1- Object
This document defines terms of sale and use of Sarbacane 3 software and its associated services Personalized Tracking and Professional Routing Service. These services are sold by Sarbacane Software company which is located 3 Avenue Antoine Pinay, Parc des 4 vents in Hem (59510 - FRANCE). When he buys the software and/or subscribes to an associated service, the subscriber admits he has read, understood and accepted explicitly and entirely these general terms.
2- Sarbacane 3 software description
Sarbacane 3 is a PC-Windows software which allows to send and follow e-mailing campaigns. This software is available as a trial version. Sarbacane Software advises everyone or every company to install and use this trial version first by downloading it free on the website http://www.sarbacane.com/uk-us/ before subscribing to Sarbacane 3 software. This tryout will allow him to check if the software is compatible with its harware and its needs in terms of electronic communication.
The use of the software, even in its trial version, is subject to the respect of the licence contract which is associated. To enable all the features and services of the software the user must take out a subscription. Several choices of subscriptions are available. For further information about them the user can refer to subscriptions prices on the website or by contacting the Sarbacane Software's sales department or a Sarbacane Software's partner.
3- Sarbacane 3 services description
Personalized Tracking
The Personalized Tracking Service is available in Sarbacane 3 as an option. It allows to analyse and use events which may be observed in an e-mailing campaign such as: message's openings, clicks on links, unsubscriptions (by respecting the unsubscribe management protocol).
These statistics are updated in real time and can be used at every time in Sarbacane 3 software in its "Results" page. To learn more about the Personalized Tracking Service the user can refer to the online manual which is available in the software (Sarbacane menu > Help index). In case he needs it, the online help can be enabled at every time by pressing F1 on the keybord. This will open a window which will display explanation about the page which the user is located in.
Professional Routing Service
The Professional Routing Service is available in Sarbacane 3 as an option. It allows the user to send its e-mailing campaigns via a high-performance and high-deliverability routing gateway which is developed and hosted by Sarbacane Software. This service can be very usefull in the case the user doesn't have an appropriate sending infrastructure. Howaver the user is not obliged to use this routing gateway to send its e-mails, the software allows him to set the parameters of its own sending service (smtp server).
4- Preconditions for using the software and its services
In order to access all the Sarbacane 3's features and services the customer has to register the licence key he get while purchasing first. He can enter this key when the software starts.
The Personalized Tracking Service is available in Tracking and Premium subscriptions. The Professional Routing Service is available in Premium subscriptions only. The Personalized Tracking is unlimited in all the campaigns during the period of subscription, with the exception that the customer respects clauses #10 and #11 of these terms (talking about privacy and limits of use).
When the customer chooses a Premium subscription he get a number of routing credits he can use for the Professional Routing Service. This number if included in the Premium subscription the customer has chosen. One credit allows the customer to send a less than 195 Kb-email.
Over this weight, sending a message costs a supplementary credit every 195 Kb. Routing credits are available every month if the customer has chosen a monthly payment or every year if the customer has chosen an yearly payment. In case the customer needs more credits to send his campaign he can connect to his Sarbacane account or contact the sales department in order to renew or upgrade his Premium subscription. Monthly Premium subscribers can also get supplementary credits. These can be used during a year after the purchase.
Customers are informed that the campaigns sent via Professional Routing Service are controlled before they are definitely sent to the recipients. This aims to check if the campaign respects privacy and limits of use (clause #10 and #11 of these terms).
5- Expiry and renewal of the Personalized Tracking and Professional Routing Services
The Personalized Tracking Service and the Professional Routing Service are available during all the period of subscription according to the pack the customer has chosen (Tracking or Premium for the first service, Premium only for the second one within the limits of the number of routing credits the Premium subscription includes). The subscription's expiry date can be known in the Sarbacane account on the website www.sarbacane.com/uk-us/. A button is also available in the top-right corner of the software.
When it is expired the customer needs to renew its Tracking or Premium subscription to use these services in new campaigns.
However the Personalized Tracking Service of a campaign which was sent before the expiry of the subscription will still work for this campaign for 3 months after the end of the subscription and tracking data will still be downloaded in Sarbacane 3 software.
6- Terms of subscription
Every subscription is available for a month or a year. The subscription starts when the licence key is entered in the software. When a customer buys an " annual " pack he signs up for 12 consecutive months. " Annual " packs are paid cash by credit card, cheque or transfert payment. The customer can not ask for a part or the total payback even if he doesn't use the software until the expiry date of his subscription.
" Liberty " or " monthly " subscriptions are valid for 30 consecutive days. The first month is paid by credit card only either on the website or by phone with the help of Sarbacane Software's sales department. A " liberty " subscription is automatically renewed by tacit agreement with the same credit card every 30 days. At anytime the customer can cancel his " liberty " subscription by going to his Sarbacane account or by contacting the customer service at unsubscribe@sarbacane.com. In his Sarbacane account the customer can also modify his subscription or get supplementary credits (see clause #4 of these terms).
No payback of a yearly or monthly subscription will be allowed if the licence key has already been registered in the software.
7- Delivery
When Sarbacane 3 software is bought online or by phone the software is systematically given by download via a link which is sent to the e-mail address of the subscriber. The licence key which allows to enable the software is specified in this e-mail.
When he purchases the software the customer may ask for a physical delivery of Sarbacane 3 besides (this costs extra fees). Sarbacane Software is committed to delivering the software and its licence key within a reasonable time after it has received the purchase or after the product is launched if it is a new version. However if Sarbacane Software doesn't respect this lead time the customer will not ask for compensation or damages. Risks of deterioration, loss or theft of goods will be transfered to the customer as soon as the delivery is complete.
8- Availability of the services
Sarbacane Software tries to make Personalized Tracking and Professional Routing Services available 24/7 as far as possible. A service may be temporarily interrupted because of technical reasons (maintenance, update...).
Sarbacane Software is committed to not interrupting its services more than 24 hours. In case this discontinuation goes on more than 24 hours the customer could have the right to ask for a payback of his subscription for the portion of the number of discontinuation days compared with the total time of subscription.
At anytime Sarbacane Software can turn off its services or modify their features without any notice. The customer will be able to ask for a payback which amount is his subscription to Personalized Tracking for the portion of the number of discontinuation days compared with the total time of subscription.
Except for the discount which are specified in both cases above, Sarbacane Software could not be subject to any request of compensation for sales, technical, financial and legal consequences which may follow from a discontinuation of the service or any other fact connected to its use.
9- Respect of privacy
During the use of Sarbacane 3 software the user must comply with legal and regulation measures which are relative to the respect of privacy in effect in the country which the sender is located in and the one which message's recipients live in. So in France in particular if the sender uses personal data to do marketing direct he has to give to the recipient the possibility to be opposed free and with no reason to the planned processing of his personal data.
Besides the user can not use the software to send commercial e-mails without the preliminary and specific approval of the recipient if his data are nominative. As a precaution and in order to check the compliance of the use of the software with the licence contract and these terms of use, Sarbacane Software will automatically receive a copy of the message sent by e-mail for every campaign sent with Sarbacane 3 software. Sarbacane Software reserve the right to use these copies to identify the sender of a campaign sent with the software.
10- Licence limits
Beside the obligation to respect the laws of electronic communication (see chapter 9 above) and before any subscription or utilisation of the software, the customer agrees to adhere to all limitations fixed by Sarbacane Software concerning the access to both services "Tracking" and "Routing" and expressed below.
Sarbacane Software do not authorize the sending of "pure" affiliated campaigns through its Professional Routing Service and/or the use of the Tracking Service of such campaignes. "Pure" affiliated campaigns are campaigns making the promotion of a service or a product which is not commercialised by the licensee and user of the software Sarbacane 3.
Likewise, Sarbacane Software do not authorize to use both services "Tracking" and "Routing" to mass canvassing through data coming from professional email addresses directories the customer may get in any CD-rom, DVD or download platform. We remind that using professional email addresses must respect specific rules which are set in France by CNIL.
Furthermore, Sarbacane Software do not authorize the use of the Professional Routing Service for the sending of campaigns whose content is violent, obscene, pornographic, blasphemous, offensive or discriminating or whose content is promoting some sensitive activities such as online games, casinos, clairvoyance, weight loss and so on.
Finally, the licensee commits himself to put at the disposal of the recipients of his campaigns some operative means to allow them to oppose freely and without any statement the intended treatment of their personal details.
11- Commencement of liability and duration of subscriptions
Any subscription to a service will come into effect at the right moment of its acceptance by the licensee, under reserve that Sarbacane Software confirms this by the activation of the service, and will last from this date on for the duration chose by the licensee.
The absence of use of a service during the subscription period will neither lead to the extension of its duration nor giving the right for the licensee to ask for any payback.
12- Infringement of these Terms of Use
In case of infringement of these Terms of Use and/or the licence contract of the software, Sarbacane Software reserves the right to instantly or definitively terminate the access of the licensee to the Sarbacane Services so as to cancel its subscription without any compensation in return. This measure will be strictly applied, especially in case of nonconformance to the articles 10 and 11 of these Terms of Use, concerning the Privacy Respect and the Limitation of Liability, as well as complaints from the recipients of a campaign sent by the licensee.
However, the licensee remains the only liable person for the conformity of his campaigns with the legislation and the arrangements which are effective in France or in the countries where the recipients are settled in. The fact that Sarbacane Software did not forbid the access of a licensee to the Sarbacane Services or interrupted its subscription does not disengage the licensee of any liability concerning the conformity of his campaigns. This licensee can in no way make Sarbacane Software liable for that. Sarbacane Software totally declines this liability.
13- Modification of Services and General Terms of Use
Sarbacane Software reserves the right to modify the Services and/or these General Terms of Use, especially according to the technical developments and/or the legislation.
Each modification implemented will be presented online on the website of Sarbacane Software. Each licensee should therefore take note of these modifications by consulting the website, without any necessity from Sarbacane Software to inform them by another means.
14- Law and appropriate jurisdiction
Any litigation concerning the interpretation and the execution of these General Terms of Use will be submitted to the French Law. The argument raised will be presented to the appropriate jurisdiction.
For any further question about these General Terms of Use, please send us an e-mail at: marketing@sarbacane.com
