1. Agreement and authority
You may use the services only if you can form a binding contract and are authorized to act for the individual or organization identified on the account. If you use EMCO for an organization, that organization is responsible for your use and for anyone it authorizes.
Additional order forms, service schedules, or written agreements may apply. If they conflict with these Terms, the more specific signed document controls for the affected service.
2. Accounts and credentials
You must provide accurate registration information, protect passwords and credentials, and promptly update account details. Accounts may be shared across EMCO-connected sites, while business activity can remain associated with the originating site.
Interactive session tokens, API keys, and administrative credentials serve different purposes. You must keep them confidential, use the least access reasonably needed, and notify EMCO promptly if you suspect compromise or unauthorized use.
3. Services and changes
EMCO provides tools for communications, routing, identity, content, analytics, and related operations. Features, channels, destinations, and third-party network availability may change over time.
We may improve, replace, limit, or discontinue a feature. When a material change adversely affects a contracted service, any notice or remedy in the applicable service document will apply.
4. Customer responsibilities
You are responsible for your applications, message content, recipients, contact lists, sender identities, consent records, configuration, and use of the services. You must confirm that your use is lawful and appropriate in every relevant destination.
You must provide clear customer-facing notices, honor opt-outs and preferences, maintain reasonable security, and test integrations before relying on them for production or time-sensitive workflows.
5. Communications and consent
You may send communications only where you have a valid basis and where the recipient would reasonably expect the message. Service communications and optional marketing must be distinguished when applicable.
By providing your own contact information to EMCO, you agree to receive necessary account verification, security, transaction, and service messages. Optional marketing communications depend on the separate choices you make and may be withdrawn at any time.
6. Fees, billing, and taxes
Fees may be based on usage, destination, channel, message segmentation, carrier charges, agreed commitments, implementation, support, or other items stated in an order or pricing page. Displayed rates are informational until confirmed in an applicable agreement.
You are responsible for applicable taxes and for reviewing invoices or usage records promptly. Unless an agreement states otherwise, undisputed amounts are due as invoiced and fees already incurred are non-refundable.
7. Acceptable use
You must comply with the EMCO Acceptable Use Policy, which is incorporated into these Terms. You may not use the services for unlawful, deceptive, harmful, abusive, or unsolicited communications or to interfere with networks, accounts, or other users.
EMCO may investigate suspected misuse and may limit or suspend affected traffic or access when reasonably necessary to protect recipients, customers, networks, or the service.
8. Third-party networks and services
Communications can depend on carriers, email providers, messaging platforms, internet services, and other third parties that EMCO does not control. Their rules, outages, filtering, and fees can affect availability and delivery.
EMCO will use reasonable efforts to operate the service, but acceptance of a request does not guarantee delivery, timing, display, or recipient action.
9. Customer content and data
You retain ownership of content and data you submit. You grant EMCO the limited rights necessary to host, process, route, transmit, and secure that content and to provide, support, and improve the services.
You represent that you have the rights and permissions necessary for the data and instructions you provide. Do not submit sensitive data that is unnecessary for the communication purpose.
10. EMCO intellectual property
EMCO and its licensors own the services, software, designs, documentation, trademarks, and related technology, excluding customer content. These Terms grant only a limited, non-exclusive, non-transferable right to use the services during the applicable service period.
You may provide feedback. EMCO may use feedback without restriction or obligation, provided it does not identify you or disclose your confidential information without permission.
11. Confidentiality
Each party may receive non-public information that a reasonable person would understand to be confidential. The receiving party will protect it with reasonable care and use it only for the relationship.
Confidentiality obligations do not apply to information lawfully known without restriction, independently developed, received lawfully from another source, or made public without breach. Legally required disclosure is permitted with notice where lawful.
12. Suspension and termination
You may stop using the services at any time, subject to outstanding fees and applicable service commitments. EMCO may suspend or terminate access for material breach, security risk, unlawful use, nonpayment, or harm to the service or third parties.
Where practical, EMCO will limit a suspension to the affected use and provide notice and an opportunity to cure. Terms concerning accrued payment, confidentiality, intellectual property, disclaimers, liability, and disputes survive termination.
13. Disclaimers
Except as expressly stated in a signed agreement, the services are provided on an as-available basis. To the fullest extent permitted by law, EMCO disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
EMCO does not warrant uninterrupted operation, delivery to every destination, compatibility with every third-party network, or that the services alone will satisfy your legal or regulatory obligations.
14. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, arising from these Terms.
Except for amounts that cannot lawfully be limited and any different limit in a signed agreement, each party's aggregate liability will not exceed the fees paid or payable for the affected services during the twelve months before the event giving rise to the claim.
15. Indemnification
You will defend and indemnify EMCO and its affiliates from third-party claims arising from your applications, content, recipients, unlawful or unauthorized communications, breach of these Terms, or violation of another party's rights.
EMCO will provide reasonable notice and cooperation, and you may control the defense, provided no settlement admits fault by or imposes obligations on EMCO without consent.
16. Governing terms and disputes
The governing law, forum, and any dispute process stated in a signed order or service agreement will apply. If no such document applies, the parties will first attempt in good faith to resolve a dispute through written notice and business discussion before filing a formal claim.
Nothing in this section prevents either party from seeking urgent injunctive relief for misuse of credentials, intellectual property, confidential information, or service security.
17. General
Neither party may assign these Terms without consent, except in connection with a merger, reorganization, sale of substantially all relevant assets, or to an affiliate, provided the assignee can perform the obligations. Neither party is liable for delay caused by events beyond reasonable control.
If any provision is unenforceable, it will be adjusted only as needed and the remaining provisions continue. Failure to enforce a provision is not a waiver. These Terms and applicable service documents form the complete agreement for their subject matter.
18. Changes and contact
EMCO may update these Terms to reflect service, legal, or operational changes. The updated date will be shown above, and material changes will be communicated through a reasonable channel when required.
Questions about these Terms may be sent to support@emcoteck.com.