Terms And Conditions

TERMS AND CONDITIONS

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.whiteses.com (“Our Site”), owned by Pointis Solutions Limited, a company registered in England under 10172079, whose registered address is 12 Constance Street, London, England, E16 2DQ. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.

WhiteSES provides certain services relating to the development, transmission, analysis, and management of email messages and other digital communications and tools (the “SERVICES”) through the website located at www.whiteses.com and such other sites as may be designated by WhiteSES (each, the “SITE” or collectively, the “SITES”). All access to and use of the Services available through the Site are subject to the terms of this Agreement. If You wish to access or use the publicly available portions of the Site or use certain Services requiring registration or place an order through the Site, by email, phone or any other way (“ORDER”), you should comply with this Agreement.

  1. Definitions: Capitalized terms used in this Agreement have the definitions given in this Agreement, and other terms will have their plain English meaning as commonly interpreted in the United Kingdom.
  2. Changes to this Agreement: WhiteSES reserves the right to change or modify this Agreement at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time. As applicable, you will be deemed to have agreed to such change or modification of this Agreement through your continued use of the Site or Services. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  3. Changes to the Site and Services: The features and functions of the Services and APIs may change over time. Although WhiteSES endeavours to avoid changes to the APIs that are not backwards compatible, if any such changes become necessary, WhiteSES will use commercially reasonable efforts to notify you prior to implementation. However, WhiteSES may suspend, discontinue, update, change, revise the Services (or any portion thereof) with or without notice at its sole discretion.
  4. Term
    1. The term of this Agreement will commence on the Effective Date and continue for the initial period stated in the applicable order (“Initial Term”). If no Initial Term is stated in the applicable order or its confirmation, this Agreement will continue for an Initial Term of one month and will thereafter automatically renew for the successive additional one-month renewal term. Unless terminated as set forth herein, the term will continue to renew until you notify WhiteSES that you do not wish to renew the agreement at least 10 days prior to the end of the current Term.
    2. If you ordered a trial or free subscription to the Services, then the following additional terms shall apply: (a) the Term will continue for the period of the Trial/Free Subscription indicated in the Order and will thereafter expire unless you place an order for a non-trial subscription to the services prior to the expiration thereof; (b) this Agreement may be terminated upon notice to you by WhiteSES for any or no reason any time in WhiteSES’s sole discretion; (c) WhiteSES shall have the right to include its trademark or service mark (including any name, logo, slogan or product or service names) in email communications sent through your account; (d) Section: Fees and Payment, Section: Warranties and Disclaimer and Section: Indemnity will not be applicable.
  5. Access to the Services
    1. Upon confirmation of Your Order by WhiteSES, You will be granted access to the Services using the username and password applicable to your account (“Account ID”). Each Account ID is personal in nature and may be used only by you or a designated employee(s) or contractor(s) within your organization. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    2. You are solely responsible for all use of the Services by each User and for compliance by each User with this Agreement.
    3. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact us immediately. We will not be liable for any unauthorised use of your Account. You are solely responsible for all costs, fees, liabilities or damages incurred through use of your Account (whether lawful or unlawful).
  6. Software and Services
    1. Software or code available on or for download through the Site or Services (“Software”), if any, are protected by IPR (as defined below). WhiteSES grants you a limited, non-exclusive right and license to execute the software in accordance with the instructions provided on the Site and solely for your own business purposes in connection with your access to and use of the Services.
    2. Unless expressly stated, you are granted no licenses or rights to modify, reproduce, perform, display, create derivative works, republish, post, transmit, participate in the transfer, distribute or in any way exploit any portion of the Software without the prior written permission of WhiteSES.
    3. As a condition of using the Service, you shall enable us to access your AWS account. Subject to the terms of these Terms, you acknowledge and agree that access to AWS and the AWS Simple Email Service (SES) is not provided to you under these Terms, and is subject to a separate agreement between you and Amazon Web Services.
    4. WhiteSES facilitates integration with a number of third party services which you can use in relation to your account or your Contents (“Third Party Service”), although we make no warranty as to any ongoing support for any third party service. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any Third Party Service. Any contract entered into and any transaction completed by means of your use of the Service with any Third Party Service is between you and the relevant third party, and not us. We recommend that you refer to the third party’s website terms and conditions and privacy policy prior to using the relevant Third Party Service.
    5. You acknowledge that the AWS or an operator of a Third Party Service may render ineffective or impair the sending, receipt of viewing of any Content (for example, by breaking links in the Content or removing images from the Content). For the avoidance of doubt, you acknowledge that we shall have no liability to you in respect of any such action.
    6. If at any time you cease to have a current WhiteSES account in good standing, you will be unable to use the Service. Your obligation to pay the Subscription Fees will remain unaffected.
  7. Ownership of IPR
    1. For purposes of this Agreement, “IPR” means any and all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.
    2. WhiteSES retains all right, title and interest including and without limitation to all IPR in the Sites, Services, Technology and Content (as defined below), Software and any additions, improvements, updates and modifications.
    3. The WhiteSES name, logo, product and service names associated with the Services are trademarks of WhiteSES (or its third party providers), and no license is granted to you unless expressly stated in writing.
    4. WhiteSES requires users of the Site to respect the IPR of WhiteSES, its affiliates, and other third parties, WhiteSES respects the IPR of Users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement; You may notify us by mail to Pointis Solutions Limited: 12 Constance Street, London, England, E16 2DQ or by e-mail to email to [email protected] with the identity of the infringed work, and of the allegedly infringing work, your name, address, daytime phone number, email address, signature and if available a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the Law.
  8. Content
    1. WhiteSES provides You with access to certain data, information and other content through the Site and Services (“WhiteSES Content”). Subject to this Agreement, each User and OEM User (as applicable) may: (i) access the WhiteSES Content solely for Your own business purposes in connection with the use of the Services; and (ii) distribute the WhiteSES Content as incorporated into emails generated and sent by You or any OEM User (as applicable) through the Services. Except as expressly provided in this Agreement, You are not allowed to alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with the WhiteSES Content including the content from independent third-party providers. WhiteSES uses commercially reasonable measures to ensure that the Third Party Content is reliable, but WhiteSES has no independent basis to verify or contradict the accuracy or completeness of the Third Party Content and will not be responsible for any erroneous Third Party Content provided through the Services.
    2. You will be solely responsible for all data, information and other content provided, collected or obtained from you through the Services including the personal data relating to you, your employees, your contractors or your agents (“YOUR CONTENT”).
    3. The Site and communications sent through the Services may contain links to third-party sites that are not under the control of WhiteSES, and WhiteSES is not responsible for any content on any linked site. If You access a third-party site from the Site or from a communication sent through the Services, then You do so at Your own risk.
    4. You, your employees, your contractors or your agents grants WhiteSES to collect all necessary rights and licenses to provide, optimize and maintain and manage and secure the Services and platform, comply with applicable Laws and to investigate and prevent system abuse or fraud, unauthorized access to or use of the Services, breaches of this Agreement or applicable policies and other wrongful behavior.
    5. You shall maintain a back-up of all your content and WhiteSES will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of Your Content. WhiteSES may take remedial action if any of Your Content violates this Agreement, provided that WhiteSES is under no obligation to review any of Your Content for accuracy or potential liability.
    6. For purposes of this Agreement, “Sensitive Data” means (i) passport number, driver’s license number, or similar identifier (ii) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), (iii) employment, financial, genetic, biometric or health information, (iv) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation, (v) account passwords, (vi) date of birth, (vii) criminal history, (viii) mother’s maiden name, or (ix) any other information that falls within the definition of “special categories of data” under GDPR or any other applicable law relating to privacy and data protection. Sensitive Data will not be provided to WhiteSES at any time and WhiteSES will have no liability whatsoever for Sensitive Data, whether in connection with a security incident or otherwise.
    7. Notwithstanding anything in the Privacy Policy, WhiteSES will have the right to collect, extract, compile, synthesize and analyze aggregated, non-personally identifiable information or data (data or information that does not identify you or any other entity or natural person as the source thereof) resulting from Your access to the Site and operation of the Services including volumes, frequencies, bounce rates, or any other information regarding the email and other communications You generate using the Services (collectively, “Service Data”). To the extent, Service Data is collected or generated by WhiteSES, such data will be solely owned by WhiteSES, constitutes “WhiteSES Content” hereunder and may be used by WhiteSES for any lawful business purpose without a duty of accounting to You or any of Your OEM Users, customers or recipients.
    8. If You provide feedback or suggestions about the Service, WhiteSES may use that information without obligation to you including all rights, title and content of such feedback or suggestions.
  9. Restrictions
    1. The Services, Sites, Software, and the databases, hardware and other technology used by or on behalf of WhiteSES to provide the Services and operate the Sites (“TECHNOLOGY”) and their structure, organization, and underlying data, information and source code constitute valuable trade secrets of WhiteSES.
    2. Use the Site, Services or any Software to harvest or collect e-mail addresses or other contact information of third parties by any means for the purposes of sending unsolicited e-mails or other unsolicited communications;
    3. Use the Site, Services or any Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Services;
    4. Use automated scripts to collect information or interact with the Site, Services or any Software;
    5. Use the Site, Services or any Software to intimidate or harass any other people or entities;
    6. Alter, modify, reproduce, create derivative works of the Services, Technology, or any Software;
    7. Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Site, Services, Technology or any Software;
    8. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Sites, Services, Technology, or any Software;
    9. Interfere in any manner with the operation or hosting of the Sites, Services, Technology or any Software, or attempt to gain unauthorized access to the Sites, Services, Technology or any Software;
    10. Use the Service for any high-risk activities including, but not limited to, the operation of nuclear facilities, air traffic control, life support systems, emergency services or where the use or failure of the Service could lead to death, personal injury or environmental damage (collectively, “High-Risk Activities”).
    11. WhiteSES does not intend uses of the Service and you agree not to use to create obligations under the applicable United Kingdom and international intellectual property laws and treaties and makes no representations that the Service satisfies the requirements of such laws.
  10. Subscription
    1. The “Subscription Fees” are the fees payable for your subscription, as specified to you when you register for a paid subscription to the Service.
    2. Your subscription begins as soon as your initial payment is processed. Your subscription will auto-renew (that is, it will automatically roll over on expiry to a new period of the same duration) until you cancel the subscription. You can cancel your subscription at any time through the Dashboard upon logging into your Account or by emailing us at [email protected] payment is non-refundable and your subscription will continue until the end of the current billing period. The Subscription Fees are subject to change at any time, but you will be notified of any change by email to the address listed on your account. We will also post a notice of the change on the Website. The change will take effect at the end of your subsequent billing period.
  11. Fees and Payment Terms
    1. You agree to pay WhiteSES all fees set forth in each order or order confirmation and any fees otherwise specified on the Site (“Fees”).
    2. All Fees will be billed as indicated in each Order or Confirmation unless WhiteSES and you expressly agree otherwise in writing. WhiteSES may change any fees or terms by posting the changes to the Sites or notifying you. Such changes may take effect at the beginning of the next Renewal Term.
    3. You shall be responsible for all taxes including VAT if applied imposed on the Services, except net income, property tax or payroll taxes of WhiteSES.
    4. If the applicable Order or Confirmation does not specify the payment terms, the initial payment of fees specified under such order or confirmation for each period in your subscription will be due and payable by you in advance on or before the completion of each subsequent period under this Agreement.
    5. Subject to 8.7, if You are overdue on any payment of Fees and fail to pay within five business days of a written notice of overdue payment, WhiteSES may suspend your account. If WhiteSES requires the use of collection agencies, attorneys, or courts of law for collection, you will be responsible for those expenses.
    6. If you have specified credit/debit card or Direct Debit bank account and if WhiteSES agreed with a payment mechanism to save such records under this Agreement, you grant WhiteSES the right to charge the credit/debit card or debit the bank account for all fees incurred under this agreement.
    7. Refunds: We'll give you a refund for the rest of calendar days of the prepaid month if we terminate or suspend your account or providing the Service to you for a reason that's not stated in these Terms and Conditions. You won't be entitled to a refund from us under any other circumstances.
    8. In the event that you dispute any portion of the Fees paid or payable by you under this Agreement, you must provide written notice to WhiteSES within 60 days of the invoice and the parties will work together to resolve the applicable dispute promptly. If you do not provide written notice of your fee dispute within such 60-day period, you will not be entitled to dispute any Fees paid or payable.
  12. Termination
    1. This Agreement may be terminated by WhiteSES at any time and in its sole discretion upon any breach by You of this Agreement that remains uncured 10 days after WhiteSES delivers written notice to you of such breach.
    2. Without limiting WhiteSES’s right to terminate this Agreement, WhiteSES may also immediately and indefinitely suspend your access to the Sites or Services, with or without notice to You, upon any actual, threatened or suspected breach of this Agreement or upon any other conduct deemed inappropriate or detrimental to the Services by WhiteSES including, but not limited to, rogue script, bad send and unauthorized takeover or other malicious activity on Your Account.
    3. Effect of Termination: Upon termination or expiration of this Agreement for any reason: (i) all rights and subscriptions granted to You under this Agreement will terminate; (ii) You will immediately cease all use of and access to the Sites and Services; (iii) all Fees then owed by You will become immediately due and payable; (iv) You will immediately either return to WhiteSES or, at its sole discretion, destroy the WhiteSES Confidential Information in Your possession or control; and (v) WhiteSES shall delete any of Your Content held by WhiteSES in accordance with WhiteSES’s current data retention policy.
  13. Warranties and Disclaimer
    1. By WhiteSES: WhiteSES represents and warrants to You that WhiteSES will use commercially reasonable efforts to maintain and verify that the Services operate in accordance with this Agreement. WhiteSES’s sole obligation in its sole discretion will be re-perform the affected Services or refund to You the fees you have actually paid for the affected Services during the month in which the failure occurred.
    2. By You: You hereby represent, warrant, and covenant for the benefit of WhiteSES that: (i) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (ii) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Services; (iii) Your Content, and any other data, information or content You provide to WhiteSES in connection with this Agreement and Your access to the Site and use of the Services, is correct and current and does not or will not violate this Agreement; (iv) You have all necessary right, title, interest and consent necessary to allow WhiteSES to use Your Content for the purposes for which You provide Your Content to WhiteSES, including, without limitation, the delivery of any and all emails and other communications; (v) You shall not export or re-export the Service except in compliance with the applicable laws and regulations into any embargoed, terrorist-supporting, restricted or prohibited country. You shall comply with any applicable international, or local treaties, laws, rules, regulations or ordinances (“Laws”) regarding Your use of or access to the Site or Services or regarding your business, products or services. You are not allowed to make any representation, warranty, guarantee or offer the Services to any Users as an integrated or unintegrated part of WhiteSES without its prior written approval.
    3. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITES AND SERVICES, CONTENT PROVIDED THROUGH THE SITES AND SERVICES ARE PROVIDED TO YOU STRICTLY “AS IS” AND “AS AVAILABLE”. NEITHER SOFTWARE NOR THE SITES AND SERVICES ARE DESIGNED OR INTENDED FOR HIGH-RISK ACTIVITIES. NEITHER WhiteSES NOR ITS LICENSORS WARRANT THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WhiteSES, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OR CREATE ANY NEW WARRANTIES IN ADDITION TO THIS AGREEMENT UNLESS IT IS EXPRESS STATED IN WRITING.
    4. You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given under this agreement. You will be responsible for any loss or damage suffered by Us as a result of such breach.
  14. Data Privacy and Cookies: Use of Our Site and Services is also governed by Our Cookie and Privacy Policies. These policies are incorporated into these Terms of Use by this reference.
  15. General
    1. All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
    2. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the Law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the Law, and the remaining provisions will remain in full force.
    3. The prevailing party in any lawsuit or proceeding arising from or related to this Agreement will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.
    4. Neither this Agreement nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger or operation of law) without the prior written approval of WhiteSES. Any assignment in violation of the foregoing will be null and void.
    5. WhiteSES may assign this Agreement to any party that assumes WhiteSES’s obligations hereunder. This Agreement does not confer any benefits on any third party unless it expressly states that it does. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. This Agreement is the complete and exclusive statement of the agreement between the parties with respect to the subject matter of this Agreement, and this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. WhiteSES provides the Service, including related software and technology, for ultimate federal government end use solely in accordance with the terms of this Agreement. If You (or any of Your customers) is an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited and no rights than those provided in this Agreement are conferred. The Service was developed fully at private expense.
    6. WhiteSES may reference you as a user of the Services and, in listings of users of the Services appearing on the WhiteSES website and for other marketing and promotional purposes relating to the Services.
    7. Disputes: Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”). If any Dispute cannot be resolved through negotiations between the parties within five days of notice from one party to the other of the Dispute, such Dispute will be finally subject to the jurisdiction of the courts of England and Wales.
    8. Governing Law: These Terms and Conditions and the relationship between you and WhiteSES (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.