Terms of Use

Welcome to Makeemail ("Website"). By accessing or using our Website, you agree to comply with and be bound by the following Terms of Use. Please review these terms carefully before accessing or using the Website. If you do not agree to these terms, you should not access or use the Website. These Terms of Use govern your use of the Website. The Website is owned and operated by Ivan Surin, based in Germany. Throughout the site, the terms "we", us" and "our" refer to Makeemail. References to 'you' in these Terms of Use indicate the member who created the Makeemail a Business owner as well as a Personal User account. For Personal Users: Makeemail's services are provided to Personal Users free of charge. Personal Users agree to abide by these terms and conditions in their personal capacity and understand that the services are intended for personal, non-commercial use only. For Business Owners: Lolyalty's services may be accessed by businesses or entities for commercial purposes subject to payment of applicable fees as outlined in separate agreements or pricing plans. Business Users agree to abide by these terms and conditions on behalf of the business or entity they represent and understand that the services are intended for commercial use.

1. Use of the Website

By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. You must not use our Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

3. Membership

2.1 This clause only applies to Business Owners.
2.2 Your Makeemail membership will continue until terminated. To use the Makeemail service you must have Internet access and provide us with at least one Payment Method. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method (see "Cancellation" below).
2.3 We may offer a number of subscription plans, including subscription plans that offer you extra tools on our Website. We may also change the subscription price. You will be notified separately of any changes to your subscription price and given the opportunity to agree to the change or cancel your subscription.
2.4 Billing Cycle
The subscription fee for Makeemail will be charged to your Payment Method on the payment date specified on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the Website and click on the «Profile/Billing» to see your next payment date.
2.5 Payment Processing with Stripe
By using Makeemail and making payments through our platform, you agree to be bound by the terms and conditions of our payment processor, Stripe. Stripe provides us with the technology to facilitate secure online payments. Your use of Stripe's services is subject to their terms of service and privacy policy, which you can review on their website. You understand and acknowledge that we do not directly process or store your payment information. All payment transactions are handled securely through Stripe's systems. We do not have access to your full payment details, such as your credit card number or bank account information. You agree to comply with all applicable laws and regulations regarding online payments, including but not limited to those related to fraud prevention and data security. We reserve the right to refuse or cancel any payment that we believe may violate these terms or pose a risk to Makeemail or users. By using Makeemail and making payments through Stripe, you consent to the collection, processing, and transfer of your payment information in accordance with both our privacy policy and Stripe's privacy policy. If you have any questions or concerns about payments processed through Makeemail, please contact us (See «9. Contact Information»).
2.6 Payment Methods
To use the Makeemail you must provide at least one Payment Method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
2.7 Updating your Payment Methods
You can update your Payment Method by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method.
2.8. Cancellation
You can cancel your Makeemail membership at any time, and you will continue to have access to Makeemail through the end of your billing period. To cancel, go to the "Account" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page.

4. Intellectual Property

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ivan Surin or its content suppliers and protected by international copyright laws.

5. Privacy Policy

Your use of the Website is also governed by our Privacy Policy.

6. Limitation of Liability

In no case shall Ivan Surin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any products procured using the Website, or for any other claim related in any way to your use of the Website.

7. Indemnification

You agree to indemnify, defend and hold harmless Ivan Surin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third- party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

8. Changes to Terms of Use

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

9. Miscellaneous

8.1 Governing
Law These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
8.2 Survival
If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

10. Contact Information

Questions about the Terms of Use should be sent to us at iv.d.surin@gmail.com.

By using this Website, you signify your acceptance of these Terms of Use. If you do not agree to these terms, please do not use our Website. Your continued use of the Website following the posting of changes to these terms will be deemed your acceptance of those changes.

Last updated 12 October 2024