Terms of Service
Last updated: June 12, 2023
Introduction Welcome to MailMentor, a comprehensive sales platform designed to help businesses save time and improve their sales messaging. By using MailMentor (a service provided by Octavius Labs LLC) and its features, you are agreeing to be bound by these Terms of Service ("Terms"). Please read these Terms carefully and ensure you understand them fully. If you do not agree with any part of these Terms, you must not use MailMentor.
Eligibility By using MailMentor, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using MailMentor on behalf of a business entity, you warrant that you have the authority to bind the entity to these Terms.
Account Registration To access MailMentor's features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and agree to notify us immediately if you suspect unauthorized use of your account. MailMentor reserves the right to suspend or terminate your account for any reason, including but not limited to a violation of these Terms.
License Grant and Restrictions Subject to these Terms, MailMentor grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the platform and its features. You agree not to (a) sublicense, sell, rent, lease, or otherwise transfer your rights to use MailMentor; (b) modify, reverse-engineer, or create derivative works based on MailMentor; or (c) use MailMentor in any manner that violates applicable laws or regulations.
Content and Data Usage By using MailMentor, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and distribute any content or data you provide, solely for the purpose of providing the services. You represent and warrant that you have the necessary rights and permissions to grant this license. We will not share your content or data with third parties, except as required to provide the services or as required by law.
Intellectual Property All rights, titles, and interests in and to MailMentor, including but not limited to its features, software, and any associated documentation, are owned by or licensed to MailMentor. You acknowledge that you do not acquire any ownership rights by using MailMentor.
Payment Terms Access to MailMentor's features may require payment of fees. By signing up for a paid plan, you agree to pay the applicable fees and any taxes associated with your use of the platform. MailMentor reserves the right to change its fees and payment terms at any time, with notice provided to you.
Termination These Terms will remain in effect until terminated by either party. You may terminate these Terms at any time by ceasing to use MailMentor and deleting your account. MailMentor may terminate these Terms if you breach any provision, with or without notice.
Disclaimer of Warranties MailMentor is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that MailMentor will be error-free, uninterrupted, or that it will meet your specific requirements.
Limitation of Liability To the maximum extent permitted by law, MailMentor and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of MailMentor.
Indemnification You agree to indemnify, defend, and hold harmless MailMentor and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of MailMentor, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which MailMentor is incorporated, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved through good-faith negotiations between the parties. If the parties are unable to reach a resolution, the dispute shall be submitted to binding arbitration in accordance with the rules of the applicable arbitration association. The venue for arbitration shall be the city in which MailMentor is incorporated.
Changes to These Terms MailMentor reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through other appropriate communication channels. Your continued use of MailMentor following the posting of the updated Terms constitutes your acceptance of the revised Terms.
Severability If any provision of these Terms is deemed invalid, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms.
No Waiver No waiver by MailMentor of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure of MailMentor to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement These Terms, along with any other policies and guidelines provided by MailMentor, constitute the entire agreement between you and MailMentor with respect to the platform and supersede all prior or contemporaneous understandings, agreements, negotiations, and communications, whether written or oral, with respect to the subject matter of these Terms.
Contact Information If you have any questions, concerns, or comments regarding these Terms or your use of MailMentor, please contact us at email@example.com
Force Majeure Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil disturbances, pandemics, strikes, labor disputes, government actions, or failures or interruptions in telecommunications, power, or internet services.
Assignment You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MailMentor. MailMentor may assign or transfer its rights or obligations under these Terms, in whole or in part, without your consent and without notice to you.
Notices All notices and other communications required or permitted under these Terms shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail, return receipt requested, or sent by email to the email address provided by you during the account registration process (for you) or to the support email address provided in Section 17 (for MailMentor).
Relationship of the Parties Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and MailMentor. You acknowledge that you are not an employee, agent, or representative of MailMentor and have no authority to bind MailMentor to any agreement or obligation.
Third-Party Services MailMentor may integrate or provide access to third-party services or platforms, such as Google Calendar or Gmail. Your use of such third-party services is subject to the terms and conditions of those services, and MailMentor is not responsible for any issues or liabilities arising from your use of third-party services.
Survival The provisions of these Terms that by their nature should survive termination of your relationship with MailMentor, including but not limited to Sections 5 (Content and Data Usage), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 12 (Governing Law and Dispute Resolution), shall survive the termination of these Terms and your use of MailMentor.
Headings The headings used in these Terms are for convenience only and do not affect the interpretation or meaning of the provisions herein.
Language These Terms are prepared and executed in English. In the event of any translation or interpretation of these Terms into another language, the English version shall prevail and be binding.
Compliance with Laws You agree to comply with all applicable laws, regulations, and rules in connection with your use of MailMentor, including but not limited to data protection, privacy, and anti-spam laws. You shall not use MailMentor for any unlawful or prohibited activities.
Export Control You acknowledge that MailMentor may be subject to export control laws and regulations. You agree not to export, re-export, or transfer MailMentor, directly or indirectly, to any country, individual, or entity subject to export restrictions or embargoes under applicable laws and regulations.
Feedback MailMentor appreciates any feedback, suggestions, or ideas you may have to improve the platform. By submitting such feedback, you grant MailMentor a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and incorporate your feedback in any form, without compensation or attribution to you.
Independent Contractors You and MailMentor are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms. Neither party has the authority to bind the other or incur any obligation on the other's behalf.
Counterparts These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
Electronic Signatures Your acceptance of these Terms by clicking "I agree" or by using MailMentor constitutes your electronic signature and agreement to be bound by these Terms. You acknowledge and agree that electronic signatures are legally binding and have the same force and effect as a handwritten signature.
Non-Exclusivity Your use of MailMentor does not grant you any exclusive rights or privileges. MailMentor reserves the right to offer and provide its services to other customers, including your competitors.
No Third-Party Beneficiaries These Terms are for the benefit of, and shall be binding upon, the parties hereto and their respective successors and permitted assigns. There are no third-party beneficiaries to these Terms.
Interpretation In the event of any ambiguity or conflict between these Terms and any other document or agreement, these Terms shall control, unless otherwise expressly agreed in writing by the parties.
Injunctive Relief You acknowledge and agree that any breach of these Terms may cause MailMentor irreparable harm, for which monetary damages may not be an adequate remedy. In addition to any other remedies available to it, MailMentor shall be entitled to seek injunctive or other equitable relief in the event of an actual or threatened breach of these Terms.
Customer Support MailMentor provides customer support to assist you with any questions or issues related to the platform. You can contact our customer support team through the contact information provided in Section 17. We will use reasonable efforts to respond to your inquiries and resolve any issues promptly.
Promotions and Trials From time to time, MailMentor may offer promotional offers or free trials to new customers. The terms and conditions of such offers will be communicated at the time of the offer and may require you to provide payment information. If you do not cancel your subscription before the end of the trial or promotional period, you may be charged the applicable fees for the plan you selected.
Referral Program MailMentor may offer a referral program where you can earn rewards for referring new customers to the platform. The terms and conditions of the referral program will be available on our website or through other communication channels. Participation in the referral program is subject to your compliance with the referral program terms and conditions.
Beta Features and Test Environments MailMentor may, from time to time, offer new features or services on a trial, beta, or test basis ("Beta Features"). Access to and use of Beta Features may be subject to additional terms and conditions. You acknowledge and agree that Beta Features are provided "as is" and may contain errors, defects, or other issues. MailMentor makes no warranties, express or implied, with respect to Beta Features and disclaims all liability arising from your use of Beta Features.
Integration with Third-Party Tools You may choose to integrate MailMentor with third-party tools or applications. You acknowledge and agree that MailMentor is not responsible for the functionality, performance, or security of any third-party tools or applications, and your use of such tools is at your own risk. MailMentor does not provide support for issues arising from your use of third-party tools or applications.
Marketing and Publicity You grant MailMentor the right to use your company name, logo, and any testimonials or case studies you provide in our marketing materials, website, and promotional activities. You may revoke this right at any time by providing written notice to MailMentor.
No Implied Rights Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to either party or any third party any intellectual property rights or other proprietary rights.
Cumulative Remedies All rights and remedies available to MailMentor under these Terms, at law, or in equity are cumulative and not exclusive, and the exercise of any right or remedy by MailMentor shall not preclude the exercise of any other right or remedy.
Waiver of Jury Trial To the extent permitted by law, both you and MailMentor waive any right to a trial by jury in any action or proceeding to enforce or defend any rights under these Terms or relating to the use of MailMentor.
Questions and Additional Information If you have any questions or require additional information about these Terms or your use of MailMentor, please contact our customer support team through the contact information provided in Section 17. We will make reasonable efforts to respond to your inquiries and provide any necessary assistance.
Conflicting Terms If there is a conflict between these Terms and any other terms or policies provided by MailMentor, these Terms shall control, unless such other terms or policies expressly state that they take precedence over these Terms.
Right to Monitor MailMentor reserves the right, but has no obligation, to monitor your use of the platform to ensure compliance with these Terms and any applicable laws or regulations. MailMentor may take appropriate action, including legal action, in response to any misuse of the platform or violations of these Terms.
MailMentor Updates MailMentor may, from time to time, release updates, upgrades, or enhancements to the platform. These updates may include new features, improvements, bug fixes, or other changes. You agree to promptly install and use any such updates in accordance with MailMentor's instructions.
Suspension and Termination MailMentor reserves the right to suspend or terminate your access to the platform, without prior notice or liability, if you breach any provision of these Terms, if required by law, or for any other reason deemed appropriate by MailMentor in its sole discretion. Upon termination, your right to use the platform will immediately cease, and you must destroy all copies of any MailMentor content in your possession.
Cooperation with Law Enforcement MailMentor will cooperate with law enforcement agencies as required by law or in response to a lawful request, subpoena, court order, or similar legal process. This may include disclosing your personal information or any other information related to your use of MailMentor.
Remedies for Violations In addition to any other remedies available to MailMentor, MailMentor may seek specific performance, injunctive relief, or other equitable remedies to enforce these Terms or prevent violations thereof.
Non-Disparagement You agree not to make any false, misleading, or disparaging statements about MailMentor or its products or services, whether in public or private communications. Any breach of this provision may result in immediate termination of your access to MailMentor and any applicable legal remedies.
Acknowledgment By using MailMentor, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other applicable policies and guidelines provided by MailMentor. If you do not agree with these Terms, you must not use or access the platform.
Statute of Limitations You agree that any claim or cause of action arising out of or related to these Terms, your use of MailMentor, or any other dispute between you and MailMentor must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
International Use MailMentor may be accessed and used by users around the world. You agree to comply with all local laws and regulations governing your use of MailMentor, including but not limited to any restrictions on the export or import of data, software, or other content.
Accessibility MailMentor is committed to making the platform accessible to users with disabilities. If you have any suggestions or feedback on how we can improve the accessibility of MailMentor, please contact us using the contact information provided in Section 17.
Reservation of Rights All rights not expressly granted by MailMentor under these Terms are reserved by MailMentor. Nothing in these Terms shall be construed as conferring any license or right under any copyright, patent, trademark, or other intellectual property right of MailMentor or any third party.
Compliance with Anti-Bribery Laws You agree to comply with all applicable anti-bribery laws and regulations, including but not limited to the U.S. Foreign Corrupt Practices Act and the UK Bribery Act. You represent and warrant that you have not and will not offer, promise, or give any financial or other advantage to any person in connection with your use of MailMentor that would violate any applicable anti-bribery laws or regulations.
Updates to Terms MailMentor may update these Terms from time to time to reflect changes in our practices, services, or for other reasons. We will notify you of any material changes by posting the updated Terms on our website or through other appropriate communication channels. Your continued use of MailMentor following the posting of the updated Terms constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using MailMentor.
By using MailMentor, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other applicable policies and guidelines provided by MailMentor. If you do not agree with these Terms, you must not use or access the platform.