Terms & Conditions

Last Updated: June 2024  |  Earth Software Solution  |  earthsoftwaresolution.com

Please read these Terms and Conditions ("Terms") carefully before using the services offered by Earth Software Solution ("Company," "we," "us," or "our") at earthsoftwaresolution.com. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Acceptance of Terms

By registering for, accessing, or using any service provided by Earth Software Solution, you confirm that you are at least 18 years of age, have read and understood these Terms, and agree to be legally bound by them, along with our Privacy Policy.

2. Description of Services

Earth Software Solution provides SMTP relay services, email marketing software, dedicated IP solutions, bounce management systems, and related digital marketing tools (collectively, "Services"). Services are provided on a subscription basis and are subject to availability and fair use policies.

3. Acceptable Use Policy

You agree that you will NOT use our Services to:

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

4. Account Registration

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@earthsoftwaresolution.com of any unauthorized use of your account.

5. Subscription, Billing & Payments

Services are billed on a monthly subscription basis. Payment is due at the beginning of each billing cycle. We accept payment via PayPal and other approved payment methods. All fees are non-refundable except where expressly stated or required by applicable law. Failure to pay may result in service suspension.

6. Cancellation & Termination

You may cancel your subscription at any time by contacting our support team. Cancellation takes effect at the end of the current billing period. We reserve the right to terminate accounts that violate our Acceptable Use Policy without prior notice or refund.

7. Email Deliverability & No Guarantee

While we take all reasonable steps to maximize email deliverability and maintain IP reputation, Earth Software Solution does not guarantee 100% inbox placement. Email delivery depends on many factors including recipient server configurations, sender reputation, and content quality. We are not responsible for emails blocked, filtered, or rejected by third-party mail servers.

8. Intellectual Property

All content, software, branding, and materials provided by Earth Software Solution are the intellectual property of the Company and are protected by applicable copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or redistribute any Company materials without prior written consent.

9. Limitation of Liability

To the maximum extent permitted by law, Earth Software Solution shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use our Services, even if we have been advised of the possibility of such damages.

Our total liability for any claim related to our Services shall not exceed the total amount you paid us in the three (3) months preceding the event giving rise to the claim.

10. Disclaimer of Warranties

Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Indemnification

You agree to indemnify, defend, and hold harmless Earth Software Solution, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding personal data.

13. Email Opt-in & Consent

By submitting your email address through our lead generation form or any contact form on this website, you consent to receive service-related communications, promotional information, and marketing materials from Earth Software Solution. You may unsubscribe at any time by clicking the "unsubscribe" link in any email or by contacting us at support@earthsoftwaresolution.com.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our Services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Governing Law

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration or in a court of competent jurisdiction.

16. Contact Us

If you have questions about these Terms & Conditions, please contact us: