Terms of service
Last update: 26 February 2020
If you register for the Service free tier, these Terms will also govern that free tier.
Description of Service
Yet Another Mail Merge is an application that sends email campaigns. The sending is usually done via our add-on for Google Sheets and the emails are sent using the Gmail API. The Service is offered and provided subject to these Terms and solely for Your business purposes. You may connect to the Service using any Internet browser supported by the Service.
The Service requires a Google account that will be used to access the Service configuration console and a datasource which will contain the data processed by the Service. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating and managing the datasource and their content. All fees associated with the foregoing shall be paid by You.
To these Terms: Talarian reserves the right to update and change the Terms of Service upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website https://yamm.com/terms-of-service/. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://yamm.com/terms-of-service/.
To the Service: Talarian may make changes to the Service from time to time. Talarian will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.
Purchase Orders: In the event that You issue a purchase order or other instrument used to pay Service Fees to Talarian, any terms and conditions set forth in the purchase order which are in addition to those set forth in these Terms or establish conflicting terms and conditions to those set forth in these Terms are expressly rejected by Talarian and superseded by the terms and conditions of these Terms.
Use of the Service
Access to Service: Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access. Upon installation of the Service, Customer will configure the applicable datasource(s) which contain the data to be processed by the Service, as required to send email campaigns with Yet Another Mail Merge.
License to Customer: Subject to Customer’s compliance with these Terms and the Google Cloud Platform Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, Talarian hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use, execute, perform and display the Service, solely for Customer’s own internal use.
Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify Talarian for all claims and losses related to any such acts and/or omissions.
Talarian reserves the right to terminate unpaid accounts. Talarian will provide Customer with prior notice of such termination by email.
Restrictions on Use
Restrictions on Use of Yet Another Mail Merge: in addition to all other terms and conditions contained herein, you shall not and shall not permit others to:
copy, modify, adapt, translate or otherwise create derivative works of the Service;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
rent, lease, sell, assign or otherwise transfer rights in or to the Service;
remove any proprietary notices or labels from the Service;
use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service;
use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
This list of prohibitions provides examples and is not complete or exclusive.
process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.
If you intend to use the Service for any purpose or in any manner involving Protected Health Information, (as defined in the Health Insurance Portability and Accountability Act (“HIPAA”), it is your responsibility to (a) execute a Business Associate Agreement with Google related to your HIPAA data stored by Google, and (b) execute a Business Associate Agreement with Talarian related to your HIPAA data stored in the Service.
Talarian reserves the right to suspend or terminate your access to Service with or without cause and with or without notice, for any reason or no reason, or for any action that Talarian determines is inappropriate or disruptive to the Service or to any other user of this Service. Google may suspend your Google Apps account if: (a) your use of Google Apps is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) Google Apps; (ii) other users’ use of Google Apps; or (iii) the Google network or servers used to provide Google Apps services; or (b) there is unauthorized third-party access to Google Apps.
Talarian may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Talarian’s discretion, Talarian will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.
Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.
You agree to indemnify and hold Talarian and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Talarian or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Talarian reserves the right to suspend or terminate Customer’s access to the Service with or without notice if Talarian reasonably determines that:
there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, Talarian, Customer, or any user of the Service;
Customer’s or its users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm Talarian’s systems, or may subject Talarian or any third-party to liability;
Customer or any User is using the Service for fraudulent or illegal activities;
subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
Customer or any User is using the Service or other Talarian property in breach of this Agreement;
Customer is in default of its payment obligations hereunder (collectively, "Service Suspensions"). Talarian will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer, and to provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.
Fees, Subscription Term, Termination and Refund
Fees. Customer agrees to pay the subscription fees applicable to Customers and its Users use of the Service. Such fees will be paid on a periodic basis as agreed with Talarian when you registered for the Service. All fees and charges are payable in advance and non-refundable, including in the case of unused subscription periods or after termination or cancellation, unless otherwise disclosed at the time of purchase.
Subscription Term. These Terms will remain in effect until the expiration, termination or renewal of your subscription, whichever occurs first.
Termination. You may terminate your subscription for convenience at any time during the Term; however, in case of termination for convenience before the end of the Term, all fees associated with your subscription remain due and payable and no refunds of prepaid fees will be paid to you.
Refund. Given the nature of the Service, we do not offer a refund or credit on a purchased subscription unless required under applicable consumer law. We will generally not provide refund in the following situations:
If Talarian decides to issue a refund or credit, this will generally be done using the same manner you used to make the purchase. All refund requests should be made in writing by contacting support.
You have changed your mind about the Service
You don’t need to use the Service anymore
You purchased the Service by mistake
You do not have sufficient expertise to use the Service
You ask for goodwill
You forgot to cancel auto-renewal of the Service
This list is not exhaustive and shall not be construed so as to limit our right to decline refund requests in other situations. Talarian reserves the right to assess refund requests on a per-request basis.
The Service does not meet your expectations
If Talarian decides to issue a refund or credit, this will generally be done using the same manner you used to make the purchase. All refund requests should be made in writing by contacting support.
In case of non-payment for any reason (including, if applicable, Talarian’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Talarian shall be entitled – without liability – to immediately suspend Customer’s and Users’ access to the Service. If you purchase your license to use the Service from Talarian, you hereby expressly agree that Talarian is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the Talarian at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.
Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Talarian regarding future functionality or features.
If You register for a free tier offer, We will make the Service available to You on a free tier basis until the earlier of (a) the end of the free tier period for which You registered to use the applicable Service, or (b) the start date of any purchased Service subscriptions ordered by You for such Service. YOUR CONTENT ON OUR SYSTEMS OR IN OUR POSSESSION OR CONTROL AND ANY CUSTOMIZATIONS MADE TO THE SERVICE BY OR FOR YOU, DURING THE FREE TIER PERIOD MAY BE PERMANENTLY LOST OR DELETED AT THE END OF THE FREE TIER PERIOD UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE FREE TIER BEFORE THE END OF THE FREE TIER PERIOD. Talarian WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE TIER OFFER.
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Talarian (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).
Ownership & Privacy
As between You and Talarian, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, "Your Content"). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant Talarian the limited rights to use Your Content set forth in these Terms.
You agree that Talarian may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by other Users with access rights to Your Content. You hereby grant Talarian a non-exclusive, perpetual, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to access, use, and/or disclose Your Content solely as required for the purpose of providing the Service to you.
You understand and agree that Talarian does not have the ability to grant or revoke any sharing permissions to Customer's Google Drive files or other content and materials stored in Customer’s Google Drive account. Talarian shall not be responsible and shall have no liability for any damages that result from Your failure to grant or revoke such access.
You hereby consent that, if You choose to become a paying customer of the Service, Talarian may identify You as a Talarian customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.
Content Privacy & Data security
While Yet Another Mail Merge requests permission to access the full contents of users’ Gmail inbox, this is because the Apps Script development framework offers us no workable alternative of more limited scope. These access rights are required to allow actions performed by the end user, and in no case are the textual contents of users’ emails transmitted to any third-party services outside of the user’s direct control or knowledge.
All personally identifiable information that users may keep in files associated with this tool remains in the complete control of those users from a privacy perspective. Unless specifically stated, we store no personally identifiable information in any third-party database or file repository.
You can review the list of information that is stored by the Service in the table available at this page, which may be updated from time to time: https://support.yet-another-mail-merge.com/hc/en-us/articles/360004059314--DATA-STORAGE-What-data-is-stored-by-YAMM-and-how-is-it-used-
“Confidential Information” means all non-public information disclosed in written, oral or visual form by either party (the “disclosing party”) to the other (the “receiving party”). Confidential Information may include, but is not limited to, services, pricing information, computer programs, source code, names and expertise of employees and consultants, know-how, and other technical, business, financial and product development information. Confidential Information does not include any information that the receiving party can demonstrate by its written records (1) was rightfully known to it without obligation of confidentiality prior to its disclosure hereunder by the disclosing party; (2) is or becomes publicly known through no wrongful act of the receiving party; (3) has been rightfully received without obligation of confidentiality from a third-party authorized to make such a disclosure; or (4) is independently developed by the receiving party without reference to confidential information disclosed hereunder.
Neither party will use any Confidential Information of the other party except as expressly permitted by this Agreement or as expressly authorized in writing by the disclosing party. The receiving party shall use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, but in no circumstances less than a reasonable standard of care.
The receiving party may not disclose the disclosing party’s Confidential Information to any person or entity other than to those of its employees and contractors who: (i) are subject to a written agreement with the receiving party that includes use and confidentiality restrictions that are at least as protective as those set forth in these Terms, and (ii) need access to such Confidential Information solely for the purpose of fulfilling the receiving party’s obligations or exercising the receiving party’s rights hereunder. The foregoing obligations will not restrict the receiving party from disclosing Confidential Information of the disclosing party: (1) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party required to make such a disclosure gives reasonable notice to the disclosing party prior to such disclosure; and (2) on a confidential basis to its legal and financial advisors.
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TALARIAN MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.
Limitation of Liability
IN NO EVENT SHALL TALARIAN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF TALARIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TALARIAN RELATED TO ANY OF THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL TALARIAN’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE TWELVE (12) MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER.
IN CASE OF A BREACH OF YOUR PERSONAL DATA ARISING FROM A PAYMENT PROCESSOR'S DEFAULT, TALARIAN'S ENTIRE LIABILITY TO YOU FOR THIS BREACH SHALL NOT EXCEED 5 TIMES THE FEES PAID BY TALARIAN TO SUCH PAYMENT PROVIDER TO PROCESS YOUR TRANSACTIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER.
Except for payment obligations, neither party shall be liable to the other party or any third-party for failure or delay in performing its obligations under these Terms when such failure or delay is due to any cause beyond the control of the party concerned, including, without limitation, acts of God, acts of government, fire, or flood, provided that upon cessation of such events such party shall thereupon promptly perform or complete the performance of its obligations hereunder.
These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Luxembourg. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the State of Luxembourg.
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