Terms and Conditions

By accessing and using EmailVex.com, a sub-brand of VEX Media Group, you agree to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site and our services. VEX Media Group operates as a marketing consulting firm specializing in email marketing and SMS marketing solutions for DTC and e-commerce brands. These terms govern your relationship with us when you engage our services or use our website.

Description of Services

We provides comprehensive email marketing and SMS marketing consulting services specifically designed for direct-to-consumer brands. Our services include but are not limited to email campaign strategy development, SMS marketing campaign creation, audience segmentation, marketing automation setup, performance analytics, conversion optimization, and ongoing campaign management.

Our consulting services are delivered through various formats including one-on-one consultations, group coaching sessions, done-for-you campaign creation, strategic planning sessions, and ongoing account management. We provide expertise in email deliverability, list building strategies, compliance with anti-spam regulations, A/B testing methodologies, and revenue optimization techniques specifically tailored for e-commerce and direct-to-consumer business models.

User Responsibilities and Acceptable Use

You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You acknowledge that you are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards, including but not limited to CAN-SPAM Act, TCPA, GDPR, and other privacy and marketing regulations.

You agree not to use our services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our services or interfere with any other party's use of our services. You will not attempt to gain unauthorized access to any portion of our website, other accounts, computer systems, or networks connected to our services. You are prohibited from using our services to send spam, unsolicited communications, or any content that is defamatory, obscene, threatening, or otherwise objectionable.

Payment Terms and Billing

Payment for our services is due according to the terms specified in your service agreement or invoice. We accept various payment methods and all fees are non-refundable unless otherwise specified in writing. If you fail to pay any fees when due, we reserve the right to suspend or terminate your access to our services immediately without notice. You are responsible for all taxes, fees, and charges associated with your use of our services.

For recurring services, you authorize us to charge your designated payment method on a recurring basis according to your service agreement. You are responsible for maintaining current and accurate billing information. If your payment method is declined or payment is not received, we may immediately suspend your access to services until payment is received. Late payments may be subject to additional fees and charges as specified in your service agreement.

Intellectual Property Rights

All content, materials, and services provided through EmailVex.com, including but not limited to text, graphics, logos, images, software, templates, strategies, methodologies, and proprietary systems, are the intellectual property of VEX Media Group and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our services and materials solely for your internal business purposes in accordance with these terms.

You retain ownership of any content, data, or materials you provide to us in connection with our services, but you grant us a non-exclusive license to use, modify, and distribute such content as necessary to provide our services. Any custom strategies, campaigns, or materials we create specifically for your business remain your property upon full payment, while our underlying methodologies, systems, and proprietary processes remain our intellectual property.

Confidentiality and Non-Disclosure

We understand that in the course of providing our services, we may have access to confidential and proprietary information about your business, including customer data, marketing strategies, financial information, and trade secrets. We agree to maintain the confidentiality of all such information and will not disclose it to any third party without your written consent, except as required by law or as necessary to provide our services.

You similarly agree to maintain the confidentiality of any proprietary methodologies, strategies, systems, or processes we share with you in the course of providing our services. This confidentiality obligation survives the termination of our service relationship and continues indefinitely unless the information becomes publicly available through no fault of the receiving party.

Limitation of Liability

To the fullest extent permitted by law, VEX Media Group and EmailVex.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services or inability to use our services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or relating to these terms or our services shall not exceed the amount you paid us for services during the twelve months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise.

Performance Disclaimers

While we strive to provide exceptional email marketing and SMS marketing consulting services, we make no guarantees regarding specific results, revenue increases, conversion rates, or other performance metrics. Marketing results depend on numerous factors including but not limited to your product quality, pricing, market conditions, competition, implementation of our recommendations, and external economic factors beyond our control.

We provide our services and recommendations based on industry best practices and our professional experience, but we cannot guarantee that our strategies will achieve specific outcomes for your business. Any case studies, testimonials, or examples we share represent past performance and should not be considered as guarantees of future results. Your success depends largely on your own efforts, market conditions, and proper implementation of our recommendations.

Termination

Either party may terminate the service relationship at any time with written notice as specified in your service agreement. Upon termination, your access to our services will cease, and you will remain responsible for any outstanding fees or charges incurred prior to termination. We reserve the right to immediately terminate your access to our services if you breach these terms or engage in any conduct that we determine, in our sole discretion, to be harmful to our business, reputation, or other clients.

Upon termination, you must immediately cease using any proprietary materials, systems, or methodologies we have provided, and return or destroy any confidential information belonging to us. Provisions of these terms that by their nature should survive termination, including but not limited to confidentiality obligations, intellectual property rights, and limitation of liability, shall survive termination.

Compliance and Legal Requirements

You acknowledge that email marketing and SMS marketing are subject to various federal, state, and international laws and regulations, including but not limited to the CAN-SPAM Act, Telephone Consumer Protection Act (TCPA), General Data Protection Regulation (GDPR), and various state privacy laws. You are solely responsible for ensuring that your marketing campaigns and practices comply with all applicable laws and regulations.

We will provide guidance on compliance best practices as part of our consulting services, but ultimate responsibility for legal compliance rests with you. You agree to indemnify and hold us harmless from any claims, damages, or penalties arising from your non-compliance with applicable laws or regulations, even if such non-compliance occurs while using our services or implementing our recommendations.

Modifications to Terms

We reserve the right to modify these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes your acceptance of the modified terms. We encourage you to review these terms periodically to stay informed of any updates.

If you do not agree to any modifications, your only remedy is to discontinue using our services. We may also modify or discontinue our services at any time without notice, and we shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

Dispute Resolution

Any disputes arising out of or relating to these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [Insert Location] and shall be governed by the laws of [Insert State/Country]. Each party shall bear their own costs and expenses in connection with any arbitration proceeding.

Before initiating any arbitration proceeding, the parties agree to first attempt to resolve any dispute through good faith negotiations. If the dispute cannot be resolved through negotiations within thirty days, either party may proceed with arbitration. The arbitrator's decision shall be final and binding, and judgment may be entered on the arbitrator's award in any court having jurisdiction.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Latvia without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in [Insert Location], and you hereby consent to the personal jurisdiction and venue of such courts.

Severability

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.

Entire Agreement

These terms and conditions, together with our Privacy Policy and any service agreement you may have with us, constitute the entire agreement between you and VEX Media Group regarding your use of our services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

Contact Information

If you have any questions about these Terms and Conditions or need to contact us regarding our services, please reach out to us at [email protected]. We are committed to addressing your inquiries promptly and providing clear communication about our service terms and your rights and responsibilities as our client.

VEX Media Group and EmailVex.com are dedicated to providing exceptional email marketing and SMS marketing consulting services while maintaining transparent and fair business practices that protect both our interests and yours in our professional relationship.