If you are using Mixmax open, click or download tracking, our Services will collect activities data about the recipient of your email. You will only use the Services in a manner that complies with all laws that apply to you.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). Your log-in to the Services is via the Gmail OAuth service, and any messages you send through the Services originate with your Gmail account and, for example, will be saved into your Gmail “sent” folder). Mixmax shall own all right, title, and interest in the Feedback and you shall and hereby do make all assignments necessary to accomplish the same. Feedback may include, without limitation, new feature suggestions or errors or difficulties discovered in the Services and the characteristic conditions and symptoms of the errors and difficulties. You may, at your discretion, provide feedback to Mixmax with respect the Services (“Feedback”). (b) You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence. (a) You shall not use (except as expressly authorized by this Agreement) or disclose Proprietary Information without the prior written consent of Mixmax unless such Proprietary Information becomes generally publicly available without your breach of this Agreement. In regard to this Proprietary Information:
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Such Proprietary Information shall belong solely to Mixmax and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information, benchmarks, software documents, and other technical, business, product, marketing and financial information, plans and data. You acknowledge that, in the course of your relationship with Mixmax and in using the Services, you may obtain information relating to the Services and/or Mixmax (“Proprietary Information”).
No refunds will be granted for fees paid.
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Payment is required for the full contactual amount and any additional users added. For annual contracts, cancelation will take effect at the end of the contract term.
You may cancel your subscription at any time. You are responsible for all taxes associated with the Services other than U.S. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. If you are an existing customer and we change prices, we will notify you by email at least 30 days before the change is to take effect for your next billing cycle. Mixmax reserves the right to change its price list and to institute new charges at any time. The monthly or annual fee will be charged to you in advance, to the credit card you provided upon enrollment in the plan.
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If you select a plan that requires payment, you will be required to provide Mixmax accurate credit card and other payment information, and you agree to promptly update your account information with any changes. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Please refer to for details on our Starter, Small Business, Growth and Enterprise level plans and pricing information. Though many of our Services are currently free, Mixmax reserves the right to require payment of fees for certain or all Services, including without limitation our Starter, Small Business, Growth, and Enterprise level Services.
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