AudiencePoint Message Delivery Service Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your use of the message delivery services (the “Services”) provided by AudiencePoint, Inc. (“AudiencePoint”), located at 820 Broad Street, Suite 201, Chattanooga, TN 37402. By using the Services, you agree to be bound by these Terms, our Privacy Policy, and our Terms and Conditions as applicable.

2. Service Description

AudiencePoint offers message delivery services that allow you to send electronic communications to your audience efficiently and effectively. These Services may include email scheduling, optimization of send times, analytics, and other related features as described on the AudiencePoint website and in service-specific documentation.

3. User Obligations

  • Account Registration: You must register for an account to use the Services. You agree to provide accurate, current, and complete information about yourself as requested during the registration process, and to keep such information updated.
  • Compliance: You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including but not limited to those related to data protection and electronic communications.
  • Content Restrictions: You agree not to use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws. Additionally, you shall not transmit any content that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.

4. Payment Terms

  • Fees: Fees for the Services are specified on the AudiencePoint website and must be paid in accordance with the pricing and payment terms outlined there. All fees are non-refundable, except as otherwise specified in the terms of your specific service agreement.
  • Late Payment: Late payments may result in the suspension or termination of Services. AudiencePoint reserves the right to impose a late fee on all past due balances.

5. Intellectual Property

You acknowledge that AudiencePoint owns all rights, title, and interest in and to the Services, including all intellectual property rights. By using the Services, you do not acquire any proprietary rights in the Services or the content accessed through the Services.

6. Termination

  • By AudiencePoint: AudiencePoint may terminate your access to the Services with or without cause at any time and without notice.
  • By You: You may discontinue your use of the Services at any time.

7. Disclaimers

The Services are provided “as is” and “as available.” AudiencePoint expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

AudiencePoint shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if AudiencePoint has been advised of the possibility of such damages) resulting from the use or the inability to use the Services.

9. Modifications to Terms

AudiencePoint reserves the right to modify these Terms at any time. Changes will become effective immediately upon posting to the website. Your continued use of the Services following such modifications signifies your acceptance of the modified Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.

11. Contact Information

For any questions or concerns regarding these Terms, please contact AudiencePoint at support@audiencepoint.com.