Brynnam

User Agreement

Introduction

Welcome to Brynnam! These Terms and Conditions govern your use of our email marketing services, website, and any other interactions you have with Brynnam. By accessing or using our services, you agree to be bound by these terms, our Privacy Policy, and any additional terms applicable to certain services. If you do not agree with these terms, you must not use our services. We reserve the right to modify these Terms and Conditions at any time, and it is your responsibility to review them periodically. Your continued use of our services after any modifications indicates your acceptance of the updated terms.

Brynnam provides a range of email marketing tools designed to help businesses create, send, and analyze email campaigns. Our services are intended for use by individuals and businesses who comply with all applicable laws and regulations. By using our services, you represent and warrant that you have the legal capacity and authority to enter into these Terms and Conditions and to comply with all applicable laws and regulations. You also agree to provide accurate and complete information when creating your account and to keep your account information up to date.

We may offer additional features and functionalities from time to time, and these may be subject to additional terms and conditions. By using any new or updated features, you agree to be bound by the applicable additional terms. We also reserve the right to discontinue or modify any part of our services at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our services. Your use of our services is at your own risk, and you are responsible for complying with all applicable laws and regulations.

These Terms and Conditions, together with our Privacy Policy and any additional terms applicable to specific services, constitute the entire agreement between you and Brynnam regarding your use of our services. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. Our failure to enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. Any rights not expressly granted herein are reserved by Brynnam.

Account Registration and Security

To access and use our services, you must create an account with Brynnam. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Brynnam will not be liable for any loss or damage arising from your failure to comply with these requirements.

By creating an account, you represent and warrant that you have the legal authority to enter into these Terms and Conditions and that you are at least 18 years old. If you are creating an account on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and Conditions. You agree to use our services only for lawful purposes and in accordance with all applicable laws and regulations. You are solely responsible for the content you create, send, and manage through our services.

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe that you have violated these Terms and Conditions or engaged in any conduct that may harm Brynnam or our users. Upon termination of your account, your right to use our services will immediately cease, and any content or data associated with your account may be deleted. We will not be liable to you or any third party for any termination of your account or the loss of any associated content or data.

It is your responsibility to back up any content or data that you create or manage through our services. Brynnam does not guarantee the availability of your content or data and will not be responsible for any loss or corruption of your content or data. We recommend that you regularly back up your content and data to prevent any potential loss. If you have any questions about account registration or security, please contact us at support@brynnam.com. We are committed to providing a secure and reliable service and will work with you to address any concerns you may have.

Use of Services

You agree to use Brynnam's services only for lawful purposes and in accordance with these Terms and Conditions. You are responsible for ensuring that your use of our services complies with all applicable laws and regulations, including those related to privacy, data protection, intellectual property, and anti-spam. You agree not to use our services to send unsolicited commercial emails (spam) or to engage in any other activities that may harm Brynnam or our users. You also agree not to use our services to transmit any content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.

You are solely responsible for the content you create, send, and manage through our services. This includes ensuring that your email campaigns comply with all applicable laws and regulations, such as the CAN-SPAM Act, GDPR, and any other relevant anti-spam or data protection laws. You agree to obtain all necessary consents from recipients before sending them emails and to provide recipients with a clear and easy way to opt-out of receiving future emails. Brynnam reserves the right to review and remove any content that violates these Terms and Conditions or that we believe may harm our users or our reputation.

In addition to complying with these Terms and Conditions, you agree to follow our Acceptable Use Policy, which outlines specific guidelines for the use of our services. This policy includes, but is not limited to, prohibitions on the use of our services to transmit malware, phishing schemes, or other malicious content. You also agree not to use our services to impersonate any person or entity or to misrepresent your affiliation with any person or entity. Violation of our Acceptable Use Policy may result in the suspension or termination of your account and legal action against you.

Brynnam may provide you with tools and resources to help you create and manage your email campaigns, such as templates, analytics, and reporting features. These tools and resources are provided for your convenience and are not intended to replace your own due diligence and compliance efforts. You are responsible for ensuring that your use of these tools and resources complies with all applicable laws and regulations. Brynnam will not be liable for any loss or damage resulting from your use of our tools and resources or your failure to comply with applicable laws and regulations.

Payment and Billing

Brynnam offers a variety of pricing plans for our email marketing services. By subscribing to our services, you agree to pay all fees associated with the chosen plan. Payments are typically billed on a recurring basis, such as monthly or annually, depending on the terms of your subscription. You authorize Brynnam to charge the payment method provided at the time of subscription for all fees incurred under your account, including any applicable taxes. You are responsible for keeping your billing information current and accurate.

If we are unable to process your payment, we may suspend or terminate your access to the services until payment is successfully processed. We reserve the right to change our pricing plans and payment terms at any time, but we will notify you of any changes in advance. If you do not agree to the new terms, you may cancel your subscription before the changes take effect. By continuing to use the services after the changes take effect, you agree to the new pricing and payment terms.

You may cancel your subscription at any time by contacting us at support@brynnam.com or through your account settings. Cancellation will take effect at the end of your current billing period, and you will not be charged for the subsequent period. However, you will not be entitled to a refund for any fees already paid. If you cancel your subscription, you will retain access to the services until the end of the current billing period, after which your access will be terminated unless you renew your subscription.

In the event of a dispute regarding any charges to your account, you must notify us within 30 days of the charge date. We will investigate the issue and work with you to resolve the dispute. If you fail to notify us within this timeframe, you waive your right to dispute the charge. We reserve the right to pursue any unpaid amounts through collections or legal means. You agree to reimburse us for any costs incurred in collecting overdue payments, including legal fees and expenses.

Intellectual Property

Brynnam owns all rights, title, and interest in and to the services, including all intellectual property rights. Our services, website, and all associated content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are protected by copyright, trademark, and other applicable intellectual property laws. You may not use, reproduce, modify, distribute, or create derivative works of any part of our services or content without our prior written consent.

By using our services, you grant Brynnam a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and display your content solely in connection with providing and improving our services. This license allows us to use your content to, for example, provide customer support, improve our algorithms, and offer personalized recommendations. You represent and warrant that you own or have the necessary rights to your content and that your content does not violate the rights of any third party or any applicable laws.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@brynnam.com with the following information: a description of the copyrighted work, a description of where the infringing material is located, your contact information, a statement that you have a good faith belief that the use is not authorized, and a statement made under penalty of perjury that the information you have provided is accurate. We will promptly investigate and take appropriate action.

Any feedback, suggestions, or ideas you provide to Brynnam regarding our services will be considered non-confidential and non-proprietary. By providing feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, distribute, and display the feedback for any purpose. This helps us improve our services and develop new features. We appreciate your feedback and encourage you to share your thoughts with us, knowing that your contributions may help enhance the Brynnam experience for all users.

User Conduct

You agree to use Brynnam's services only for lawful purposes and in accordance with these Terms and Conditions. You are responsible for your conduct while using our services and for any consequences thereof. You agree not to use our services in any way that violates any applicable laws or regulations, including but not limited to, sending unsolicited commercial emails (spam), infringing on the intellectual property rights of others, or engaging in any activity that is harmful, fraudulent, or deceptive.

In addition to the general prohibitions on unlawful conduct, you agree not to: (a) use our services to distribute malware, viruses, or other harmful software; (b) interfere with or disrupt the integrity or performance of our services or the data contained therein; (c) attempt to gain unauthorized access to our services or related systems or networks; (d) use our services to transmit any content that is unlawful, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (e) impersonate any person or entity or misrepresent your affiliation with any person or entity; or (f) use our services for any purpose other than that for which they are intended.

Brynnam reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms and Conditions. This may include reporting your activities to law enforcement authorities, terminating your account, and pursuing any other remedies available to us. We may also remove or disable access to any content that we believe, in our sole discretion, violates these Terms and Conditions or is otherwise objectionable.

We encourage you to report any violations of these Terms and Conditions or suspicious activity to us at support@brynnam.com. Your cooperation in helping us maintain a safe and compliant environment is greatly appreciated. Brynnam is committed to providing a secure and reliable service, and we will take all necessary measures to protect our users and our platform from unlawful or harmful conduct.

Data Protection and Privacy

At Brynnam, we take your privacy seriously and are committed to protecting your personal data. By using our services, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy. We collect information necessary to provide our services, including contact details, payment information, and data on how you use our services. This information helps us improve our services, provide customer support, and comply with legal requirements.

We implement a variety of security measures to protect your personal data from unauthorized access, use, or disclosure. These measures include encryption, access controls, and regular security assessments. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your data. You are responsible for maintaining the security of your account credentials and for any activities that occur under your account.

You have certain rights regarding your personal data, including the right to access, correct, or delete your data, and the right to restrict or object to certain processing activities. You can exercise these rights by contacting us at support@brynnam.com. We will respond to your requests in accordance with applicable data protection laws. If you believe that we have violated your privacy rights, you have the right to lodge a complaint with a data protection authority.

Brynnam will only retain your personal data for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. When your personal data is no longer needed, we will take steps to ensure that it is securely deleted or anonymized. For more information about our data protection practices, please refer to our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

Third-Party Services

Brynnam may integrate with or provide links to third-party services to enhance your experience. These third-party services are not under our control, and we are not responsible for their content, policies, or practices. By using third-party services through our platform, you agree to comply with the terms and conditions and privacy policies of those services. You acknowledge and agree that Brynnam is not liable for any loss or damage arising from your use of third-party services.

We may also use third-party service providers to perform certain functions on our behalf, such as payment processing, data analysis, and marketing. These service providers have access to your personal data only to the extent necessary to perform their functions and are contractually obligated to protect your data and use it only for the purposes for which it was disclosed. We take reasonable steps to ensure that these third-party service providers comply with applicable data protection laws.

If you access our services through a third-party platform, such as a social media network, you may be required to provide your login credentials for that platform. By providing your login credentials, you authorize us to access and use your information from that platform in accordance with our Privacy Policy. We are not responsible for the practices or policies of third-party platforms and encourage you to review their terms and privacy policies before using their services in connection with Brynnam.

Brynnam may participate in affiliate marketing programs, where we receive a commission for referrals to third-party products or services. These affiliate relationships do not influence our editorial content or recommendations. We will clearly disclose any affiliate relationships where applicable. By clicking on affiliate links or purchasing products through our affiliate links, you are supporting Brynnam, and we appreciate your support. We are not responsible for the quality, accuracy, or performance of third-party products or services.

Disclaimers and Limitation of Liability

To the fullest extent permitted by law, Brynnam disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Our services are provided "as is" and "as available" without any guarantees regarding uptime, accuracy, or reliability. We do not warrant that our services will be uninterrupted, error-free, or free from harmful components. You use our services at your own risk.

In no event shall Brynnam, its affiliates, or their respective directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our services; (b) any unauthorized access to or use of our servers and/or any personal data stored therein; (c) any interruption or cessation of transmission to or from our services; (d) any bugs, viruses, trojans, or the like that may be transmitted to or through our services by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our services; and/or (f) the defamatory, offensive, or illegal conduct of any third party.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law. You agree that any claim or cause of action arising out of or related to these Terms and Conditions or your use of our services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms and Conditions reflect a reasonable and fair allocation of risk between you and Brynnam and are an essential basis of the bargain between us. Without these limitations, we would not be able to provide our services to you on the same terms. If you are dissatisfied with any aspect of our services or these Terms and Conditions, your sole and exclusive remedy is to discontinue using our services.