Last modified on: 19.05.2020
The Terms govern your rights and duties concerning your use of the Website and email signature services we provide via the Website. We invite you to carefully read these Terms before using our Website and services.
By accessing our Website, you agree to be bound by the Terms. When you decide to create an account, we will additionally ask you for the explicit consent to these Terms. If you do not want to be bound by the Terms, you should not use the Website.
If you have any questions regarding the use of the Website, these Terms or any services provided by Newoldstamp, just drop us a line at email@example.com. Alternatively, you can use our ‘Contact Us’ form or online chat available on the Website.
At our Website we give you an opportunity to generate email signatures for most of the email agents. Apart from this, we offer our users associated services of running banner campaigns and their analytics, email signatures central management etc. To make it simple, let’s call everything you can get on our Website as Services.
We reserve the right to add new features to the Website at any time. If those newly developed features are not specifically referred to in the Terms, they should normally be considered as covered by the Terms unless it would be unreasonable or unpracticable.
Privacy and Communications
Unless you otherwise request us in writing, you agree to receive in electronic form all the information that we may be required by law to provide to you in writing. In particular, you agree to receive in electronic form all legal and regulatory disclosures and communications, notices and disclosures about a change in the Terms, privacy policies and notices as well as billing statements.
Communications that we may provide to you in electronic form can be provided either via email, by access to the Website or via online chat available on our Website. You agree that these electronic communications satisfy any legal requirement that such communications be in writing. In all cases, we will assume that you are properly notified when we send the communication to the chat with your user account or to email address you have provided us during the registration, or when we post content on the Website.
You should be responsible for keeping your email address updated as well as other account information. You should regularly check the Website for the relevant updates.
If you fail to respond to an email or chat message from us regarding any violation, dispute or complaint within 2 (two) business days, we will have the right to terminate or suspend your use of Services.
Sometimes we may send newsletters and other communication to our Users. We may do so to provide you with the requested Services, enhance user experience and provide you with some useful information, notify you on any updates regarding our Website or Services and inform about our or our partners’ offers. In no case we will overwhelm you with hundreds of letters. But you can choose to stop receiving our emails at any time. If you want to cease this type of communication, simply use “Unsubscribe” button which is present in each of our emails.
Free trials and Purchases
In order to benefit from our Services, you need to create an account on the Website. During the registration, we will ask you for your name, surname and email address. You will also need to indicate your email client and create a password. At your discretion, you may give us your company size and your phone number, as well as select your industry. You should not disclose your sign-in information to any third parties and you should be solely responsible for keeping it secure. Eventually, you also should be responsible for all actions made within your account. You may choose to delete your account at any time. After the deletion, you can change your mind and restore your account within 30 days.
You may use some of our Services for free. Our free Services and deliverables always contain Newoldstamp branding line. In case you remove our branding line, we may terminate the Services and block your email signature.
With our free trial option, you will normally have a limited access to the features of the Website. Any content you upload or create on the Website while using our free Services, as well as any configurations within your Account may be permanently lost at the end of the trial period unless you purchase a Subscription or export such content before the end of such trial period.
Other Services may require you to make a purchase. These Services are available under several subscription plans (‘Subscription(s)’). All updated information on available Subscriptions as well as details on their conditions are available on our Website. We reserve the right to amend and change Subscriptions and their conditions as well as to create new Subscriptions and cease others at any time. This, however, will not influence your current Subscription within a pre-paid period.
Payment for the Subscription
Our Services within a chosen Subscription will become available for you only after the payment is made in full. You may choose a payment method from those proposed on the Website. Please take into account that all payments are carried out by the intermediary services and not Newoldstamp itself.
We recommend that you carefully read the terms of service provision of the selected financial intermediary, as well as its privacy policies. Please pay attention that your relations with such financial intermediary are governed by a separate agreement.
The available scope of the Services within each of the Subscriptions is automatically renewed according to the conditions of the chosen Subscription (e.g. monthly, quarterly or annually). The respective payment will be carried out unless you decide to cancel or change your Subscription prior to the payment date.
By making the payment for the Services, you consent and authorize Newoldstamp (or our financial intermediary) to automatically debit your credit card or another authorized payment method used for the payment in order to carry out future payments according to the conditions of the chosen Subscription.
You should bear all costs charged by your bank (or financial intermediary) as may be necessary to enable the respective transaction.
After each successful payment, we (or our financial intermediary) will send you a receipt. A failure of payment may lead to cancellation of your Subscription without prior notice to you.
You are free to cancel or change (both upgrade and downgrade) your Subscription at any time. To do so, you need to send a respective email at firstname.lastname@example.org. When you request us to upgrade your current Subscription, we will charge you with the difference in price between your current and the newly chosen Subscriptions, to provide you with the requested Services as soon as possible. When you request us to downgrade your Subscription, we will activate the downgrade without undue delay. Herewith, we will not refund you with the difference in price but hold the pre-paid amount as a balance tied to your account and set-off it against the future payments on the pro rata basis.
When you cancel the Subscription, we will deactivate all the deliverables produced within such Subscription or adjust them to the available free options.
By default, the Services within Subscriptions are automatically renewed, and the respective payments are automatically charged on a recurring-fees basis. In case we decide not to offer your current Subscription (or your Subscription on the current conditions) anymore, you will be renewed with the most similar Subscription available at the moment.
We will remind you about upcoming change before it happens. If you do not want to renew your Subscription, you should send us an email with a request to change or cancel your Subscription at email@example.com.
Auto-renewal will also not operate if you deleted your account.
You may cancel your Subscription and get a full refund only in exceptional cases, if within 7 (seven) calendar days after the first payment for your first Subscription you have found technical issues in our Services, which do not allow you to use our Services as described in these Terms. You can submit a refund request by filling our standard contact form.
After the end of the withdrawal period, you will not be able to receive a refund even if you decide not to use our Services anymore.
We are not generally obliged to make a refund when:
- your request is based on your mistake; or
- you lack the expertise to use our Services; or
- you have changed your mind regarding the use of the Services, or
- you have breached these Terms, or
- you have requested for a refund for recurring payment.
Any software, articles, information, pictures, designs, logos, trademarks and any other materials available on or through the use of the Website are the intellectual property of Newoldstamp and its partners.
Subject to these Terms Newoldstamp grants you a license to access and use our intellectual property according to the conditions of your Subscription or within the free trial.
The license we grant you is:
- limited, which means you can only use the intellectual property for the purposes we set out in the Terms;
- non-exclusive, which means that Newoldstamp can grant the same and similar licenses to other people as well;
- non-transferable, which means the license is only for your benefit and you may not transfer any of the rights to any other person;
- worldwide, which means your license is not limited by territory, unless the applicable law prohibits such license in certain countries;
- revocable, which means we can terminate this license at our discretion.
The license authorizes you to use our intellectual property by displaying the content of the Website on your device, using the functionality of the Website and embedding email signatures that you created with our Services into your letters.
You may view, copy, download, and print our intellectual property but only for information purposes or while using our Services according to the conditions of your Subscription or free trial. You may not remove our copyright, trademark, and other proprietary notices from our intellectual property.
Your right to use the Services and the Website is limited to the rights expressly granted by these Terms.
You shall not use our intellectual property for any purposes or in any manner other than it is allowed hereunder. In particular, you are prohibited from selling or exploiting our intellectual property for your own commercial purposes unless we provide you with an explicit consent to do so.
To obtain a right to use our intellectual property in any way not authorized hereunder, please contact us for a permission.
You (or your licensor) remain a sole owner of any intellectual property you upload on the Website.
You hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit any content you upload on the Website or create while using the Services. Newoldstamp is authorized to use your intellectual property, including your email signatures, to enable the provision of our Services, as well as for marketing purposes. When using your intellectual property for the marketing purposes, Newoldstamp will ask your permission before such use.
You may not use the signature generated with our Services in a form of a code for the unpaid period and shall delete this signature in all your email clients.
Warranties and Representations
You hereby warrant and represent that:
- you have a full legal capacity under the laws of your residency to be bound by the Terms and to use our Services;
- if you represent the other person or you are acting on behalf of your company - you are authorized to do so;
- any U.S. or other export and re-export restrictions and sanctions that may cover our Services do not apply to you;
- you understand and agree that you are solely responsible for protecting the confidentiality of your account sign-in information;
- any information you submit to Newoldstamp is accurate and up to date;
- content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person;
- you will not commercially exploit the Services in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way, unless you are expressly authorized to do so;
- you will use the Services for lawful purposes only and subject to these Terms;
- you will not infringe our intellectual property rights in any way;
- you will not perform acts aimed at a breach of normal functioning of the Website or the Services;
- while using our Website or Services, you will not engage into any activity leading to the violation of applicable laws, both using software and through your direct acts;
- you will not facilitate or support any of the actions described above;
- by uploading your content to the Website, you represent and warrant that you are authorized to do so and you are capable of granting us a license to use your content.
If you do not have the capacity to be bound by the Terms and to use our Services, you and your parents (principal) shall undertake all the consequences resulted from your acceptance of the Terms.
You agree to notify us immediately if you have reasonable grounds to believe that your user account has been or may be used without your permission. If you fail to notify us, you as a holder of the account are solely responsible for all actions taken in your account. The only exception is if you failed to notify since you could not physically notify us.
Disclaimers and Liability
You use the Services at your own risk and subject to the disclaimers set in these Terms.
The Services are provided to you on the “as-is” and ”as available” basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Website or Services on all platforms, for all devices or under certain specific conditions.
We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards our Services. In addition, there is no warranty or condition as to the correspondence to description.
The Company also does not make any warranties about the suitability, accuracy or completeness and usefulness of the information materials available on the Website. You use any such materials and take any decisions based on such materials at your own risk. We disclaim any liability of the Company for the use of such materials.
To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to the damages for loss of profits) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of these Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.
Some links on the Website may allow you to leave the Website and visit some third-party websites and services. For instance, we may provide you with links to our profiles in social media, to our clients’ or partners’ websites etc. Such third-party websites and services are not under our control, and we are not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply our endorsement of such third-party websites or services unless otherwise is expressly stated by us. You use all third-party websites and services at your own risk.
You exempt Newoldstamp from the liability for any acts, omissions or consequences related to or resulting from your use of our Services or any your violation of these Terms.
We are not responsible for any loss or damage caused by, or expense incurred by you as a result of, your failure to protect your account from the unauthorized access or use.
You remain responsible for paying all outstanding amounts you owed to us regardless of the termination of the Terms or your actual use of the Services.
You agree to limit our overall liability to you to the total amount paid by you for the Services in the preceding 12 (twelve) months.
Any use of the Website or Services which we find inappropriate and/or offensive may result in suspension and/or termination of your use without any notice.
Applicable Law and Dispute Resolution
These Terms and other relationships between you and Newoldstamp shall be governed by the laws of the State of Delaware, US.
All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of Newoldstamp at firstname.lastname@example.org shall be the effective and binding method of communication.
For non-US residents:
Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, if not resolved during negotiations, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be the State of California. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without prior notice to you.
The Company may modify, amend or otherwise change these Terms from time to time. We will notify registered Users via email before the effective date of such amendments. We will also indicate the effective date in the “Last updated” section at the top of the Terms. If you continue to use the Services after such amendments are made, you will be considered as having accepted all of them, unless there is an obligation imposed on the Company to obtain your explicit consent to the amendments.
These Terms shall be valid until the provision of the Services is terminated either by you or us.
Your rights and obligations under these Terms are not assignable, transferable or sub-licensable unless you obtain our prior written consent. We may transfer, assign or delegate our rights and obligations under these Terms without prior notice to you.
Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services, including (but not limited to) in case of your breach of the Terms, or any of the obligation under these Terms or applicable laws, or if we believe that you have committed fraud, negligence or other misconduct.
registered under the laws of the State of Delaware, registration number 7461681
814 Mission Street, 6th Floor, San Francisco, CA, 94103