Terms of Use

Please read these Terms carefully as this is a legal agreement. You are agreeing to these terms by using WordFly or by signing up for an account. WordFly (“WordFly” or the “Service”) is an email and SMS service offered through the URL www.wordfly.com (the “Website”) that allows you to create, send, track and/or manage email and SMS messages (each message is called an “Email” or “SMS”) to individual recipients. WordFly is owned and operated by POP, Inc., a Washington corporation (“WordFly,” “we,” or “us”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “User” according to this agreement (or “you” or “your”). These Terms of Use (“Terms,” including our Privacy Policy, and Acceptable Use Policy) describe the terms and conditions under which you are allowed to use WordFly and how we’ll handle your account while you’re a User. Please contact us if you have any questions.

Your Account

1. Minimum Requirements

We have eligibility requirements to be a User of WordFly. You must:

  1. Be at least eighteen (18) years old and able to enter into contracts;
  2. Agree to the Terms; and
  3. Provide up to date and accurate contact information.

You represent and warrant that you meet all the requirements listed above by using WordFly, and you will not use WordFly in a way that violates any laws or regulations. We may refuse service, close accounts of any Users, and change eligibility requirements at any time.

2. Term of Agreement

The Term of this Agreement begins when you have an active WordFly account and continues as long as you use the Service. By clicking the “I Agree to these Terms” button, you’ve officially “signed” the Terms. If you sign up for a WordFly account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

We may modify the provisions of these Terms. Any changes will be posted to this Website. The new provisions will be effective as soon as they are posted or the notification email is sent. Your continued use of the Website following posting of the changes will mean that you accept those changes. If we make any material changes, we will send a notification of the changes to all WordFly Users to the email address provided to us when they registered prior to the change becoming effective.

3. Termination of Your Account

You or WordFly may terminate this Agreement for any reason and at any time by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. Once terminated, you will no longer have access to your account and we may permanently delete your account and all the data associated with it, including, but not limited to, your Emails, SMS, assets, content, campaign results, and users’ access from our Website.

If you do not log in to your account and/or send Email or SMS for a period of six or more months, your account will be deemed "inactive" and (without any requirement of further Notice) we will terminate your account and may permanently delete all data (including, but not limited to, your Emails, SMS, assets, content, campaign results, and users’ access) associated with it. You remain responsible for payment of any outstanding invoices for Services prior to the date of termination.

4. Your Account Access

You’re responsible for keeping your account name and password confidential. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. We will not create additional “users” in your account. All new “users” must be created by a “user” with the appropriate rights. You are also responsible for managing “users” in your account as they leave your organization or for other reasons should no longer have access. If there is any unauthorized use of your account, you will immediately notify us.

Pricing & Payment

5. Pricing Plans

Our charges for our Email and SMS pricing plans are posted on our Website and may be changed from time to time. We may change our fees by posting a new pricing structure to our Website and sending you a notification by email. Changes in email pricing will have a notice period of no less than 90 days before the new pricing is effective. SMS pricing changes are based on pricing fluctuation by Carriers wherein the notice period will be no less than 30 days before pricing is effective.

6. Monthly Email Plan

If you have selected a monthly subscriber plan for Email and any part of a month is included in the Term, then payment is due for the full month. If you go over your sending limit and reach a higher pricing tier, you will be billed at the higher level on the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.

7. Payment

We will invoice you on the first day of each month for all charges incurred during the previous month. All invoices are due NET 30. Accounts in default (more than 45 days past due) are subject to a late fee of US$100.00 per month. We may suspend or terminate an account without prior notice for non-payment.

8. Credit Cards

If you are paying by credit card, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

Rules & Rights

9. General Rules

We have eligibility requirements to be a User of WordFly. You must:

  1. You will not use WordFly to send unsolicited bulk email (Spam), whether for commercial or non-commercial use.
  2. You will only import lists of people who have given you permission to email or SMS them. You will not use purchased, rented, or third-party lists of email addresses or mobile numbers.
  3. You will not violate our Acceptable Use Policy, which is part of this Agreement. WordFly has a zero tolerance spam policy. If you violate any of these rules, we may suspend or terminate your account.

10. Proprietary Rights Owned by You

You represent and warrant that you will not use any material in your Emails, SMS, or for any other purpose unless you are the owner of all proprietary rights to that material (or have been given permission or a valid license from the owner of the proprietary rights) and have obtained releases for all related privacy and publicity rights. Except as described in these Terms and our Privacy Policy, we will never use, sell, or distribute the materials you own.

11. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

12. Access to Data

We reserve the right to delete or archive any data that is more than 12 months old after giving written notice 15 days prior to any deletion or archival of data.

13. Media Hosting

You may only use our bandwidth for your WordFly Emails and SMS. We provide image hosting only for your WordFly campaigns. You may not host images on our servers for any other purpose.

14. Compliance with Laws

In using the Service, you agree that you will comply with all applicable international, federal, state, and local laws. If you are located in the European Economic Area (“EEA”) or sending any form of Email or SMS to residents of the EEA you also warrant and represent that in compiling your Email distribution list, sending Emails or SMS via WordFly 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:

  1. Will have clearly described, and will continue to clearly describe, in writing how you intend to use any data collected, including for sending Emails or SMS if you obtain express consent from your customers and potential customers to use the data in that manner, and include an express consent to transfer the data to WordFly as part of this process, and otherwise comply with whatever privacy policy you have posted.
  2. Have complied, 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 or SMS via WordFly.
  3. Represent and warrant that you have collected, stored, used, and transferred all data relating to any individual in accordance with all data protection laws and regulations relating to the country in which such individual resides and obtained all necessary consents to enable WordFly to receive and process that data and forward communications to that individual on your behalf.
  4. Agree to indemnify and hold us harmless from any losses, including attorney fees, resulting from your breach of any part of the foregoing warranties.

Liability

15. Limitation of Liability

You assume full responsibility and risk of loss resulting from your use of the Website and Services. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the services for the one month period ending on the date a claim is made.

16. Disclaimer of Warranties

To the maximum extent permitted by law, the website and services are provided on an “as is” basis. We provide no warranties whatsoever and we do not make, and hereby disclaim, any and all other express and/or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and any warranties arising from course of dealing, usage or trade practice.

17. Indemnity

You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by You, or any individual using Your password, of any of the terms of this Agreement.

18. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

Miscellaneous

19. Assignments

You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.

20. Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Washington and both Parties consent to jurisdiction and venue in the state and federal courts sitting in King County, Washington. The Parties also waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either Party in the manner authorized by applicable law or court rule.

21. Force Majeure

We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third-party internet service providers.

22. Survivability

The following sections in this Agreement shall survive expiration or termination: Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, Disclaimer of Warranties, Indemnity, Applicable Law and Jurisdiction, Severability, and Entire Agreement.

23. Severability

The unenforceability or invalidity of any term shall not affect the validity or enforceability of any remaining terms.

24. Amendments

Any changes to these Terms will not be effective until the revised Terms are posted on the Website. Additional terms may apply to certain features of the Service (the "Additional Terms"). When you enable the feature, the Additional Terms will be considered a part these Terms.

25. Further Actions

You agree to execute and provide all documents and take any other actions reasonably required to meet your obligations under these Terms.

26. Notices

All notices and requests in connection with this Agreement will be effective when we send it to the last email or physical address you provided. Any notice to us will be effective when received either by messenger, delivery service, or in the United States of America mails, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Attn. WordFly, POP Inc., 1326 5th Avenue, Suite 800, Seattle, WA 98101 USA or any addresses we may later post on the Website.

27. Requested Changes to Terms

The Terms outlined in this agreement cannot be modified for any one User or Account due to the numbersingle of Users using WordFly. Managing individual changes is logistically impossible so there will be no exceptions to allowing changes.

28. Entire Agreement

These Terms, our Privacy Policy and Acceptable Use Policy (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and understandings between you and us and supersede all prior agreements, representations, and understandings.

Thank you for thoroughly reading the Terms. We'd be happy to answer questions you might have. You can contact us at any time.