ROBLY TERMS OF SERVICE

Last Updated: 04/30/2024

These Robly Terms of Service (“Agreement”) is a legal agreement between you (“you” or “Client”) and Robly Digital Marketing, LLC (“Robly,” “we” or “us”) the owner and developer of robly.com (the “Website” or “Site”) and the email service provider services (the “Services”) offered through the Site. By using the Site or by registering for the Service, you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement. The mandatory arbitration provision and class action waiver in Section 30 (Disputes) below govern the resolution of disputes. IF YOU DO NOT AGREE TO THE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, DO NOT USE THE SITE OR REGISTER FOR THE SERVICES.

  1. Agreement. By using the Site or registering for the Services, you represent and warrant that (a) you have read, understand, and agree to be bound by this Agreement, (b) you are at least eighteen (18) years of age, (c) the information you provided in connection with registering for the Services is true, accurate, current and complete, and (d) you have the authority to enter into this Agreement personally or on behalf of the organization you have named as the authorized user, and to bind that organization to this Agreement.

  1. Changes. The most recent version of this Agreement will be posted for your review at any time on the Site. Please review this Agreement in its entirety prior to engaging on the Site or using the Services. Your continued use of the Site or Services after any posting of an updated Agreement shall constitute your acceptance of and agreement to any changes therein made. We may refuse service, close your accounts or the accounts of any authorized users, and change eligibility requirements at any time, in our sole discretion.

  1. User Accounts and Security. Client is solely responsible for protecting and safeguarding Client’s account and passwords or other access protocols that have been provided to Client or that are generated in connection with Client’s use of the Services. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. You will notify us immediately if you lose your password or suspect that your account has been compromised.

  1. Privacy. For information about how we collect, use, share, or otherwise process information about you and your use of the Site and our Services, please see our Privacy Policy (https://support.robly.com/our-privacy-policy). Robly reserves the right to inspect and monitor your account, including the content of any email, at any time, without notice, to ensure compliance with the terms of this Agreement.

  1. EU Recipients. If you send emails within the European Economic Area or United Kingdom (collectively, “EU”), you represent and warrant compliance with all data protection and privacy laws and regulations, including, as applicable, the EU General Data Protection Regulation (“GDPR”) and laws enacted pursuant to the Privacy and Electronic Communications Directive. If you are a microenterprise, small enterprise, or nonprofit organization and Robly provides you with services within the EU, you hereby waive the right (where you are entitled to do so) to: (a) have our contract with you made available to you in a durable medium; (b) have a contract summary provided to you; and (c) be notified when your usage of any services based on volume or time limits reaches the limits of your tariff plan. In addition, your order form with Robly may set out a commitment period. In the event this period is longer than the maximum statutory period, you hereby waive the right to a shorter commitment period.

  1. U.S. Recipients.If you send emails within the United States (the “U.S.”), you represent and warrant compliance with all data protection and privacy laws and regulations, including, as applicable, state privacy laws and the federal CAN-SPAM Act.  Guidance from the Federal Trade Commission on how to comply with the CAN-SPAM Act is available at https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business.  

  1. Compliance Warranty. You represent and warrant that you have collected and processed all data that relates to any individual in compliance with all data protection laws and regulations relating to the country in which such individual lives and obtained all necessary consent to enable Robly to receive and process that data and forward communications to that individual on your behalf. Without limiting the foregoing, you represent and warrant that every email message sent in connection with the Services contains an “unsubscribe” link that allows contacts to remove themselves from your mailing list. You agree to indemnify and hold us safe from any losses, including attorney fees, that result from any violation of any part of these warranties.

  1. License. Subject to your compliance with the Agreement and applicable law, and registration for the Services, we hereby grant you a non-exclusive, non-transferable, limited, revocable right (as set forth herein) for you to install, access and use the Services that we make available to you, and that you license from us. Each license is to be used by only one authorized person and cannot be shared. At the end of your license term, your license(s) will expire. You agree that your decision to use, access, or license the Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

  1. Robly Intellectual Property. We remain the sole owner of all right, title, and interest in the Services and Site. Except as stated in this Agreement, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Site. This means you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. We reserve all rights not granted under the Agreement.

  1. Pricing and Payment. Monthly and annual pricing, based on number of contacts, is published on our Site. The number of contacts during an applicable time period is the greater of (a) unique contacts stored in your account or (b) unique contacts to which emails are sent from your account. If the number of contacts during an applicable time period increases, you will be immediately charged for the increased pricing associated with the increased number of contacts. Payments are made in advance but, except with respect to new accounts, pricing is based on the thirty (30) days of use prior to the start of the renewal period. If the number of contacts decreases to a lower pricing tier and is maintained for at least thirty (30) days, your Monthly plan will automatically downgrade at the next billing cycle following such thirty-day period.  For example, if the number of contacts decreases to a lower pricing tier and is maintained from June 15 until July 15, and your billing cycle begins on the 1st of each month, then your Monthly plan will automatically downgrade to the corresponding lower pricing tier on August 1st. Annual plans, however, will not automatically downgrade if the number of contacts decreases, but will renew at the higher pricing level. Pricing may change from time to time without notice, and you are responsible for verifying current pricing on the Site. In the event that a product is listed with an incorrect price, Robly reserves the right to refuse or cancel any orders placed for a product listed at an incorrect price. Robly reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Robly will issue a credit to your credit card in the amount of the incorrect price.

  1. Agreement to Advance Recurring Billing. All payments must be made in advance. You authorize us or our authorized vendor(s) to store your payment method and use it in connection with your use of the Services and Site. When you first provide your card number, we may process a small payment to validate the card. If we do, this small payment will later be automatically returned to your card. You agree to recurring billing and auto-renewal of your account unless and until the account is cancelled by you. If we are unable to process your credit card, we will attempt to contact you via mail and will suspend account usage until payment can be processed. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us or our authorized vendor(s) to continue billing and charging your account for amounts owed with the information that we obtain.

  1. Taxes. Unless otherwise stated, any amount payable, prices, fees, or payment terms are exclusive of taxes. In the event that any amount payable by you to Robly is subject to taxes, you are solely responsible for such taxes.

  1. Refunds. No refunds or credits will be provided for accounts terminated or suspended due to violation of this Agreement, including violation of the Anti-Spam Policy, Acceptable Use Policy, or Content Guidelines. Refunds and credits are not provided for non-use. That means if you pay for a Robly account, but do not log in or send email marketing for any period of time, you are not guaranteed a refund or credit. The only circumstance under which you will be entitled to a refund or credit is if we terminate our services to you without cause before the end of a monthly or annual term, in which case we will offer a pro-rated refund or credit. We may offer refunds or credits at our sole discretion for other circumstances.

  1. Cancellations. Cancellation requests must be sent to support@robly.com in order to be processed. Cancellation requests cannot be made by phone, chat, or other means. Once we receive a cancellation request at support@robly.com, we will schedule the cancellation of the account to be executed immediately before the beginning of the next billing period. If an account on a yearly plan is canceled within the first 30 days after the initial billing date, a prorated refund for unused time will be given if requested. We do not provide prorated refunds/credits on unused time for yearly cancellations. If a request for refund/credit is made, our billing team will review each request on a case-by-case basis. The maximum refund we would provide for remaining time on a yearly plan if canceled after 30 days from billing date is 3 months, not guaranteed, at our sole discretion.

  1. CPM Plans. Although not available for signup through the Site, we may offer Services on a cost-per-thousand (“CPM”) basis where pricing is determined by the volume of emails that are sent. Under a CPM plan, you commit to a monthly email plan volume at a pre-agreed CPM rate. If the pre-agreed CPM rate is exceeded, you will be charged a CPM overage fee. Billing for the base CPM Plan fees occurs monthly in advance. Any CPM overage fees are billed monthly in arrears. CPM customers may be required to undergo a compliance review process. We reserve the right to suspend or terminate your account if you fail to meet our compliance requirements at any time. In such cases, you remain responsible for all outstanding fees, including for the monthly CPM plan fees during any suspension period when you are unable to send. If you are interested in a CPM plan, please contact customer service at support@robly.com.

  1. Reseller and Other Accounts. We may offer Reseller accounts, which are also subject to terms of service available at https://support.robly.com/robly-reseller-terms-of-service, and other account types or programs, including Franchise Accounts, to certain customers. If you are interested in becoming a Reseller or entering into another arrangement with us, please contact customer service at support@robly.com.   

  1. Anti-Spam Policy. You are required to adhere to our Anti-Spam policy located at https://support.robly.com/robly-email-anti-spam-policy.

  1. Reporting Spam. If you receive suspected spam email from a Robly user, we want to know. Please report suspected spam to abuse@robly.com. All email campaigns sent through Robly or the Site have a Campaign Tracking ID (“CID”) in the header content. If you receive a suspected spam email that does not contain a CID, that email wasn’t sent through Robly or the Site, and may be spoofed email.

  1. Acceptable Use Policy. Robly may, in its sole discretion, remove content, and suspend or terminate use of the Services, if it believes that your use of the Services or Site is unlawful, violates this Agreement, or threatens the reputation of Robly or its customers, or interferes with deliverability of emails. Without limiting the foregoing, Clients may not, directly or indirectly:
  1. use any misleading or incorrect information anywhere on the Site or in emails sent from the Site or through the Services;
  2. reverse engineer, decompile, disassemble, or decipher any of the software or code on the Site or used by the Services;
  3. include any content in emails that is in violation of any other party’s rights, including, but not limited to, privacy and publicity rights and copyrights;
  4. unless you are part of a franchise, use the Services to set up multiple accounts that send out substantially similar content;
  5. solicit or incorporate social security numbers, passwords, any security credentials, or any personal information that is sensitive in any way when building or uploading a list;
  6. send transactional mail through the Services unless you send it through our Robly transactional service; or
  7. send email through Robly that will be received as SMS, MMS, or text messages.

  1. Content. The following type of content is not permitted and may not be sent via the Site or Services:
  1. adult novelty items or content references;
  2. affiliate marketers;
  3. credit repair/debt repair content;
  4. crypto currency or blockchain content;
  5. escort and dating services;
  6. gambling services, products, or education;
  7. hate speech;
  8. illegal goods or services;
  9. insurance quotes;
  10. list brokers or list rental services;
  11. malicious code;
  12. mortgages and/or loans;
  13.  multi-level marketing;
  14. nutritional, herbal, or vitamin supplements;
  15. offers to sell or buy illegal substances;
  16. online trading or stock market/trading content;
  17. pharmaceutical products;
  18. pornography, nudity, or sexually explicit materials;
  19. sweepstakes;
  20. work from home, Internet lead-gen, online money-making opportunities; and
  21. any other content that is abusive, harassing, hateful, threatening, defamatory, indecent, or that negatively impacts deliverability.

  1. Copyright Infringement. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices should be sent to abuse@robly.com.

  1. Data Retention. We may create reasonable technical limits, such as limits on file size, storage space, processing capacity, and other attributes. Due to storage limits, we occasionally need to archive or delete data in order to make room for new data in order to keep prices low and avoid purchasing more servers. While you are an active user and current on payments, basic reports which include Subscriber Activity and Geomap data, will be available for the last 20 campaigns or, if you send more than 20 campaigns in a two-month period, then the past sixty days. All account and campaign data may be deleted if you stop paying or if your account is closed or suspended. If you have a free or pay-as-you-go account that you haven’t sent emails from in the past 12 months, any lists you have may be deleted. You can use our Export Tool to export reports, lists, templates, and campaigns in .csv format. We highly recommend that you export and save any data that you do not want deleted.

  1. Housekeeping. We make sure our Site and the Services are a well-oiled machine — but in order to do that, we need your help:

  1. If you’re sending a campaign to an old list, make sure you do everything you can to remind them who you are and that they opted-in to your list, otherwise it’s more likely that they’ll report you for spamming because they simply won’t remember you.
  2. Clean up your customer list before you import it. Remove email addresses more than six (6) months old. Incorrect or nonfunctioning email addresses cause bounce backs, which result in ISPs blocking delivery of your emails. Your account may be suspended or terminated if you use a list that receives too many bounces.
  3. Don’t import your entire address book. Export your list into a spreadsheet first, then remove inaccurate or old addresses before importing to the Site. It only takes one incorrect address to get you blacklisted and shut down.
  4. If you send emails on behalf of a clients or other third parties, make sure you educate them about best practices and responsible email marketing.
  5. If you import from a CRM, break your list down into separate categories based on interest or origin (for example, people you meet at events, past customers, customers interested in a specific topic), rather than sending the same email to everyone.
  6. CRM, Salesforce, and API- imported lists may be good tools for maintaining relationships and developing customers, but these tools are typically built for one-to-one communication. Robly is built for one-to-many communication, which isn’t the same. You must comply with our Anti-Spam policy, and the rest of this Agreement, even if you are importing contacts from a CRM tool.

  1. Third-Party Links. The Services may include links to websites operated by third parties. These third-party links and websites may or may not have established business relationships with Robly. In either case, we have no control over these third-party links or websites, which all have different privacy and data collection practices independent of ours. We disclaim, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party links or websites.

  1. Bandwidth and High-Volume API. You may only use our bandwidth for Robly email marketing. We provide image and data hosting only for your use of the Services, so you may not host images or data on our servers for anything else. For example, you can’t host image for your website. If we detect misuse of our free hosting services, we reserve the right to delete the data. You may not use Robly to build a campaign, then send it out using a different delivery service. If you choose to integrate with Robly using our APIs, you must use efficient programming to minimize requests. We reserve the right to suspend or terminate your account, or to upset your APIs connections. Access to our High-Volume API is restricted to users who have obtained prior written authorization from Robly. Unauthorized access or use of this API is strictly prohibited.

  1. Indemnity. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim(s), demand(s), loss(es), or damage(s), including reasonable attorneys’ fees, arising out of, or related to your (or someone using your account) use of the Site or Services. We have the right to control the defense of any matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any matter.

  1. No Warranties. The Site and Services are provided “AS-IS.” To the maximum extent permitted by law, Robly and the Site disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. Robly and the Site make no commitments about the content within the Services. Robly and the Site further disclaim any warranty that (a) the Site or Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Site and Services will be effective, accurate, or reliable; (c) the quality of the Site or Services will meet your expectations; or (d) any errors or defects in the Site or Services will be corrected.

  1. Limitation of Liability. In no event shall Robly or the Site be liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (a) resulting from loss of use, data, reputation, revenue, or profits; (b) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (c) arising out of or in connection with your use of or access to the Site or Services. Nothing herein limits or excludes our liability for gross negligence, intentional misconduct of Robly or its employees, death, or personal injury. Our total liability in any matter arising out of or related to this Agreement, the Site or Services is limited to the aggregate amount that you paid for access to the Services during the three-month period preceding the event giving rise to the liability. These limitations and exclusions in this section (Limitation of Liability) apply to the maximum extent permitted by law even if (a) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (b) Robly or the Site knew or should have known about the possibility of damages. This section (Limitation of Liability) sets forth the entire liability of Robly and the Site as well as your exclusive remedy with respect to access and use of the Site and Services.

  1. Trade Sanctions and Export Compliance. The Site and Services, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that govern the import, export, and use of the Site and Services. By using the Site or Services, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services by the laws of any jurisdiction. Additionally, you agree not to upload to or transmit over the Site or Services any content that is controlled for export from the United States (including technical data controlled under the US International Traffic in Arms Regulations and technology controlled under the US Export Administration Regulations).

  1. Disputes. Any dispute or claim relating in any way to us or your use of our Site or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to abuse@robly.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  1. Applicable Law. You agree that the laws of the state of New York without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and us or our partners, employees, parents, subsidiaries, or affiliates.

  1. Headings. Headings used in this Agreement are provided for convenience only and will not be used to construe meaning or intent.

  1. Severability. If any provision of this Agreement is held invalid or unenforceable for any reason, the remainder of this Agreement will continue in full force and effect and such provision shall be ineffective only to the extent of such invalidity or unenforceability.

  1. No Waiver. Our failure to enforce or exercise any provision of this Agreement is not a waiver of that provision.

  1. Assignment. You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity in our sole discretion.

  1. Notice. Robly may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided.

  1. Force Majeure. Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Robly) under this Agreement if the delay or failure is due to unforeseen events, which occur after the effectiveness of this Agreement and which are beyond the reasonable control of the parties, such as strikes, blockade, war, terrorism, riots, natural disasters, refusal of license by the government or other governmental agencies, in so far as such an event prevents or delays the affected party from fulfilling its obligations and such party is not able to prevent or remove the force majeure at reasonable cost.