Effective date: July 6th, 2023

1.0 Introduction and Acceptance of Terms

1.1 This Agreement is entered into by and between ReadTomato (“we”, “us”, “our”) and the client (“Client”) for the provision of a newsletter service (“Service”). By using our Service, the Client agrees to abide by these Terms and Conditions (“Terms”).

1.2 By providing ReadTomato with their email database for the purpose of distributing the blog article newsletter, the Client acknowledges and agrees to these Terms and Conditions. It is the Client’s responsibility to review these Terms and Conditions prior to the use of the Service.

2.0 Service Description

2.1 Our Service includes the creation, management, and distribution of a monthly newsletter via MailerLite.com. The newsletter will include the Client’s logo, contact information, an introduction, and the most recent blog articles. The articles will be added dynamically via RSS feed.

2.2 The Service will commence two weeks after account setup. Articles written between account setup and the two-week period before the send date will be included in the first newsletter. Subsequent newsletters will include articles written after the most recent newsletter send date.

3.0 ReadTomato Responsibilities

3.1 Upon the Client’s agreement to the Service, we will setup the Client’s MailerLite account to automatically send out monthly newsletters.

3.2 We will collect email addresses from the Client, upload this database to the MailerLite account, and use MailerCheck to scan and remove low-quality email addresses.

3.3 We will design the newsletter with the Client’s logo and link to the latest blog articles published on the Client’s website.

3.4 We will automate sending out newsletters via the Client’s MailerLite account every first Monday of the month to the Client’s email list.

4.0 Client Responsibilities

4.1 The Client will provide an email database for newsletter recipients.

4.2 The Client is responsible for the accuracy and legality of the email database provided.

4.3 The Client is responsible for obtaining any necessary permissions or licenses for content or materials provided to us that are not original to the Client.

5.0 Pricing and Payment

5.1 Pricing is based on the number of quality email addresses added to the account:

  • 1 to 250 email addresses: Free
  • 251 to 1,000: $25/month
  • 1,001 to 5,000: $50/month
  • 5,001 to 10,000: $100/month

5.2 Payment is due monthly and is non-refundable. Failure to pay shall result in suspension or termination of the Service.

6.0 Intellectual Property Rights

6.1 Upon full payment, the Client will receive all intellectual property rights associated with the newsletter. This includes copyrights and any other rights necessary for the Client to modify, use, and distribute the newsletter.

6.2 If the newsletter includes any third-party materials, the rights to these materials will be governed by their respective licenses. We will inform the Client of any such materials and the terms of their licenses.

7.0 Confidentiality

7.1 Both parties agree that during the course of this Agreement, they may have access to confidential and proprietary information (“Confidential Information”) of the other party. Confidential Information includes, but is not limited to, business plans, customer lists, financial information, or any other information marked or identified as confidential.

7.2 Both parties agree to hold each other’s Confidential Information in strict confidence and not to disclose such information to any third parties or to use such information for any purpose other than as required to perform under this Agreement.

7.3 Confidential Information does not include information that: (a) is or becomes generally known to the public through no fault of the receiving party; (b) was known to the receiving party prior to its disclosure by the disclosing party; or (c) is rightfully received by the receiving party from a third party without restriction on disclosure.

7.4 The obligations under this section shall survive termination or expiration of this Agreement.

8.0 Limitation of Liability

8.1 ReadTomato will not be liable for any indirect, special, incidental, punitive, or consequential damages (including for the indirect loss of profit, revenue, or data) arising out of this Agreement. Our total cumulative liability arising from or related to this Agreement, whether in contract or tort or otherwise, will not exceed the fees actually paid by the Client to us under this Agreement.

9.0 Termination

9.1 Either party may terminate this Agreement with written notice. Upon termination, all unpaid fees become immediately due. The Client will retain ownership and intellectual property rights of all paid and delivered newsletters.

10.0 Indemnity

10.1 The Client agrees to indemnify and hold harmless ReadTomato, its employees, agents, and affiliates, from any claim, liability, loss, damage, cost, or expense (including without limitation, reasonable attorney’s fees) arising out of or related to the Client’s use of the Service, any materials it provides, any copyright infringement or other violation of any proprietary right of any third party, and any personal injury or property damage caused by any products or services provided under this Agreement.

11.0 Governing Law

11.1 This Agreement is governed by the laws of the state of California, USA. Any disputes arising from this Agreement will be resolved in the jurisdiction of Tehama County, CA.

12.0 Entire Agreement

12.1 This Agreement constitutes the entire agreement between ReadTomato and the Client and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

13.0 Disclaimer of Warranties

13.1 ReadTomato provides the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

13.2 ReadTomato does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

14.0 Email Delivery Disclaimer

14.1 ReadTomato will not be held responsible for the failure of email delivery by the MailerLite.com service, or the failure of the Client’s recipients to receive or open their emails. We disclaim all responsibility for any third-party’s ability to receive, open, or accurately display emails sent through the Service.

14.2 ReadTomato is not responsible for the privacy policies and practices of the Client’s email recipients. It is the Client’s responsibility to ensure that their email marketing practices comply with all applicable local, state, national, and international laws, rules, and regulations.

15.0 Anti-Spam Policy

15.1 ReadTomato is committed to a zero-tolerance, anti-Spam stance. The Client agrees to not use the Service to send unsolicited email or messages, bulk email or messages, or spam. The Client agrees to not use the Service to harass, threaten, or otherwise violate the legal rights of others, or to send any material that is inappropriate, defamatory, infringing, obscene, or otherwise objectionable.

15.2 The Client represents and warrants that the email addresses used in connection with the Service were legally obtained and that the Client has the right to send communications to such addresses.

15.3 The Client agrees to comply with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to those related to spamming, privacy, intellectual property, consumer and child protection, obscenity, or defamation.

16.0 Privacy Policy

16.1 ReadTomato respects the privacy of the Client’s email recipients and will only use their email addresses for the purposes of this Agreement. We will not sell, rent, or share email addresses with any third parties.

16.2 The Client is responsible for ensuring that their use of the Service complies with all privacy laws applicable to the jurisdictions in which the Client’s email recipients are located.

Again, please consult with a legal professional to ensure these sections are suitable for your specific needs and circumstances.

17.0 Data Collection and Use

17.1 ReadTomato collects and uses the Client’s data solely for the purpose of providing the Service. This may include the Client’s name, contact information, and email database. We do not collect any more personal information than necessary to provide the Service.

17.2 The Client’s data will be stored securely and will not be disclosed to any third parties, except as required by law or as necessary to provide the Service.

18.0 Data Protection

18.1 ReadTomato implements appropriate technical and organizational measures to protect the Client’s data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

18.2 In the event of a data breach that affects the Client’s data, ReadTomato will notify the Client as soon as possible and take appropriate steps to mitigate the impact of the breach.

19.0 Data Retention

19.1 ReadTomato will retain the Client’s data only for as long as necessary to provide the Service. After termination of the Service, we will delete the Client’s data in accordance with our data retention policy and applicable laws and regulations.

20.0 Data Access and Correction

20.1 The Client has the right to access their data and to ask for it to be corrected, updated, or deleted. If the Client wishes to exercise these rights, they should contact us at [Your Contact Information].

21.0 Email Campaign Conduct and Recipient Perception

21.1 In delivering our email newsletter campaign services, we strive to uphold email marketing best practices and safeguard our clients’ email reputation. However, we cannot control how recipients perceive and interact with these emails. Despite our efforts to curate valuable content and minimize spam flagging, some recipients may choose to mark these emails as spam. This decision, which can potentially affect a client’s email reputation, is beyond our control.

While we endeavor to mitigate this risk, we cannot be held responsible for any potential impact on the client’s email address reputation resulting from recipients’ actions. Our responsibility lies in facilitating the email campaign, delivering quality content, and employing strategies to lessen the likelihood of emails being flagged as spam. Therefore, by participating in our email campaigns, clients understand and accept this inherent risk, absolving us of any related liability.

21.0 Contact

12.1 For any questions or concerns about these Terms, please contact us by phone at 530-828-6764 or email us at [email protected]