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”).
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.
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:
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:
Some additional resources