Term and Conditions

Terms of Use

 

This document “Terms of Service for the MailPanda service” (hereinafter referred to as “Terms”) lists the terms governing the relationship between MailPanda (hereinafter referred to as the MailPanda Service) and the customer of the service (hereinafter referred to as “customer”, “user”, “you”).

 

 

Basic Provisions

 

 

MailPanda provides the user with services for MailPanda’s mail service in accordance with the terms set forth herein.

 

Usage of the MailPanda service is governed by applicable laws, anti-spam policies and security policies. The terms of use of the MailPanda mail platform can be corrected or supplemented by the administration without notifying the users, and the changes become effective from the moment the document is placed on the company’s official website.

 

The user agrees to the Terms for using the MailPanda service at the time of registering for the service by creating a personal account. If you do not agree to any of the terms, the administration has the right to deny you the use of the MailPanda service.

 

1.2. Services Provided

 

MailPanda provides the user with access to specialized services, including an email and SMS distribution service, as well as an SMTP service and PUSH notifications.

 

The user has access to the following actions and documents:

 

Account registration for the chosen service with the possibility to change the billing plan or delete the account if necessary.

The right for technical support.

Access to learning materials (MailPanda support articles).

The possibility to request additional services at an additional charge.

Guarantee that the user’s personal information, as well as information on mailing lists uploaded to the customer’s account, will be kept confidential.

1.3. User Registration

 

Account” means the user’s account on their personal control panel on the MailPanda mail platform. Registration takes place on the official website at https://MailPanda.co/

 

During registration, the user fills in the required fields with personal information (name, email address, phone number) and specifies a password that the user will later use to log in to their account. The user cannot give his username and password to a third party. The user is fully responsible for the security of their username and password.

 

All personal information is subject to the use of the MailPanda service and may be used by employees of the service to contact the user.

 

The user is obliged to provide valid information during the registration process: customers who provide invalid contact information will be deprived of the use of the service. Service employees have the right to demand that the customer confirm their personal information in order to determine its validity.

 

Attention! It is strictly forbidden to register multiple free accounts. It will be enough for you to have 1 free account to evaluate the characteristics of the service.

 

1.4. Payment for services

 

After going through the registration process, all customers of the MailPanda service become users of the free plan provided by the service. You can still be a user of the free plan if you accept the conditions and the limited number of mailings that can be sent. Transitioning to a paid plan or renewing your account means you are satisfied with the quality of service.

 

The service provides a set of billing plans. The user has the right and ability to change their billing plan to a more convenient plan at any time. All operations to change the billing plan (or pay the plan) are performed by the customer on their account.

 

Payment for any billing plan or additional service must be 100% prepaid. The payment procedure is as follows:

 

The user places his order on the official MailPanda website or on his account for the service.

The service administration will send the user an invoice for the payment. If the user does not pay the invoice within the designated period, it can be cancelled.

Payment must only be made through one of the means specified by the MailPanda service (PayPal, bank deposit, Efecty, credit card, invoice and all types of payment from PayU Latam).

After payment, funds will appear in the user’s account within 30 minutes (for electronic payments) or within 3 business days in the case of an invoice. If payment has been made for additional services, these will also be available to the user after receipt of payment.

 

Within 30 (thirty) days from the time you pay for the service, you have the right to request that MailPanda reimburse any remaining funds that have not been spent for the use of the service in the given period. When making such a request, you must provide a valid reason for reimbursement of these funds. When processing refund requests, the MailPanda service follows its Refund Policy.

The User’s account

2.1. Create an account

 

After going through the registration process (section 1.3), an account is automatically created for the user. All actions related to emails, billing plans and payments will be carried out from this moment through the account.

 

2.2. Personal Account Information

 

Upon registration, the user provides a personal email address that will be used as a user name and a personal password to access the service. This information is strictly confidential, will be kept in encrypted form and will not be transmitted to third parties.

 

In addition, the service requires the user to complete an extended form with personal data that the customer can use when working with emails (“variable substitution”). The data provided when completing this form is also subject to the privacy policy.

 

2.3. Account Administration

 

Sending emails, displaying statistics, changing the billing plan, creating email templates: all these actions are carried out by the user in their account. The user also uploads the addresses of the mailing list recipients to his account to create address books. All uploaded email addresses are considered the property of the user and are confidential information that is protected by the Privacy Policy of the MailPanda service.

 

The service administration has the right to track the user’s activity and, in case the user is suspected of sending spam, temporarily block the account. All administrative actions are governed by the Anti-Spam Policy, which the user consents to during account registration.

 

2.4. Account Deletion

 

The user has the right, at any time, to request the deletion of his account. The remaining funds in the account will not be refunded unless there are special reasons for a refund.

 

The company will not refund money to users blocked for violating the Antispam Policy. In making its decision, the MailPanda service is governed by its Anti-Spam Policy.

 

Emails

MailPanda is an email, SMS and PUSH notification service, as well as a service for sending email communications through an SMTP server. The user has access to the service through his customer account.

 

3.1. Creating e-mails

 

E-mails include the communications that have been developed, as well as address lists and the process of sending e-mails to subscribers. The user creates the template for these communications by choosing options provided by the service; uploading images and writing text.

 

The user is fully responsible for the context of the emails, which in turn must correspond to the rules established by the service’s anti-spam policy. Otherwise, the service has the right to suspend the user’s account until it has determined the circumstances.

 

3.2. Mailing lists

 

A user of the MailPanda service has the right to send communications only to people who have given their consent to receive communications from him/her. The user must receive the consent of the recipients personally. At the request of the administration of the service, the user must provide corresponding proof of the consent of the recipients.

 

The user must guarantee subscribers the possibility of opting out of receiving further communications (through the presence of an unsubscribe link in the email) and will also be obliged to enter the list of subscribers or remove the users who expressed their desire to opt out of receiving emails.

 

The use of illegally obtained subscriber databases and the distribution of spam through the MailPanda service is strictly prohibited.

 

3.3. Sending emails

 

An email/SMS campaign created by the user is programmed to be sent through the service. Each email is queued to send and passes through a moderation process.

 

Moderation consists of a verification of emails made by service employees to ensure that the subscriber base is real (if recipients are suspected of not agreeing to receive emails) and that the content of the emails corresponds to all the rules and regulations of the Anti-Spam Policy.

 

Moderation and mailing time will take a maximum of 24 hours.

 

In the event that a mailing does not exceed service moderation, this will be communicated to the user and action will be taken to remove the grounds for refusing the mailing, or the user’s account will be blocked until circumstances are determined.

 

Each mail will contain a unsubscribe link, providing a way for subscribers to opt-out of further communications. The link may not be removed or hidden. If the user does not insert an unsubscribe link in an email, the service will automatically add its own standard link to the email, and the user’s actions will be interpreted as contrary to the MailPanda Mail Service Rules.

 

3.4. Delivery of emails

 

The timing of mailings to their recipients varies depending on a number of factors and circumstances. MailPanda’s mail service will not be responsible for mailings not being delivered to recipients to the same extent, as well as for any delay in delivery.

 

Messages may be left unpublished or delayed for the following reasons:

 

The subscriber’s mobile phone is switched off or outside the mobile operator’s coverage area.

The subscriber’s mail service uses an automatic method of blocking spam known as a “grey list” and reports that it refuses to accept the email.

The email service rejects the email after identifying its content as spam (based on the given server’s anti-spam policy and its understanding of the word “spam”).

The subscriber’s inbox is full or the recipient’s email server is experiencing technical difficulties.

The recipient’s mail server rejects the email due to blocked links (i.e., URL in a blacklist or playlist).

Mail cannot be delivered due to adverse natural conditions or other force majeure circumstances, which could have an adverse effect on the operation of MailPanda hardware and software.

Additional Services

The range of additional services includes services that are not provided by the basic functionality of the service.

 

Additional MailPanda services include:

 

Services of a designer to create a brand design for emails.

Learning skills in the MailPanda support articles.

All additional services are paid in addition to the cost of activating a billing plan (with the exception of the free plan). These services are provided subject to additional terms set forth on the company’s official website or in specialized documentation on additional services.

 

Obligations of users of the MailPanda delivery service

The user is obliged to do the following:

 

  • guarantee the confidentiality of your user name and password to access your account in the service, and not to allow third parties to use your account
  • provide valid personal data for the service
  • Take responsibility for the validity of all information you upload to your account at the postal service
  • Not to use an illegally purchased or obtained subscriber base for mailings
  • Not to use the service’s online platform to send spam
  • To create mail in accordance with the terms of the Anti-Spam Policy and the MailPanda Mail Service Terms of Service. If the user violates the Terms of Use or other service requirements, the administration has the right to suspend or completely delete the user’s account until the incident is resolved.
  • providing recipients with the option to opt-out of receiving mail at any time
  • refraining from speaking rudely and obscenely when communicating with service employees

 

The user has the right to disagree with the terms to use in the service. In that case, the user will be denied further use of the MailPanda mail service.

 

Obligations of the MailPanda sending service

MailPanda’s mail service is obligatory:

 

Provide the user, in accordance with the Terms of Service, access to the online platform immediately after the user has registered for the service.

Provide the user with the necessary functionality to create and send emails.

Ensure constant access to the online platform with the username and password.

 

To provide the possibility to test the service before the payment of services.

To present a variety of billing plans without limiting the user’s choice of a billing plan.

Notify users of changes to billing plans.

The administration reserves the right to make changes to the interface and functionality of the MailPanda online platform and billing plans without notifying the user of this in a mail.

 

The administration reserves the right to unilaterally modify the Terms of Use for the MailPanda mail service without prior notice to the user. The updated Terms of Service for MailPanda’s mailing list service will become effective from the moment they are placed on the company’s official website.

 

Restrictions

The MailPanda mail service administration has the right to prohibit (or limit) any of the users the actions listed below, as well as actions that, in the opinion of the employees of the service, violate the MailPanda Terms of Service.

 

You are prohibited from uploading and using any list of email addresses or phone numbers that have been purchased or obtained illegally (including through the use of specialized programs to search for contact information).

The user is prohibited from storing, processing or disseminating any information through MailPanda’s mail service that is contrary to the Service’s Anti-Spam Policy or that violates Colombian laws or the laws of the recipient’s or sender’s country.

The administration of the service prohibits and will punish any attempt by a user to collect information from the service or from the official website of the company.

The user is prohibited from copying or using for commercial purposes any part of the service or access to it. If you wish to make use of them, you must contact MailPanda’s support to acquire its official reseller platform.

The user does not have the right to provide a third party with their credentials to access the account, nor to register with another person’s name without their knowledge and consent.

The user is not allowed to use any means, including fraudulent or illegal means, to attempt to obtain personal information from other MailPanda customers.

You are prohibited from sending mail to recipients who have not consented to receive such mail. The user is also prohibited from sending information that violates a person’s rights and freedoms.

Disclaimer of Warranties and Liability

The service administration is not responsible for the user’s actions as a result of misunderstanding or misunderstanding of the Terms of Service for the MailPanda mail service.

 

The MailPanda service does not guarantee the recipients of mailings, sent through its service, the accuracy of the information they receive. The service only provides tools and services for sending mass emails. The user is responsible for the legality and accuracy of any information sent by the user through the service. The administration of the service has the right to call the user to represent its actions if it believes they are contrary to the MailPanda Mail Service Terms of Service.

 

Anti-Spam Policy

8.1. General terms and conditions

 

We believe that e-mails and SMS are attractive tools for sending useful information.

Any registered user of MailPanda can send emails, SMS, PUSH notifications and SMTP transactional emails to friends, family, colleagues, customers, contacts, etc. using our service.

 

MailPanda strictly prohibits any SPAM messages sent from our service at any time.

 

8.2. Our definition of illegally collected mailing lists

 

A mailing list is legitimate if the recipient agreed to receive emails from you.

 

The illegal ways to collect mailing lists are:

 

Renting/buying email addresses from a third party.

Collection of yellow pages, online directories, etc.

Receive emails with the help of an email extraction program.

MailPanda SMTP strictly prohibits any SPAM message sent to email from our service at any time.

 

8.3. Our definition of Spam Mail Email Spam

 

We believe that unsolicited, unexpected, or unwanted e-mail messages are sent to e-mail recipients to extract their valuables or confuse them.

 

E-mail messages must comply with the following principles:

 

No false, invalid, or misleading information should be sent in the subject line or body of the e-mail message using the MailPanda service.

No e-mail message should be sent to the recipients of the e-mail without obtaining their prior consent.

The text displayed must clearly indicate or illustrate the service that is being offered.

Marketing campaigns should clearly identify who provides the service (originator) and clearly state the expense of the service promoted.

It is strictly forbidden to send messages to illegally collected mailing lists via MailPanda’s SMTP and Email Marketing servers.

 

8.4. Our definition of SMS Spam

 

We believe that unsolicited, unexpected, or unwanted SMS text messages are sent to the mobile subscriber to remove or confuse their valuables.

Our users specifically agree NOT to use the MailPanda service to send SPAM. Your SMS messages must comply with the following principles:

 

You can not send false, invalid or misleading information in the subject or body of the SMS message using the MailPanda service.

SMS should not be sent to mobile subscribers without their prior consent.

The text displayed must clearly indicate or illustrate the service being offered.

Marketing campaigns must clearly identify who provides the service (originator) and clearly state the expenditure of the service promoted.

It is strictly forbidden to send messages to illegally collected mailing lists through Clickpanda SMS servers.

 

8.5. What content is prohibited?

 

Our Service does not allow spam or any kind of offensive or illegal content.

 

We do not send:

 

Emails / SMS that violate the CAN-SPAM Act.

Sexually explicit messages.

Marketing emails / SMS to a list of people without your permission (unsolicited commercial email).

We review each profile to make sure it complies with our terms of service, which helps us maintain delivery capacity for all of our customers.

 

Please understand that some industries or “niches” return more complaints of abuse and spam than average. We cannot jeopardize the reputation of our server, which affects every email profile.

 

Our service does not accept email campaigns, which offer types of services, products or content listed below:

 

Direct and online pharmaceutical sales, including, but not limited to, sexual health and wellness products, prescription drugs, and counterfeit drugs.

Work from home, earn money online and generate generation opportunities (“get rich fast”, “create wealth”, “financial independence”).

Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting.

Mortgages and loans.

Nutritional, herbal and vitamin supplements.

Novelty articles or references for adults.

Illegal goods, software or pirated media.

Gambling services, including, but not limited to, online poker, casino games, college events, and professional sports.

8.6. Enforcement of anti-spam policies

 

Any evidence from users who do not adhere to this anti-spam policy will result in immediate disconnection from the user’s spamming, suspension of the service, and could also freeze all money to ensure the immediate end of the violation until the details are clarified.

 

8.7. Your right to cancel / money back guarantee

 

You can unsubscribe from your account in the MailPanda service only until you have sent 100 emails, PUSH notifications, SMS or SMTP messages. If it is exceeded, the user account is considered to be fully functional and no refunds will be allowed. If your account is cancelled or suspended due to SPAM claims, no refund will be allowed. See our refund policy for details.

 

If your account is cancelled or suspended due to SPAM claims, no refund will be allowed.

Make sure that all recipients are permission-based emails (optional emails), i.e., agree to receive your emails.

It is strictly forbidden to send emails to the list of email addresses automatically generated by the extractor program.

 

Similarly, it is not permitted to use purchased email addresses for bulk mailings.

You must ensure that your e-mail message complies with the requirements of the CAN-SPAM Act: pay attention to the statement that each e-mail message you send for advertising, commercial and informational purposes must contain your valid physical address.

We reserve the right to stop providing service and block your user account if even one of your email campaigns has excessive complaints.

Accounts blocked due to excessive claims are rejected for a refund.

 

The limit of non-existent addresses is 10%. If you exceed the number of invalid addresses (non-existent, non-active addresses), service moderators may block the email campaign. If you want to avoid blocking, check the validity of the addresses using any service/software before loading the address into MailPanda. MailPanda does not provide any validation services.

 

We understand that there may be a certain number of complaints if you send bulk emails. In accordance with the Terms and Conditions of our Service, we specify a permitted level of complaints of around 0.6% -0.9% for each email campaign sent to a single email address book. In addition, we take different factors into account, such as the number of emails sent, as well as the rate of complaints and types of claims. However, if your email campaign gets a proportion that exceeds the allowed level, we reserve the right to block or cancel your account without a refund.

 

8.8. SPAM and Abuse Reports

 

Tell us about any abuse or unsolicited/unwanted messages. In your email, attach the spam, including the date and time you received the message. Send your report to soporte@mailpanda.co

 

Please note that we do not knowingly do business with any company or individual that sends unsolicited messages.

 

Final Provisions

By registering for the MailPanda mail service, you automatically agree to the Terms of Service and agree to the Spam Protection Policy and the Privacy Policy of the service.

 

The relationship between the company and the user regarding the provision of services for the MailPanda mailing list service is governed by Colombian law, as well as by the law of the country in which the user resides and other laws.