Terms of Use

Updated June 28, 2024

By using OptiMail Pro, you agree to the terms of this agreement. By checking the box, clicking the button next to the agreement link on our sign-up pages, executing an order form or statement of work that references this agreement, signing up for an account, logging in to your account, or accessing any part of the services (including through any API interface), you, as a customer or a representative of an organization that is a customer (collectively, "you"), confirm and warrant that: (1) you have read, understood, and agree to be bound by this agreement; (2) you are at least 18 years old; (3) the information you provided during registration is true, accurate, current, and complete; and (4) you have the authority to enter into this agreement personally or on behalf of the organization you represent, binding the organization to this agreement. By making these representations and warranties, you are entering into a legally enforceable agreement.

We reserve the right to update this Agreement at any time by posting a revised version, which will take effect immediately upon posting or on the effective date specified. These changes will apply to all ongoing or new use of our Services. Additionally, we may modify or discontinue any aspect of the Services at any time. If you disagree with the terms of this Agreement, you must stop using the Services immediately. Continued use of the Services implies acceptance of the updated terms. We recommend checking our website regularly for the latest Agreement.

Furthermore, we may refuse service, close your accounts or those of any Authorized Users, and change eligibility requirements at our sole discretion.

DEFINITIONS

For the purposes of this Agreement, the following capitalized terms shall have the meanings specified below. Whenever the words "include", "includes", or "including" are used in this Agreement, they shall be interpreted as "without limitation".

“Agreement” refers to these Terms of Service and any guidelines, rules, or operating policies posted on our website(s), including our Acceptable Use Policy, Privacy Notice, and any other policies referenced herein, all of which are incorporated by reference and may be amended, supplemented, or modified periodically.

“Optimail Pro”, "we", "us", or "our" refers to Optimail Pro and HQM Media, LLC or its applicable subsidiaries.

“Intellectual Property Rights” encompasses all intellectual property, industrial property, and other proprietary rights worldwide, including rights related to patents, patent applications, inventions (patentable or not), invention disclosures, trade secrets, know-how, proprietary information, works of authorship, copyrights, mask works, moral rights, trademarks, service marks, software, data, technology, layout designs, design rights, and all registrations, applications, renewals, extensions, or reissues of any of the foregoing.

"Order Form" refers to the form that evidences the initial order for Services, including any addendum or online confirmation form, and any subsequent orders separately entered into by you and us. Each Order Form shall be incorporated into and become a part of this Agreement.

“Professional Services” collectively refers to any consulting, marketing, managed design, customizations, and development services specifically outlined in a Statement of Work.

"Services" collectively refers to all our products, services, and related offerings, features, and functionalities, including email and digital marketing services, Website Builder, our website and any related sub-site, user interface designs, applications (including our mobile application), processes, software, source code, application programming interfaces, systems accessible through any media or device, images available through any email or website builder tools, designs, templates, text, graphics, video, information, audio, other files, support, additional services, and all related materials and documentation, including any enhancements and modifications provided by or on behalf of us to you pursuant to this Agreement.

“Statement of Work” refers to a statement of work or similar document mutually agreed upon by the Customer and us for the provision of Professional Services, governed by this Agreement.

Provision of Services

1.1 Access. Under the terms and conditions of this Agreement, you are granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable worldwide right to access and use the Services. We may, at our discretion, allow you to authorize additional users to access your account(s). As the "Account Owner," you are responsible for any users you authorize, referred to as "Authorized Users." If applicable, Authorized Users designated as administrators can perform administrative duties, enter into binding agreements, and accept Fees (as defined below) on your behalf. You are accountable for all activities under your account(s), including ensuring each Authorized User complies with this Agreement.

1.2 Restrictions. You, nor any Authorized User or third party, are not permitted to: (a) modify, adapt, alter, translate, or create derivative works of the Services; (b) sublicense, lease, rent, loan, distribute, or transfer the Services to any third party; (c) reverse engineer, decompile, disassemble, or determine the source code (or underlying ideas, algorithms, structure, or organization) of the Services, except as explicitly permitted by law (and only with prior written notice to us); (d) tamper with, bypass, delete, or disable any copy protection or security mechanisms of the Services; (e) use or demonstrate the Services in a manner that competes with us; (f) remove any proprietary rights notices from the Services; (g) attempt to gain unauthorized access to, or disrupt the integrity, performance, or security of the Services or their data; (h) probe, scan, or test the vulnerability of any Service or breach security or authentication measures without proper authorization; (i) use or copy the Services, except as expressly allowed herein; or (j) use the Services in violation of our Acceptable Use Policy.

2. Use of the Services
2.1 General Rules of Use By agreeing to this Agreement, you commit to adhering to our Acceptable Use Policy and the following guidelines when using our Services:
(a) Do not use our Services to send spam.
(b) Do not use our Services to promote or incite harm, discrimination, hate, or harassment. We reserve the right to suspend or terminate your account if, in our sole discretion, you distribute content that:
(i) Could be perceived as threatening, advocating, or inciting violence or harm.
(ii) Could be perceived as harmful, threatening, harassing, intimidating, abusive, or discriminatory based on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
(c) Do not use our Services if you or your organization publicly endorses hateful content or threats of physical harm. (d) Do not distribute materially false, inaccurate, or misleading content that could deceive or confuse others about significant events, topics, or circumstances.
If we determine, in our sole discretion, that you are not complying with this Section or our Acceptable Use Policy, we may terminate your access to the Services, disable your account, and/or remove your content without notice, liability, or refund.
2.2 Username and Password You are responsible for securing your account, usernames, passwords, and files. Do not share your username or password. You authorize us to act on instructions believed to be from you or your authorized users. You are liable for all activities under your username and the actions of your authorized users. Notify us immediately of any unauthorized use or security breaches. We are not responsible for losses due to stolen or hacked passwords. We can provide instructions on resetting passwords but cannot access your current password. We may update your contact information for billing purposes and contact you or your authorized users based on account information.
2.3 Account Disputes Do not request access to or information about accounts that are not yours. Resolve disputes directly with the other party. We determine account ownership based on content and profile information. If ownership is unclear, you may need to resolve the dispute outside the Company. We may suspend accounts involved in disputes to protect data security and privacy until the dispute is resolved.
2.4 Equipment You are responsible for obtaining and maintaining the necessary equipment and services to use the Services, including hardware, software, and networking tools. You must also secure your equipment and are responsible for all uses, with or without your consent.
2.5 Backups You are responsible for regularly backing up your contacts and content. We are not obligated to provide a method for downloading or exporting your contacts and content.
2.6 Footers For every message or campaign sent through the Services, we may add a link or statement such as “Email Marketing by Optimail Pro” in the footer or a similar location.
2.7 Automated Data Collection You consent to us collecting data from your website through automated means for internal business purposes, including providing you with automatic email templates. We will not collect data if your /robots.txt file disallows it.
2.8 Delivery of Content You understand that not all content sent through the Services will be received or viewed by recipients as intended. Content delivery may involve transmission over various networks and may be reformatted to meet technical requirements. Content exceeding character limits may be truncated.
2.9 Assistance We may provide marketing advice, template designs, FAQs, and best practices. This assistance is not legal advice and does not form an attorney-client relationship.

3. Monitoring and Suspension
While we are not obligated to monitor the content you provide or your usage of our Services, including Your Products (as defined below), we may do so at our discretion. We reserve the right, without any liability to you, to immediately suspend, terminate, or limit your access to the Services at any time. This includes deleting or confiscating some or all of your contacts, files, content, and domain name registrations, and terminating this Agreement for any reason we deem necessary. Such reasons may include, but are not limited to:
(a) Your or your Authorized Users’ use of the Services in violation of any applicable laws, regulations, this Agreement, our Acceptable Use Policy, or Privacy Notice.
(b) Unauthorized, inappropriate, or fraudulent use of the Services.
(c) Your use of the Services adversely affecting our equipment or service to others.
(d) A court or governmental agency prohibiting us from providing the Services.
(e) A security incident or other disaster impacting the Services or the security of your account or content.
(f) Non-payment of any amount due under this Agreement within fifteen (15) days of its due date.
Additionally, you understand and agree that we, along with any applicable third party that supports, posts, publishes, or distributes content provided by you, including through Your Products, have the right to reformat, edit, monitor, reject, block, or remove any such content at any time and for any reason.

4. Professional Services
If we agree to perform Professional Services for you at your request, the details will be outlined in a Statement of Work. Each Statement of Work will be governed by this Agreement. In the event of any conflict between this Agreement and a Statement of Work, the terms of the Statement of Work will prevail solely concerning the professional or consulting services described therein.

5. Your Products
5.1 Responsibility for Your Products
You are solely responsible for Your Products, including any injuries, illnesses, damages, claims, liabilities, and costs associated with them. This includes all costs related to procuring and delivering Your Products, such as shipping, taxes, and other fees.
5.2 Customer Interaction and Compliance
You are solely responsible for all statements and promises you make, as well as for user assistance, warranty, and support of Your Products. Ensure that you comply with any commitments made to your customers, users, donors, and others. Additionally, you must provide contact information for end-user questions, complaints, or claims. If applicable, ensure that the rules for each promotion (a) clearly state that each participant unconditionally releases us from any liability arising from the promotion, and (b) inform participants that the promotion is not sponsored, endorsed, administered by, or associated with us.

6. Communication With You
6.1 Informational and Marketing Messages
We reserve the right to send you messages to (a) inform you of changes or additions to the Services, this Agreement, or the Fees, (b) notify you of violations of this Agreement or actions related to your use of the Services, or (c) for marketing and other purposes. You may unsubscribe from our marketing communications at any time, but will continue to receive transactional messages from us.
6.2 Telephone Contact
You acknowledge that we may contact you via telephone (using a live person, automatic dialer, prerecorded message, or a combination) to discuss the Services, and you consent to such contact. This consent includes calls to the phone number provided in your account. You do not need to agree to this provision to use or procure the Services. If you prefer not to be contacted by telephone, please email donotcall@optimailpro.com. Upon request, we may also contact you via telephone or text to provide you with your password or other requested information.
6.3 Monitoring and Recording
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control, employee training, and our own protection. You also agree that any authorized users or anyone you authorize to use your account consents to such monitoring or recording. You acknowledge that not all telephone lines or calls may be recorded and that we do not guarantee the retention or retrievability of any specific recordings, nor their availability to you.

7. Intellectual Property
7.1 Ownership and Rights
We retain all rights, title, and interest in the Intellectual Property related to our Services and Professional Services. Except as explicitly stated in this agreement, no licenses or rights, either express or implied, are granted to you concerning the Services or Professional Services. This includes any software, source code, data, or technical materials. Unauthorized use of the Services, including any violation of our Acceptable Use Policy, will result in the automatic termination of your rights to use the Services and Professional Services.
7.2 Customer Data
You retain ownership of all information you provide in connection with your use of the Services, such as contact lists (including email addresses and phone numbers) and other content (such as your website) (collectively, "Customer Data"). You grant us a limited, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform, and display your Customer Data for the following purposes:
(a) To provide the Services under this Agreement.
(b) To develop and enhance our services.
(c) To comply with any court order, legal process, law, regulation, or governmental request.
We may also use and disclose aggregated data that does not identify you or any individual for our legitimate business purposes, such as improving the Services, product development, research, and marketing.
7.3 Customer Data Responsibility
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your Customer Data. It is your responsibility to maintain, secure, and store your contacts and content in compliance with applicable laws and any contractual obligations, including this Agreement.
7.4 Submissions
If you submit any suggestions, business information, ideas, concepts, inventions, or other content to us through the Services or by other means ("Submissions"), you agree that these Submissions are non-confidential for all purposes. You automatically grant us, or warrant that the owner of such content or intellectual property has expressly granted us, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such Submissions in any manner or medium now known or hereafter created.

8. Fees, Payment, and Taxes
8.1 Fees
You agree to pay the fees for the Services as listed in the "Account" section of your account, unless otherwise specified in an Order Form or Statement of Work ("Fees"). We may adjust our Fees at any time by updating the pricing schedule on the Services or your account, and/or notifying you via email. It is your responsibility to review these Fees periodically and be aware of any applicable discounts. You acknowledge that our measurements are the definitive basis for any payment due.
8.2 Disputes
If you have any disputes regarding charges under this Agreement, Order Form, or Statement of Work, you must submit them in writing within sixty (60) days of the charge date. Disputes not submitted within this period will be waived, and all such charges will be final and non-contestable.
8.3 Payment
Fees for the Services are charged in advance unless specified otherwise in an Order Form. Fees for Professional Services are charged as outlined in the Statement of Work. Payments must be made using an accepted payment method and in the available currencies. Checks, including e-checks, may be accepted for prepayments of at least six (6) months. If you pay by credit card, you authorize us to charge your card or other payment method for due amounts automatically. If your card is declined, we will contact you for a new payment method; if your card expires, we will charge it with a later expiration date. Failure to resolve payment issues may result in account termination. Late payments, including those from declined cards, may incur interest at 1.5% per month or the highest legal rate. If we need to initiate a collections process, you will be responsible for all associated costs, including reasonable attorneys’ fees.
8.4 Taxes
"Taxes" refers to all applicable taxes, such as GST, VAT, sales tax, fees, duties, levies, or similar taxes. Unless stated otherwise, Fees are exclusive of Taxes. We will collect the full amount of Taxes from you, and this collection will not affect the amount due to us. You are responsible for paying any applicable Taxes. If any payment to us is subject to withholding tax or any other levy, you will be responsible for the full amount, ensuring it does not reduce the amount due to us. You will reimburse us and indemnify us against any claims by tax authorities related to your non-payment of Taxes, including penalties and interest.

9. Compliance with Laws
9.1 Legal Use Assurance.
You affirm that your utilization of our Services, including any activities related to Your Products, will adhere to all relevant laws and regulations. It is your responsibility to assess the suitability of the Services in light of your legal obligations. The Services must not be used for any illegal or discriminatory activities, such as those prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other applicable commerce laws.
9.2 Minor Data Consent.
If you gather and store personal information of minors within your account, you affirm that you have obtained valid consent in accordance with the applicable laws of the minor’s jurisdiction.

10. Privacy
10.1 Privacy Laws Compliance.
Both parties must adhere to all relevant jurisdictional laws and regulations regarding data protection and privacy. This includes but is not limited to the GDPR, CCPA (as amended by the CPRA), Brazil’s LGPD, and other U.S. federal or state data privacy laws (collectively referred to as "Data Privacy Laws").
10.2 Customer Data Responsibilities.
You guarantee that (a) your collection, processing, and provision of personal information to us complies with Data Privacy Laws, and (b) you will not process personal information through the Services, nor permit us to do so, in violation of any regulatory orders or limitations imposed on you.
10.3 Privacy Notice.
Refer to our Privacy Notice for detailed information on how we collect, use, and disclose personal information, as well as your privacy rights when using the Services.
10.4 Data Processing Addendum (DPA).
If we process your contacts' or customers' personal information protected by Data Privacy Laws as a processor on your behalf, both parties will adhere to the DPA, which is incorporated into this Agreement. The DPA outlines our data protection and security obligations when processing personal information on your behalf.
10.5 Sensitive Information Restrictions.
You must not upload any sensitive information to our servers, including social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, protected health information, or nonpublic personal information. If you are a covered entity under HIPAA and believe that your content may include protected health information, contact us at legal@optimailpro.com to request a Business Associate Agreement (BAA) before using the Services. Regardless of a BAA, this Agreement prohibits importing nonpublic personal information.
10.6 Customer Privacy Notice Requirement.
You must implement and comply with a legally adequate "customer privacy notice," informing your contacts about your data collection and usage practices, including data obtained from us. This notice should align with our Customer Contact Data Notice and comply with Data Privacy Laws. Update your privacy notice as needed to reflect any changes in data use practices.
Feel free to reach out if you need any further adjustments or additional information.

11. Unsubscribe.
Every email sent using our Services must include an “unsubscribe” link, allowing recipients to remove themselves from your mailing list, as well as a link to the current Customer Contact Data Notice description. These links must be operational for at least 60 days from the date the email is sent and must meet our satisfaction in both form and substance. You agree not to remove or disable these links. Unsubscribe requests received directly by you must be processed within 10 days, and you must update your mailing list accordingly. You may not charge a fee, require more than an email address, or impose any additional steps beyond replying to an email or visiting a single webpage to process an unsubscribe request. In compliance with the CAN-SPAM Act and other relevant laws, you are responsible for maintaining and honoring unsubscribe requests even after your account or this Agreement is terminated.

12. Term and Termination
12.1 Term and Automatic Renewal: This Agreement is valid on a monthly basis or for the duration specified in your Order Form (the "Initial Term"). It will automatically renew for additional monthly periods or as outlined in your Order Form (each a "Renewal Term", collectively the "Term").
12.2 Termination: To terminate your account or subscription, you must notify Customer Support at least thirty-one (31) days before the end of the current Term. Except as otherwise agreed in writing, prepaid Fees are non-refundable. We reserve the right to terminate this Agreement at any time without cause. WE ARE NOT LIABLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND/OR SUBSCRIPTION, NOR FOR ANY CHARGES INCURRED DUE TO IMPROPER TERMINATION.
12.3 Effect of Termination or Expiration: Upon termination or expiration of your account and/or subscription, this Agreement and any granted rights or licenses will immediately end. However, (a) all sections that naturally survive termination will remain in effect, including Sections 7-10, 12-15, and 19, and (b) you will still be responsible for redeeming coupons, fulfilling Store Content sales, running Promotions and Deals, and adhering to promises made regarding Donation Campaigns funds. Under the CAN-SPAM Act, Canada’s Anti-Spam Legislation, and the GDPR, you must maintain and honor unsubscribe requests after account termination. If your account remains inactive for over 120 days, we may permanently delete your contacts and content.

13. Indemnification: You agree to defend, indemnify, and hold us, along with our officers, directors, employees, affiliates, subsidiaries, licensors, agents, members, sponsors, investors, and representatives (each an "Indemnified Party"), harmless from any losses, damages, judgments, fines, reasonable attorneys’ fees, and costs. This indemnification applies to any third-party claims arising from or related to:
(a) your actual or alleged breach of this Agreement;
(b) your contacts and content, including the content or effects of any messages you distribute, websites you publish, events you host, surveys you administer, social media campaigns you publish, or Your Products (including claims relating to legal violations, false advertising, injuries, illness, damages, death, taxes, fulfillment, defective products or services, or unclaimed property); or
(c) your use of the Services. Any settlement that does not fully release the Indemnified Party from liability or imposes any monetary, injunctive, or other obligation or restriction upon the Indemnified Party requires prior written approval from the Indemnified Party. The Indemnified Party may participate in the defense of the claim with counsel of its choosing at its expense; however, if you fail to promptly assume the defense or settlement of the claim, the Indemnified Party may assume sole control of the defense at your expense.

14. Representation and Warranties
14.1 You represent and warrant that:
(a) you have all necessary rights and consents to post and distribute Your Products and Customer Data through the Services;
(b) Your Products and Customer Data will (i) not infringe, misappropriate, or violate the Intellectual Property Rights or other rights of any third party, (ii) not constitute defamation, invasion of privacy or publicity, or violate similar rights of any third party, (iii) not be used in any illegal activity or to promote such activities, and (iv) comply with applicable industry standards; and
(c) your use of the Services will not violate any rules, restrictions, policies, or requirements of your email service provider, internet service provider, or other applicable service provider.
14.2 Warranty Disclaimer; Remedies; Release
(i) You expressly agree that the Services (including any custom service offerings) are provided on an "as is" and "as available" basis. Use of the Services, including in connection with Your Products, and any reliance by you upon the Services, is at your sole risk. We do not warrant that the use of the Services will be uninterrupted, error-free, or completely secure, nor do we make any warranty as to the results obtained from their use. We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No statement or information, whether oral or written, obtained from us in any manner shall create any warranty not expressly set forth in this Agreement.
(ii) No claim may be asserted by you against us more than 12 months after the date of the cause of action underlying such claim. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for us to use commercially reasonable efforts to adjust or repair the Services.
(iii) To the extent applicable law permits, you release us from any claims or liability related to: (a) Your Products; (b) any content posted on our Services or in any materials you send using the Services; and (c) any problems arising from remote access to your computers or other systems provided to our personnel or agents for troubleshooting issues. If you are a California resident, you hereby waive California Civil Code Section 1542, and if you are a resident of another jurisdiction, you waive any similar provision in that jurisdiction.

15. Limitation of Liability
15.1 Except in cases of death or personal injury caused by our gross negligence, and to the fullest extent allowed by law, Optimail Pro, including its service providers, business partners, account providers, licensors, affiliates, officers, directors, employees, distributors, or agents (collectively referred to as "Optimail Pro"), will not be liable to you or any other person for any monetary damages. This includes direct, indirect, special, incidental, consequential, reliance, or cover damages, even if Optimail Pro has been advised of the possibility of such damages. This limitation applies regardless of the form of action (contract, tort, including negligence, product liability, or otherwise). The maximum aggregate liability arising from this agreement will be limited to the amount you paid for the applicable services in the twelve (12) months preceding the claim, less any damages previously paid by us to you during that period. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
15.2 You acknowledge that our fees and the terms of this Agreement are based on these disclaimers of warranty and limitations of liability. They reflect an allocation of risk between the parties, including the risk that a contract remedy may fail its essential purpose and cause consequential loss, forming a crucial basis of the bargain between us.

16. Restricted Persons; Export of Services or Technical Data
The Services are subject to U.S. export control and economic sanctions laws and regulations, including those administered by the U.S. Department of Commerce, the U.S. Department of Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of State, and other U.S. authorities (collectively, "U.S. Trade Laws"). You may not use the Services to export or re-export software or technical data in violation of U.S. Trade Laws. By using the Services, you represent and warrant that you are not (a) an individual, organization, or entity located in a country or territory subject to OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea region of Ukraine), (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person, (c) otherwise a prohibited party under U.S. Trade Laws, or (d) engaged in activities related to nuclear, missile, chemical, or biological weapons that U.S. persons are prohibited from contributing to without a U.S. Government license. Unless otherwise explicitly permitted in writing, we do not register, and prohibit the use of any Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any country or territory subject to OFAC sanctions.

17. Third Party Websites and Services
17.1 Links to Third Party Services
Our Services may include links to websites operated by third parties, such as marketing and advertising services, social bookmarking, social network platforms, publication and delivery services, payment processing services, and other intermediaries (each a “Third Party Service”). Some of these services may have partnerships with us, while others may not. We do not control the content or performance of these Third Party Services. We have not reviewed and cannot review or control the materials, including software or other goods and services, available through Third Party Services. We do not represent, warrant, or endorse any Third Party Services or the accuracy, currency, content, fitness, lawfulness, or quality of the information, materials, goods, or services they provide. You agree to assume all responsibility and liability for any damages or other harm resulting from your use of Third Party Services. We may terminate any Third Party Service's ability to interact with our Services at any time, with or without notice, and at our sole discretion, without liability to you or any third party.
17.2 Compliance with Third Party Terms
You agree to abide by the terms and conditions of any applicable Third Party Service (including Facebook, Instagram, Swipe, Google, and Apple). Despite any conflicting terms in your agreement with any third party, you will adhere to this Agreement and will not use any Third Party Service to circumvent the restrictions set forth in this Agreement.

18. Notice and Take Down Procedures
18.1 If you believe that any materials accessible through our Services infringe on your copyright or other intellectual property rights, you can request their removal by contacting our copyright agent (details below). Please provide the following information:
(i) Identification of the copyrighted work you believe has been infringed, including a description and, if possible, a copy or the URL of the authorized version. (ii) Identification and location of the infringing material, with a description and URL or other relevant details to help us locate it. (iii) Your contact information, including name, address, phone number, and (if available) email address. (iv) A statement affirming your good faith belief that the use of the material is unauthorized by the copyright owner, their agent, or the law. (v) A statement that the information provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf. (vi) A signature or electronic equivalent of the copyright owner or their authorized representative. Our copyright agent's contact details are: Compliance Manager OptiMail Pro/HQM Media, LLC 119 W. Gregory Blvd. #8511, Kansas City, MO 64114 Email:
DMCA@optimailpro.com For email submissions, please use the subject line: DMCA Takedown Request.
18.2 To protect copyright owners' rights, we have a policy to terminate accounts of repeat infringers in appropriate circumstances.

19. Miscellaneous
19.1 Full Force and Effect: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that the Agreement remains in full effect and enforceable.
19.2 Entire Agreement: This Agreement, along with any Order Form or Statement of Work, represents the complete and exclusive understanding between the parties, superseding all prior agreements. Any modifications must be in writing and signed by both parties. In case of a conflict between this Agreement and any Order Form or Statement of Work, the terms of the latter shall prevail. No delay or omission by either party in exercising any right or remedy under this Agreement will be considered a waiver.
19.3 Assignment: You may not assign your rights under this Agreement. We may assign our rights to any individual or entity at our discretion.
19.4 Further Assurances: You agree to execute any necessary documents and take actions required to fulfill the purposes of this Agreement.
19.5 Force Majeure: We are not liable for any delay or failure in performance due to circumstances beyond our control, including natural disasters, legal changes, labor disputes, or third-party failures.
19.6 Third Party Beneficiaries: Our business partners, suppliers, account providers, licensors, and affiliates are third-party beneficiaries of this Agreement. No other person has any rights under this Agreement.
19.7 Titles: Section titles are for convenience only and have no legal effect.
19.8 Relationship of the Parties: This Agreement does not create any agency, partnership, or joint venture. Neither party has the authority to act on behalf of the other.
19.9 Attorneys’ Fees: The prevailing party in any enforcement action will be entitled to recover costs and attorneys’ fees.
19.10 Governing Law and Legal Actions: Disputes will be resolved through binding arbitration by the AAA in Kansas City, Missouri, unless otherwise required by the AAA's Consumer Arbitration Rules. Arbitration will be on an individual basis only. This Agreement is governed by Missouri law and the Federal Arbitration Act.
19.11 Equitable Relief: We may seek injunctive relief if you violate this Agreement.
19.12 Additional Information: For questions or to report inaccuracies, contact us at legal@optimailpro.com.