Agreement, and any other provisions that by sense or context the parties intend to have survive, will survive the termination of this Agreement for any reason.
- Severability. The unenforceability or invalidity or any term, provision, section, or subsection of this Agreement shall not affect that validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections will be interpreted so as to carry out fully the intention of the parties hereto.
- Interpretation. The fact of authorship by or at the request of a party will not affect the construction or interpretation of this Agreement.
- Further Actions. You agree to execute any and all documents and take any other actions reasonably required to put this Agreement into effect.
- Notification of Security Breach. In the event of a security breach that may affect you or individuals listed on your Email distribution lists, we will notify you of the breach and include a description. If we reasonably determine that it’s necessary for all or part of such information to be forwarded to those individuals and we notify you of this fact, you will promptly forward said information to said individuals.
- Amendments. No changes to this Agreement will be effective unless and until the revised Agreement is posted by us on the Website.
- No Changes in Agreement at Request of Member. Due to our large quantity of Members, we cannot change this Agreement for any one or group of Members.
Reviews and Ratings
- Ownership. For Robly to ensure the independent, objective third party standards needed to validate and approve your Customer Reviews, and to allow you to actively display our Review Widgets, all ratings and reviews collected by Robly immediately become the sole property of Robly. To protect our brand integrity, we do not allow you or any other third party to host or display Robly-collected ratings without our direct consent. Unauthorized use of Robly Customer Reviews may be cause for legal action.
- Copyright. All content in this site (including but not limited to text, graphics, and code) is copyrighted as a collective work under U.S. copyright laws, and is the property of Robly. Copyright 2013, Robly, All Rights Reserved. You may electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Robly or purchasing Robly products. Any other use, including but not limited to reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Robly. You further agree not to alter or delete any proprietary notices from materials downloaded from the site.
- Warranty Disclaimer. This site and its materials and products are provided as is, without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Robly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
- Limitation of Liability. Robly will not be liable for any consequential damages that result from the use of, or inability to use, the services and products offered on this site, or the performance or the services and products. Robly does not guarantee or warranty any information that we gather or use.
- Typographical Errors. In the event that a product is listed with an incorrect price, Robly reserves the right to refuse or cancel any orders placed for a product listed at an incorrect price. Robly reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Robly will issue a credit to your credit card in the amount of the incorrect price.
- Seal Removal/Account Cancellation. Due to the nature of the services provided, Robly reserves the right to remove seals and widgets from any website and/or terminate any account for any reason at any time at our discretion without prior notice or notification.
- Term; Termination. These terms and conditions are applicable to you upon your access to the site and/or completing the registration process. These terms and conditions, or any part of them, may be updated or terminated by Robly without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
- Notice. Robly may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided.
- Use of Site. Harassment of any type in any form on this site, including via e-mail, chat, or by use of abusive, obscene, or inappropriate language, is strictly prohibited. Impersonation, including a Robly or other licensed employee, representative, host, site visitor, or member is strictly prohibited. Uploading, distributing, or otherwise publishing content to the site that is libelous, defamatory, slanderous, obscene, threatening, invasive of privacy or publicity, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal act, violate rights, or otherwise result in liability or violation of any law is strictly forbidden. You may not upload commercial content to or use the site to solicit membership for any other commercial services or organizations.
- Participation Disclaimer. Robly does not (and cannot) review all communications and materials posted to or created by users accessing our site and services. We are not responsible for the content of these communications and materials. You acknowledge that because Robly provides you with the power to view and display user-generated content hosted on our site, Robly acts as a passive conduit for such interaction and does not assume any obligation or liability relating to any contents or activities on the site. Robly reserves the right to block or remove any communications or materials we deem to be either
- abusive, defamatory, or obscene
- fraudulent, deceptive, or misleading
- in violation of a copyright, trademark, or other intellectual property
- offensive or otherwise unacceptable to Robly in its sole discretion
- Third-Party Links. Robly may choose to link to sites operated by third parties in an effort to provide increased value to site visitors. Even if the third party is affiliated with Robly, we have no control over these linked sites, which all have different privacy and data collection practices independent of ours. All linked sites are accessed at your own risk. Nonetheless, Robly aims to protect the integrity of the site and all its links–therefore, we welcome any feedback you have about them.