Terms of Business




Terms of Business ("Terms")

Please read these Terms carefully. By using the Service or signing up for an Account, you are agreeing to these Terms. These Terms set out the terms and conditions under which you may use the Service, and how we will treat your Account while you are a Member. If you have any questions about our terms, feel free to contact us.

We will start with the basics, including a few definitions that should help you to understand these Terms. The “Service”, which forms the subject matter of our Agreement, is a marketing service offered through the URL jumplead.com (we will refer to it as the “Website”) which allows you to create and manage marketing campaigns, including creating landing pages and sending email marketing campaigns (each message is called an “Email”) to individual recipients through a user account (“Account”). The “Plan” means the particular monthly (free or paid) plan to which you have subscribed in order to use the Service, the specific features of which are set out on the Website. The Service is owned and operated by Mooloop Limited (trading as Jumplead), registered in England and Wales with company number 05207897 (“Jumplead”, “we,” or “us”). “You” means the individual, partnership or company which is using our Service in accordance with our Agreement. As a customer of the Service, you are a “Member” according to these Terms.

The Terms apply to our agreement with you to supply you with the Service (“Agreement”). They will apply even if you have your own terms and inform us that those apply, or if you show them or make them available to us. Also, any terms that might have applied between us in the past, whether these are in writing or can be implied from the way in which you and we have done business in the past, will not apply.

ACCOUNT

1. Eligibility

In order to use the Service, you must:

  • procure that all users of the Service are at least 18 years old;
  • agree to these Terms and ensure that you are able to and have any necessary authority required in order to enter into the Agreement; and
  • complete the registration process by signing up for an Account through the Website, providing true, complete, and up to date contact information at all times.

By using the Service, you confirm that you meet all the requirements listed above, and that you will not use the Service in a way that violates any applicable laws or regulations. We reserve the right to refuse to offer the Service to any person, close the Account of any Member, and change the above eligibility requirements at any time, with or without notice.

2. Term

Our Agreement will come into force once you have created an Account through our Website and have indicated your acceptance to these Terms by ticking the appropriate box. If you are an organisation, the person creating the Account is deemed to have your authority to do so. Our Agreement will continue for as long as you use the Service until it is ended by either you or us in accordance with these Terms.

3. Closing Your Account

Without limiting any of our other rights or remedies, either of us may choose to end the Agreement at any time by giving notice to the other party. Upon receipt of notice to end the Agreement by either party, the Agreement will automatically end at the end of the monthly billing period in which such notice was received.

We reserve the right to suspend the Service or end the Agreement immediately by giving you notice if:

  • you have committed a serious breach of these Terms (or any of our other policies which appear on our Website from time to time) which either cannot be remedied, or is not remedied by you after being given notice to do so;
  • you are unable to pay your debts to us;
  • you become insolvent, enter into administration, or are subject to bankruptcy, administration or insolvency proceedings or the equivalent in any country;
  • you are an individual or partnership, and either you (or if you are a partnership, one of you) die or, through mental or physical disability, injury or illness, are unable, in our reasonable view, to continue to perform your obligations under the Agreement.

Once the Agreement has come to an end, we will permanently delete your Account and all the data associated with it, including your Emails, from our Website, in accordance with our Privacy Policy in force when this Agreement comes to an end, unless we have agreed otherwise. If you do not log in to your Account for 2 or more months, we reserve the right to treat your Account as “inactive” and end the Agreement immediately.

4. Changes

We may change any of the Terms, including the pricing structure of any Plan, by posting revised Terms on our Website or by sending an email to the email address you most recently provided to us notifying you of such changes. Unless you end this Agreement within 10 days of the date on which the revised Terms were posted or notified to you, you will be deemed to have accepted the new Terms and they will apply to your continued or any new use of the Service. We reserve the right to change the Website, the Service, or any features of the Service at any time.

5. Account and Password

You are responsible for keeping the name and password associated with your Account secure and confidential. You must immediately notify us of any unauthorised use of your Account as soon as you become aware of it. We are not responsible for any loss that you incur due to stolen or hacked passwords. We do not have access to your current password and, for security reasons, cannot restore and may only reset your password if you lose or forget your current password.

6. Account Disputes

We will not arbitrate disputes over who owns an Account. You cannot request access to or information about an Account that is not yours, and you agree to resolve any Account-related disputes directly with the other relevant person or persons involved.

PAYMENT

7. Monthly Plans

The relevant charges for our paid monthly Plans are posted on our Website and may be changed from time to time in accordance with these Terms. When you enter into an Agreement for a paid Plan, the first payment will be due on the date on which you enter into the Agreement, which represents one full month’s access to the Service on your selected Plan. Each subsequent payment will be due monthly in advance and must be made on the same (or closest possible) day in the month as the date of your initial payment or the nearest working day (being a day on which banks in London are normally open for business). If you reach any relevant quotas or limits specified in your current Plan, for example in relation to the number of subscribers you have, you will be notified of this and have the opportunity to change to another, higher paid, Plan to ensure uninterrupted service. If you choose not to upgrade at this time, your Account will be paused until you enter the next monthly billing period. Payment will be taken automatically on each due date from the credit card details you have provided to us in accordance with Section 8 of these Terms.

8. Credit Cards

As long as you are a Member or have an outstanding balance with us, you must provide us with valid credit card information and authorise us to deduct the monthly charges against that credit card. You must replace the information for any credit card that expires with information for a valid one. Any individual using a credit card is deemed to be fully authorised to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If we are unable to process your credit card order, we will try to contact you by email and suspend your Account until your payment can be processed.

9. Charges for Add-Ons

Some features are offered as “add-ons” to your Account. If you add on a feature that has a charge, then you will be billed that additional amount in the next billing cycle and will continue to be billed for that additional amount for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (“Additional Terms”). If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your Account immediately with or without notice.

RIGHTS

10. Proprietary Rights Owned by Us

You acknowledge that, as between you and us, all “Intellectual Property Rights” (meaning copyright, design rights, trade marks, patents, rights in any inventions and any other rights of a similar kind) and rights of ownership in the Service throughout the world shall belong to Jumplead, and that you shall not acquire any rights in, or to, the Service (or any element thereof) other than the right to use the Service in accordance with the terms of the Agreement.

You acknowledge that your use of the Service is subject always to your complying with any instructions issued by us to you from time to time, including without limitation relating to the displaying of copyright notices, linking requirements or conditions attached to use of our brand assets according to our Brand Guidelines (which are available upon request).

11. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your marketing content. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

If any of the material that you upload to the Service infringes the rights of any third party, including any other person’s Intellectual Property Rights, you agree to indemnify, defend, and hold us harmless against any liabilities, actions, claims, demands, loss, damage, costs or expenses (including reasonable legal fees) that we suffer or incur arising from or in connection with such infringing material.

12. Privacy Policy

We may use and disclose your information in the ways described in our Privacy Policy from time to time, which shall be treated as part of these Terms.

13. Right to Review Email Campaigns

We may view, copy, and internally distribute content from your Emails and Account to create algorithms and programs (“Tools”) that help us to identify problem Accounts or find Members who violate these Terms or any applicable laws. This helps us to create better experiences for all Members.

RULES AND ABUSE

14. General Rules

You agree to follow these rules:

  1. You must not send Spam. By “Spam”, we mean the definition on the Spamhaus website (https://www.spamhaus.org/consumer/definition/) from time to time, which (for the avoidance of doubt) includes any unsolicited, bulk email.
  2. You must not use purchased, rented, or third-party lists of email addresses.
  3. You must ensure that every communication sent using the Service is done so in accordance with all applicable data protection, privacy, advertising and sales promotion laws, including complying with all relevant regulatory guidance and codes of practice, of both the country in which you are based and the country in which the communication will be sent.
  4. You must not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program.
  5. You must supervise and control use of the Service and ensure that the Service is used in accordance with these Terms.

We do not allow Accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your Account if you send an Email campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

  • A Threat of Physical Harm”. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
  • Hateful Content”. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could reasonably be perceived to be intended to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your Account if we determine, in our sole discretion, that you are either:

  • An organisation which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
  • A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership of an organisation of a kind specified above, that could reasonably be perceived as constituting or embodying Hateful Content or A Threat of Physical Harm.
  • A person or organisation that has acted in such a way as could reasonably be perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your Account or end our Agreement at any time, with or without notice and shall not be obliged to refund any monies that you have previously paid to us.

15. Acceptable Use for Commercial Emails

You must ensure that recipients of Emails sent using the Service are:

  1. persons with whom you have an existing business relationship; or
  2. persons who have expressly and affirmatively consented the receipt of such email.

All Emails sent using the Service must include a mechanism for recipients to object to receiving such commercial mail and to revoke any consent previously given, i.e. to "opt out", of receiving future emails from the sender, such as by way of a prominent "unsubscribe" link.

You must not use the Service for any unlawful or discriminatory activities or to send offensive, obscene or defamatory content, promote anything illegal, or to harass anyone. We reserve the right to may suspend or terminate your Account if we determine, in our sole discretion, that you have done so. This includes (by way of example and without limitation):

  • emails that may violate laws relating to the sending of Spam;
  • emails offering to sell illegal goods or services; or
  • pornography/sexually explicit content.

16. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received Spam that you think came from a user of the Service, please report it to our abuse team (details of which are available on our Website).

17. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Emails sent using the Service. We provide image and data hosting only for your Email campaign, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.

18. Data Protection Compliance

You warrant and undertake that you will at all times comply with all applicable laws relating to the privacy and protection of personal data and the sending of bulk and commercial emails, and will in no way improperly handle or misuse any personal data handled by virtue of entering into this Agreement. The expression “all applicable laws” includes the EU Regulation General Data Protection Regulation No. 2016/679 (“GDPR”) and all local and national laws or regulations applicable to the regions where you have business operations and where the recipients of your Emails are located. You acknowledge that this may require, in relation to personally identifiable information collected, handled or used in connection with the Services, obtaining any necessary consent from the recipient and ensuring that the handling and transfer of personal data has the adequate level of data protection required.

If you fail to comply with the relevant laws detailed in the above paragraph, you agree to indemnify, defend, and hold us harmless against any liabilities, actions, claims, demands, loss, damage, costs or expenses (including reasonable legal fees) that we suffer or incur arising from or in connection with such non-compliance.

In particular, and without limiting any of your responsibilities outlined anywhere else in these Terms, you represent and warrant that in using the Service, creating your Email distribution list, sending Emails via the Service, and collecting any personal information as a result of sending Emails, you:

  • will clearly describe in writing how you plan to use any data collected, including for your use of the Service, and on what legal basis you intend to use any such personal data and you must otherwise comply with whatever privacy policy you have posted (which must also be compliant with the GDPR);
  • have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are sending any form of email through Jumplead (including the GDPR); and
  • have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations (including the GDPR). You have the necessary permission to allow Jumplead to receive and process data and send communications to that individual on your behalf.

It is a requirement of us providing you with the Service that you have entered into our Data Processing Agreement. We will not be able to process any personal data that you provide to us without you entering into the Data Processing Agreement, which means that we will not be able to provide you with all elements of the Service until you have done so. The Data Processing Agreement forms part of our overall Agreement and we therefore reserve the right to limit or prevent your access to the Service until this has been entered into.

In the event that we encounter a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we will notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you must do so promptly. This does not affect either our or your obligations under the relevant data protection legislation.

19. Compliance with Laws

You represent and warrant that your use of the Service will at all times comply with all applicable laws and regulations. You are responsible for determining whether our Services are suitable for you to use in light of any requirements set by any applicable regulations or laws to which you may be subject, and we will not be liable if our Service does not meet any such requirements.

LIABILITY

20. Limitation of Liability

Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation, or for any other liability which may not be limited or excluded by law.

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website.

We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, for any loss of profit or revenue, or for any special, indirect or consequential loss, loss of goodwill, loss of business, loss of anticipated savings, loss of goods, loss of use, any destruction or corruption of data, or special damage, costs or expenses arising under or in connection with the Agreement, or for any direct damage arising in connection with the Service or the Agreement. Our total liability for any claims made under the Agreement in any given month will be no more than what you paid us for the Service in the month prior to any such claim being made.

We shall not be liable for any delays or failure in performance of any part of the Service due to any circumstances beyond our reasonable control.

We are not responsible for the behaviour of any advertisers, linked websites, or other Members.

21. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service “as is”. That means that we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use the Service for a variety of reasons, we cannot guarantee that it will meet your specific commercial and operational needs, and it is your responsibility to ensure that the facilities and functions of the Service and meet your own particular requirements.

22. Indemnity

You agree to indemnify, defend and hold us harmless from and against any liabilities, actions, claims, demands, loss, damage, costs or expenses (including reasonable legal fees) that we suffer or incur arising from or in connection with any claim that you (or someone using your Account or password) has done something which may violate any of these Terms.

If we bring an action against you claiming that you have breached these Terms and we prevail, we are entitled to recover reasonable legal costs and any damages or other relief that we may be awarded.

23. Equitable Relief

If you breach these Terms then we reserve the right to seek injunctive relief (meaning that we may request a court order to stop you) or other equitable relief.

24. Assignments

You may not assign any of your rights under the Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

25. Choice of Law

These Terms are governed by English law and you can bring legal proceedings in respect of the Contract in the English Courts. If you live in Scotland you can bring legal proceedings in respect of the Contract in either the Scottish or the English Courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Contract in either the Northern Irish or the English Courts.

26. Survivability

Even if the Agreement is terminated, the following Sections will continue to apply: 10 (Proprietary Rights Owned by Us), 11 (Proprietary Rights Owned by You), 19 (Compliance with Laws), 20 (Limitation of Liability), 21 (No Warranties), 22 (Indemnity), 25 (Choice of Law), 27 (Severability), and 31 (Entire Agreement).

27. Severability

If it turns out that a Section of these Terms is not enforceable, then that Section will be removed or edited as little as necessary, and the rest of the Terms will remain be valid to the extent possible.

28. Amendments and Waiver

Amendments or changes to these Terms will not be effective until we post revised Terms on the Website. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.

29. Further Actions

You will provide all documents and take any actions necessary to meet your obligations under these Terms.

30. Notices

If you need to give us notice about anything in relation to the Agreement, you must do this in writing. You must address your notice to our registered office, business address or any other address which we notify you is valid for the receipt of notices. We will do the same for you. Notices must be delivered:

  1. personally;
  2. by prepaid first-class post;
  3. by another other next working day delivery service;
  4. by commercial courier or e-mail; or
  5. by such other method that we otherwise agree in writing (signed by you and us or by our authorised representatives).

If a notice is sent by pre-paid first class post or other next working day delivery service, it will be treated to have been delivered at 9.00 am on the fifth business day (i.e. any day on which the banks are normally open in England) after posting. If delivered by commercial courier, it will be treated to have been delivered Terms the date and at the time that the courier's delivery receipt is signed. The provisions of these Terms do not apply to the service of any proceedings or other documents in any legal action.

31. Entire Agreement

These Terms together with our Privacy Policy, Acceptable Use Policy and Brand Guidelines from time to time, as well as the Data Processing Agreement you have entered into with us (all of which are incorporated into these Terms by reference), and any additional terms you have agreed to by turning on specific features (such as our Additional Terms), make up the entire agreement between us in relation to the Service and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature. You acknowledge that you, in entering into the Agreement, have not relied on anything said by us or on our behalf which is not expressly set out in the Agreement.

32. Third Party Rights

The Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

32. Our relationship

Nothing in the Agreement is intended to, or shall be treated to, establish any type of partnership between us. This means that there is no joint venture between us and we do not and will not have authority to act as agent for, or to bind, each other in any way.