The following terms and conditions incorporate a legal agreement between you (“You”) and Mulaa Analytics (“mulaa”, “outboxx”) and set forth the terms and conditions by which mulaa will make the outboxx service available in order to electronically provide You with use of and access to outboxx Product & Services.
Outboxx System Services
For the purposes of this Agreement, “Outboxx System Services” shall consist of:
- all data and information feeds, media, software, and/or electronic documentation made available or supplied by mulaa or its licensees and
- certain other software, data, and/or documents supplied by mulaa or its licensees to facilitate use of such data or services. “Outboxx system Product & Services” means mulaa’s service or application programming interface that allows You and other authorized licensees to access Outboxx system Product & Services and make use of outboxx system Services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between You and mulaa from time to time.
By accessing or otherwise using the Outboxx system, You acknowledge that You:
- have read all of the terms and conditions of this Agreement;
- agree to be bound by the terms and conditions of this Agreement;
- agree to check the Outboxx system pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
- have the power and authority to enter into this Agreement. If You do not acknowledge the above, You may not access or use the Outboxx system. If You are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of mulaa, Your sole and exclusive remedy is to discontinue accessing or otherwise using the Outboxx system.
www.outboxx.io is a site operated by mulaa, a Nigerian technology company registered in Lagos, Nigeria at the following location:
Lagos Office (HQ)
18 Cooper rd
Scope of License
Grant of License
mulaa hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the Outboxx system and use Outboxx system Product & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.
Scope of the Outboxx system License
Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display Outboxx system to individual end-users of your application(s)/website/service(s), provided
- such end users use Outboxx system Product & Services strictly for their own personal use,
- You do not permit Your end users to store, distribute, or otherwise exploit Outboxx system Product & Services for any other purposes.
For clarity, and without limiting the forgoing, You are permitted solely to use Outboxx system Product & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of Outboxx system Product & Services outside of your application(s)/website/service(s).
Use of License
You shall not:
- reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter or transfer, rent, lease, loan, time-share, resell, or in any other manner exploit Outboxx system Product & Services or the Outboxx system;
- make access to Outboxx system Product & Services or the Outboxx system available to unauthorized parties, or otherwise post or distribute Outboxx system Product & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
- remove, obscure, or alter any required notice or any notice of mulaa’s intellectual property rights present on or in the Outboxx system, including, but not limited to, copyright, trademark, and/or patent notices;
- disassemble, translate, reverse engineer or otherwise decompile Outboxx system Product & Services or the Outboxx system;
- knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of mulaa in Outboxx system Product & Services or the Outboxx system;
- directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of mulaa in Outboxx system Product & Services or the Outboxx system, or assist any party to do so;
- through Your use of Outboxx system Product & Services or the Outboxx system, knowingly cause or permit anything that You know or ought to know will prejudice or hamper the reputation or goodwill of mulaa;
- claim, use, or apply to register, record, or file any trade mark, trade name, copyright, or design that is identical or confusingly similar to mulaa’s trademarks, or assist any other party to do so;
- use, store, or access any Outboxx system Product & Services, or the Outboxx system after the termination of this Agreement;
- use or permit others to use, market, distribute, or export Outboxx system Product & Services, or the Outboxx system; or,
- use Outboxx system Product & Services or the Outboxx system in any manner or for any purpose that violates any law, regulation or right of any person.
While usage of the Outboxx system is not subject to Your end users being made aware by You that outboxx is supplying the platform you are making use of in your application(s)/website/service(s), Your inclusion of a clickable hyperlink to the Outboxx system website at https://outboxx.io would be highly appreciated.
Your Responsibility to Safeguard
You shall use Your best efforts and take all necessary steps to safeguard Outboxx system Product & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any Outboxx system Product & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of Outboxx system Product & Services, You shall immediately notify mulaa by emailing “[email protected]”.
Misuse of the Licensed Product
In the event that You or any end users use Outboxx system Product & Services or the Outboxx system in violation of this Agreement, as applicable, mulaa shall have the option of electing liquidated damages.
Services and Data
Use of the Outboxx system
Subject to the terms herein, mulaa will provide You with access to Outboxx system Product & Services over the Internet through the Outboxx platform. All visits to the Outboxx system must reference the credentials issued to You by outboxx. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the Outboxx system in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.
The extent of Your usage of the Outboxx system is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the Outboxx system will return an error message stating that Your monthly usage limit has been reached and no further messaging can be sent within the current monthly term. Outboxx will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. mulaa reserves the right to limit or throttle the speed of messaging available to You if mulaa (in its sole discretion) believes that such messaging are being made for malicious/spam reasons, or as the result of a technical error.
Responsibility for Software and Hardware
You shall be solely responsible for acquiring, providing, and maintaining all hardware and Internet Services required to access the Outboxx system, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the Outboxx system.
Services May Be Inaccessible Or Inoperable
You hereby acknowledge that from time to time, the Outboxx system may be inaccessible or inoperable for any reason, including, without limitation:
- equipment (hardware) malfunctions;
- software malfunctions;
- periodic maintenance procedures or repairs which mulaa may undertake from time to time; and/or,
- causes beyond the reasonable control of mulaa and/or not reasonably foreseeable by mulaa.
Service Level Agreement
If the Outboxx system is unavailable to all Outboxx system customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM Lagos time (GMT + 01:00) and ending at 11:59:59 PM Lagos time (GMT + 01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM Lagos time (GMT + 01:00) on a Monday and ending at 11:59:59 PM Lagos time (GMT + 01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to mulaa of Your intention to do so within one calendar week of the third outage. Upon such termination being accepted by mulaa, You shall be entitled to a refund equal to the amount You have paid for the latest term.
Right to Change Content or Format
You acknowledge that mulaa may from time to time, and in its sole discretion, update or change the content or format of Outboxx Product or the Outboxx system. mulaa shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since mulaa strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the Outboxx system in order to ensure continuous delivery of your messaging with Outboxx system Product & Services.
Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that outboxx (mulaa) may include such Subscriber’s name and trademarks in a list of outboxx (mulaa) Subscribers, online or in promotional materials. Each Subscriber also agrees that outboxx (mulaa) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by e-mailing a request to [email protected]
“outboxx”, “outboxx.email”, “outboxx.io”, the outboxx logo and other identifying marks of outboxx are and shall remain the trademarks and trade names and exclusive property of mulaa, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.
Licensed, Not Sold
Use of the Outboxx system Product & Services and the Outboxx platform is licensed, and not sold.
Consent to Collection, Use, Retention, and Disclosure of Information
No Granting of Ownership Rights
You acknowledge that mulaa owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the Outboxx system Product & Services or the Outboxx system, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any Outboxx system Product & Services or the Outboxx system.
mulaa’s Right to Terminate
mulaa reserves the right at any time to terminate this Agreement, or withdraw from distributing Outboxx system Product & Services or providing access to the Outboxx system, if for any reason it no longer retains the right to publish or distribute the Outboxx system Product & Services.
Provided in Good Faith
The Outboxx system is provided by mulaa in good faith and although mulaa endeavours to ensure that Outboxx system Product & Services and the Outboxx system are accurate and obtained from sources believed to be reliable, mulaa does not guarantee or warrant:
- the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of Outboxx system Product & Services or the Outboxx system; or
- that the Outboxx system Product & Services or the Outboxx system is free from errors or other material defects.
The Outboxx system and Outboxx system Product & Services are provided “as is” and “as available”, without any warranty of any kind and mulaa, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall mulaa be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall mulaa, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Outboxx system, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that mulaa’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.
mulaa does not represent or warrant that the Outboxx system, or access to the Outboxx system, will be uninterrupted or error-free or that errors in the Outboxx system and/or Outboxx system Product & Services will be corrected.
In no event shall mulaa, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Outboxx system be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the Outboxx system and/or the Outboxx system Product & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if mulaa knew or should have known of the possibility of or could have prevented such damages.
Indemnification by You
You shall indemnify, defend, and save harmless mulaa, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:
- any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the Outboxx system; and/or,
- any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.
These Terms & Conditions incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and outboxx with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms & Conditions supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and outboxx relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and outboxx.
You must follow these rules:
- You are not allowed to send spam.
- Please read our Anti-Spam Policy for more information;
- Your email lists must be permission-based subscriptions (Double Opt-in Recommended);
- It is absolutely not acceptable or allowable to use a list that has been purchased, rented or from a third-party.
- Your use of the Outboxx system has to comply with all applicable laws and regulations; You are not allowed to use our tracking/campaign preview links when sending emails with other services than ours.
- Outboxx allows sending only relevant content, which is requested by subscribers and corresponds to the CAN-SPAM Act. You can’t send pornography, affiliate marketing, pyramid schemes, MLM, “Get Rich Quick”, Forex, Escort services, gambling, weight loss material, mobile unlocking services or offer illegal goods and services through the Outboxx system
Should you have any questions, complaints, or comments about these Terms & Conditions, this service, or website, or require further clarification of any kind, please do not hesitate to contact us at: [email protected]