Scope of Services
- Email Love LLC will provide access to and support for the Email Love Figma plugin as per the terms outlined in individual Statements of Work (SOW) or Orders.
- Any additional services related to plugin customization, support, or maintenance will be defined in respective SOWs.
Intellectual Property (IP) Rights
- Email Love LLC retains all IP rights to the Figma plugin and related materials.
- Client is granted a non-exclusive, non-transferable license to use the plugin per the scope defined in each SOW.
Confidentiality
- Both parties agree to keep confidential all proprietary information disclosed during the term of this agreement.
- Confidentiality obligations will survive for [X] years post-termination.
Acceptable Use Policy
This Acceptable Use Policy (the “Policy”) sets out the rules governing the use of our web services and any content submitted by you to the Service as outlined in the Terms of Service: www.emaillove.com/terms.
By using the Service, you agree to the rules set out in this Policy.
Email, Permission Practices, Image Hosting, and Prohibited Content
- Delivery of Service: Use of the Email Love Figma plugin is immediate and accessed via the www.emaillove.com account login area.
- Subscriber Opt-Out: Every email message sent in connection with the Service must contain an “unsubscribe” link that allows subscribers to remove themselves from your mailing list and a link to the current Privacy Policy. Each link must remain operational for 30 days after the date you send the message, and must be in form and substance satisfactory to Email Love LLC. You acknowledge and agree not to remove, disable, or attempt to remove or disable either link. You must monitor and process unsubscribe requests within ten (10) days of submission and update email addresses in your Email Love LLC account. Under the Privacy and Electronic Communications (EC Directive) Regulations 2003, you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.
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Permission Practices
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You agree to import, access, or use only Permission-Based Lists (where end-user consent to receive emails has been obtained) in connection with your use of the Service. You agree not to use any other lists. Specifically, you agree not to use the Service to send any commercial electronic mail message (as defined in the CAN-SPAM Act of 2003) to anyone who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting.
- Documents and Images
- Documents and images hosted by Email Love LLC on its servers may only be used in connection with the Service and for no other purpose. To the extent that you use images provided by Email Love LLC, you are granted a limited, non-exclusive, non-transferable right to use the images in an unaltered state solely in connection with your use of the Service.
- Prohibited Content
- Email Love LLC prohibits the use of the Service by any person or entity that:
- Provides, sells, or offers to sell pornography or illicitly pornographic products, escort services, dating services, adult promotions, illegal goods, illegal drugs, pirated computer programs, or instructions on how to assemble bombs, grenades, or other weapons.
- Displays or markets material that exploits or harms children under 18 years of age.
- Provides content associated with unsolicited commercial email (spam), such as pharmaceutical sales, work-at-home businesses, credit or finance management, betting/gambling services, and similar services.
- Provides content that is grossly offensive, including expressions of bigotry, racism, or hate, or posts any obscene, violent, or otherwise objectionable content.
- Posts or discloses private information about children without parental consent.
- Introduces viruses, worms, harmful code, or Trojan horses.
- Promotes, solicits, or participates in pyramid schemes, MLM, or “get-rich-quick” offers.
- Engages in any libelous, defamatory, scandalous, or harassing activity.
- Posts content that promotes or encourages violence against individuals or groups, or provides assistance in such actions.
- Markets to third-party voter registration lists.
- Provides content, including images, of authors or creators without express written consent from the content owner.
- Right to Disable Access or Remove Content: Email Love LLC, at its discretion, may immediately disable your access to the Service or remove all or part of your content, without refund, if Email Love LLC believes you have violated any part of this Policy or Agreement.
Limitation of Liability
- Email Love LLC’s liability is limited to the amount paid by the Client for the services within the last 12 months.
- Neither party is liable for indirect, incidental, or consequential damages arising out of this Agreement.
Warranties and Disclaimers
- Email Love LLC’s Warranty: The plugin will substantially perform as described, given proper installation and operation.
- Disclaimer: Except as explicitly stated, Email Love LLC disclaims all warranties, express or implied.
Indemnification
- Client’s Indemnity: Client agrees to indemnify and hold harmless Email Love LLC from any claims arising out of Client’s misuse of the plugin or violation of the Acceptable Use Policy.
- Service Provider’s Indemnity: Email Love LLC agrees to indemnify Client against any claims that the plugin infringes a third party’s IP rights.
Dispute Resolution and Governing Law
- Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of [State], USA.
- Dispute Resolution: The parties agree to negotiate in good faith to resolve any disputes. If unresolved, the dispute may be submitted to mediation or arbitration in [Jurisdiction].
Miscellaneous
- Assignment: Neither party may assign this Agreement without the prior written consent of the other.
- Entire Agreement: This MSA and any accompanying SOWs represent the entire agreement between the parties.
- Amendments: Any changes to this Agreement must be made in writing and signed by both parties.
