GROW YOUR BUSINESS. SHRINK YOUR WORKLOAD.

Please read our Terms & Conditions carefully.

By using Smarty Software or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

Smarty Software (“Smarty Software” or the “Service”) is a business software offered through the URL www.SmartySoftware.net (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients, create invoices and host your data in CRM.

Smarty Software is owned and operated by Smart Marketing Cloud Ltd. Incorporated in the United Kingdom with registration number 08532478.

(“Smarty Software,” “we,” or “us”). Smarty Software has employees, independent contractors, and representatives (“our Team”).

As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Subscriber” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy & Spam Policy, Billing Policy) define the terms and conditions under which you’re allowed to use Smarty Software, and how we’ll treat your account while you’re a Subscriber. If you have any questions about our terms, feel free to contact us.

This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.

ACCOUNT

• 1. Eligibility

  In order to use Smarty Software, you must:
  • be at least eighteen (18) years old and able to enter into contracts;
  • complete the registration process;
  • agree to the Terms; and
  • provide true, complete, and up to date contact information.
  
  By using Smarty Software, you represent and warrant that you meet all the requirements listed above, and that you won’t use Smarty Software in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Smarty Software may refuse service, close accounts of any users, and change eligibility requirements at any time.

• 2. Term

The Term begins when you sign up for Smarty Software and continues as long as you use the Service. There is a three months minimum usage terms of the Software. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Smarty Software on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

• 3. Closing Your Account

You or Smarty Software may terminate this Agreement at any time and for any reason by giving one month notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

• 4. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Smarty Software. We may change the Website, the Service, or any features of the Service at any time.

• 5. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

• 6. Account Disputes

We don’t know the inner workings of your organisation or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

PAYMENT

• 7. Monthly Plans & Billing Policy

Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your data limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. Free Trial policy When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may delete Your organisation details.

• 8. Credit Cards & PayPal

As long as you’re a Subscriber or have an outstanding balance with us, you’ll provide us with valid credit card information and authorise us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

• 9. Refunds

You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Subscriber applies for one based on the requirements posted on the Website.

• 10. Charges for Add-Ons

Some features are offered as add-ons to your Smarty Software account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account. If you use Mandrill to send bulk emails, in violation of our Acceptable Use Policy, then we may charge you at the comparable Smarty Software pricing tier or terminate your account.

• 11. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. We will give you always at least a month notice regarding any price changes to your plan.

RIGHTS

• 12. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Smarty Software (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.

• 13. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

• 14. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

RULES AND ABUSE

• 15. General Rules

You promise to follow these rules: 1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website. And on our Acceptable Use Policy & Anti-Spam Policy. 2. You won’t use purchased, rented, or third-party lists of email addresses. 3. You won’t violate our Acceptable Use Policy, which is part of this Agreement. If you violate any of these rules, then we may suspend or terminate your account.

• 16. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Smarty Software user, please report it to our abuse team.

• 17. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Smarty Software emails. We provide image and data hosting only for your email campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.

• 18. Compliance with Laws

You represent and warrant that your use of Smarty Software will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Smarty Software, and collecting information as a result of sending Emails, you:
• Will clearly describe in writing how you plan to use any data collected, including for your use of Smarty Software. You’ll get express consent to transfer data to Smarty Software and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
• Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Smarty Software.
• Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Smarty Software to receive and process data and send communications to that individual on your behalf.
• Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
• Have signed our Data Processing Agreement.

LIABILITY

• 19. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

• 20. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Smarty Software for a variety of reasons, we can’t guarantee that it will meet your specific needs.

• 21. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

• 21. Legal Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

• 22. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

• 23. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Subscribers.

FINE PRINT

• 24. Governing law and jurisdiction:

This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.

• 25. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

• 26. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Smarty Software, 80 Silverthorne Road, SW8 3HE, London, United Kingdom. Congratulations! You can now start using the software!

At Smarty Software, we take permission very seriously. By becoming a customer and agreeing to our Terms of Use, you are also agreeing to this anti-spam policy. Your use of Smarty Software’s website and services is also subject to this policy.

If you are found to be in violation of our policies at any time, as determined by Smarty Software in its sole discretion, we may warn you, or suspend or terminate your account. Please note that, in accordance our Terms of Use, we may change this policy at any time. It is your responsibility to keep up-to-date with and comply with this policy.

• Prohibited Content

Please don’t use Smarty Software to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
• Emails offering to sell illegal goods or services
• Emails that violate CAN-SPAM Laws
• Pornography/sexually explicit content
Some industries have higher-than-average abuse complaints, which can jeopardize the deliverability of our entire system. Nothing personal, but in order to maintain the highest delivery rates possible for all our customers, we can’t allow businesses that offer these types of services, products, or content:
• Escort and dating services
• Pharmaceutical products
• Work from home, make money online, and lead generation opportunities
• Gambling services or products
• Multi-level marketing
• Affiliate marketing
• Credit repair and get out of debt opportunities
• List brokers or list rental services
• Selling “Likes” or followers for a social media platform

• Sending Subject to Additional Scrutiny

We’ve also found that certain types of content may cause higher-than-average abuse rates. In general, hard bounce rates should be under 5%, and spam complaint rates should be less than 0.1%. For that reason, we may closely review, suspend, throttle, or disable accounts that exceed these rates and/or offer the following services, products, or content:
• Online trading, day trading tips, or stock market related content
• Daily horoscope reports
• Mortgages and loans
• Nutritional, herbal, and vitamin supplements
• Adult Entertainment/Novelty Items
• Real estate
• Services that support programmatically sending mail on behalf of third parties without creating or reviewing the content

• Prohibited Actions

We work hard to maintain the positive reputation of our system, but we count on our customers to pitch in too. You may not:
• Send Spam. Spam can be in the form of bulk emails or one to one commercial emails. For bulk emails we use the definition by Spamhaus, in short “unsolicited bulk email.” For single commercial emails, we define spam as any message that violates CAN SPAM law.
• You must be able to point to an opt-in form or show other evidence of consent for bulk email.
• Put into your Email or Account any material that wasn’t created by you, provided for you to use, or that would violate anyone’s rights. That includes text, photos, graphics, and other content.
• Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.
• Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
• Use an outside unsubscribe process when sending bulk content to a list hosted in Smarty Software.
• Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
• Upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
• Send or forward personal mail. Send content created in Smarty Software through another service.
• Host images on our servers for any purpose other than for use in your email campaigns.
• Host content on our servers for any purpose other than to send email campaigns.
• Delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds.
• Send bulk emails, meaning emails directed to a number of individuals with the same content, through Mandrill.
• Mandrill is designed for transactional email. Please use Smarty Software for your bulk sending needs.

Anti-Spam Policy

What’s the Law?

The legal environment changes all the time, however Smarty Software abides by the UK’s interpretation and implementation of the EU privacy and spam regulations, whereby we only send marketing emails to individuals where they have agreed to receive them, except where there is a clearly defined customer relationship. In most other cases (i.e. B2C, Sole Traders and LLPs) all email recipients must have opted-in to, or otherwise validly consented to, receiving communications from you, the sender.

Email addresses which are OK to send to with Smarty Software.

There are a number of ways in which you can capture and acquire data for sending emails through Smarty Software. This could be done through:

• A web form like an email newsletter sign-up on your web site.
• An offline form like a survey, competition or at an event.
• If someone gives you their business card

In line with the UK’s interpretation and implementation of the EU privacy and spam regulations you must provide the recipient with an opt-out facility. We do not require the contact you are emailing to have opted-in to your communications.

However where B2C email addresses (like Hotmail, Gmail, etc), Sole Traders and LLPs are concerned you will have explicitly asked for permission to add them to your list and you can prove they have opted-in to receiving your communications.

So, for instance if someone has put their business card in a bowl at a consumer trade show, there must be a sign indicating they will be contacted by email about that specific topic. Digitally you will provide people tick boxes to opt-in to you communications.

What content you MUST include in your email?

With every email commercial/marketing email you send through Smarty Software there must be:

1. A link to opt-out that allows the recipient to remove themselves from your list or update their preferences.

2. The name, company registration number and physical address of the sender.

We keep an eye on you and keep you in the ‘good books’.

Smarty Software monitors your instance to ensure you comply with our anti-spam policy. Here’s the two main ways:

1. Our software is directly integrated into the spam reporting systems for some of the biggest ISP’s. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. We monitor complaint rates and as such high levels of complaints will result in accounts being locked or terminated.

2. We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily. If we do discover that you’re emailing people without their permission or getting spam reports from ISPs, we will inform you and in some cases we will suspend your account with immediately.

If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact us at:

E: hello@smartysoftware.net

Some additional resources

Guide to Privacy and Electronic Communications Regulations

The Privacy and Electronic Communications (EC Directive) Regulations 2016

The Privacy and Electronic Communications (EC Directive) Regulations 2016

Direct Marketing Associations Guidelines

The UK Advertising Codes lay down rules for advertisers, agencies and media owners to follow.

European Union

United Kingdom