End User Agreement
This agreement is between Mumara as service provider and you or the entity you represent. Taking a step further to subscribe any of our service, install or download any software that belongs to Mumara, you agree and accept the following terms. These terms define the legal side of how the software services that Mumara offers can be used, the obligations and the rights you as a buyer have.
Mumara is an integrated platform that offers variety of software services, customer communication and multi-channel marketing tools. The apps Mumara offer are both SaaS and some of them are self-hosted. Whether you have subscribed to one of the SaaS app, or have downloaded/installed a self-hosted one, I.e. MumaraCklassic, Mumara grants an exclusive and non-transferable user license to you as a buyer. Hence, you agree that you cannot transfer or resell the end-user license.
SaaS Apps (Hosted Apps)
- The portion of SaaS mainly consists of Campaign+, SMS+ and MumaraSMS, more can be released in future. This portion of SaaS apps is the hosted ones and you typically sign-up for the paid subscription to use the services.
- Once you sign-up for an account and subscribe to a package, Mumara auto-provisions the installation process on a remote instance, and grants you exclusive and non-transferable access to your account/user license. You can access your account from anywhere globally to start using your services.
- You cannot request the transfer of your account, or demand the installation of the license to a server/location of your choice.
- Both MumaraClassic version (ESP/Pro) was always been and will remain self-hosted. Campaigns+ too has a self-hosted version. More apps or self-hosted versions of apps can later be released in future.
- You can install access and control the product from the web server you choose. Single license limits the installation to a single domain and web server at a time. However, to swap the installation domain or web server you would need to reissue the license.
- You will not be able to use single user license on more than one computer in a network.
- You aren’t allowed to lease or lend any sublicenses by charging the money or even free of cost. However this does not prevent you to use the application for regular business course.
Mumara is collection of software application, different than one another. Mumara official website carries good amount of information with regard to the features and functionality that specific app offers, to help you understand its scope. In addition to this, we do offer free trials, and demo accounts for you to take a free tour and navigate through the apps before you make a purchase.
However, if you encounter any problem after the purchase, you can report for the defects within the 15days of delivery. Once Mumara will receive a written complaint with the details of the fault or the bug you have noted, team Mumara will first check the validity of the complaint and then move forward towards the remedy. Mumara can offer such customer the following solution.
- Free of cost remedy of the fault
- Replacement of the license
Refund Policy- (Test before Purchase)
Mumara doesn’t offer post purchase product returns. We offer trial period demo access to test almost all the apps we currently offer, trial period may vary depending on the app or version of the app. From MumaraClassic to recent editions of Campaigns+ and others, you can easily apply and access a trial period demo account access, minimum of 15 days. We strongly believe that everyone should be offered a fair chance to test apps to their satisfaction before making a purchase. We encourage you to take an advantage of our “Test before Purchase” policy, and apply for the free trial tour of desired app, to evaluate if the app/version suits your business needs. During the trial period you can test the app to your satisfaction, can read the help guides, can ask as many questions as you want and you will find our support team proactively responding to your concerns. We don’t currently accept any post purchase claims for the refund.
Intellectual Property, Patents and Copyrights of the Apps-
You agree not to decompile, reproduce, reassemble or reverse engineer the applications, by any means, in whole or in parts. Mumara reserves and will continue to hold all the rights of the apps, therefore you as buyer have no right to directly or indirectly, attempt to reach the source code, copy the concept/ idea behind the application, try to reproduce the backend structure or algorithms, publish, rewrite or copy the content and the documentation associated with the apps.
You moreover agree not to modify or remove the trademark or copyright material. The trademark material includes but not limited to, the brand name, logo, slogan, design and other trademark substance that software uses in connection with Mumara. You agree that you will not remove or try to modify the trademarks, or try to co-brand with your own product. You acknowledge the ownership rights of the apps are reserved by Mumara.
3rd Party Services-
There are apps that are dependent on third party software, service or application for the proper functioning. E.g. MumaraSMS+ depends on gateways like Infobip, Clickatell for sending. Campaign+ offers integration to configure a sending node of Amazon SES, SendGrid and such. Mumara cannot be held responsible for the loss, in case one or more of these services stop functioning.
Installation and Configuration-
Once the software is delivered or the account is provisioned in accordance to the purchased package, Mumara doesn’t take responsibility to configure the 3rd party resources, e.g. configuration of mail server or SMTP to function with MumaraClassic / Campaign+ or integration of a new Gateway for SMS delivery. Apart from the installation of our apps, you will be billed for the services and assistance provided by team Mumara. If you need configuration or custom development, you are advised to discuss with a representative of Mumara about the pricing of such services.
SMS Delivery Services-
In case of subscribing to a package of MumaraSMS for the SMS delivery, you must comply with the regulations governed by the law. MumaraSMS isn’t liable for the content you are transmitting through our app, as we don’t change/modify the content you are sending through the SMS. However, we do give guidelines and keep certain policy to restrict, terminate or block certain kind of content.
Spamming & Spam Laws
Applications belonging to Mumara such as Campaigns+ or MumaraClassic facilitate the clients to configure a solution for bulk email sending. Though we don’t directly have any control to monitor the email streams like Email Server Provider or Email Relay service do, but we still make best of our efforts to encourage legitimate side of email marketing.
We obey all existing spam laws including CASL in Canada, CAN-SPAM act in US and other laws the govern use of email in Europe. We don’t encourage or directly allow spamming in any way or form. Since, Mumara strictly believe in respecting existing spam-laws/ regulations and policies coined by major email clients to curb the spam, you as our customer agree to use our apps only for sending non-spam, legitimate and solicited emails.
Being a software service provider facilitating clients to use marketing automation tools including email marketing, we always encourage our clients to ensure compliance to the current laws and regulations, as mentioned earlier in this TOS doc about CAN-SPAM or CASL. Since General Data Protection Regulation (GDPR) has been made effective within EU regions, we find it appropriate to make our clients aware of it and make few changes in the TOS docs.
GDPR would apply to all the entities whether in personal capacity or as an organization, collecting and processing the data belonging to EU residents. No matter they belong to a region outside of EU, unless they are collecting and processing the EU residents personal data, GDPR would apply. To keep you out of trouble zone, we would encourage our customers to go through from GDPR and the GDPR consent guidance to its lengths. Here in our TOS, we would outline the important aspects to ensure maximum compliance through this extract.
Major part about the email in GDPR deals with how you should acquire the consent? and later use this consent for data processing. Consent under GDPR is more than just permission; the consent is addressed as “Freely given, specific, informed and unambiguous“.
Active Optin-There shouldn’t be readily ticked checkboxes while collecting the consent. The opt-in box should be unchecked, and to consider the consent valid under GDPR, the contact should actively tick that opt-in checkbox. You shouldn’t follow the procedure of passive opt-in consent.
Specific and Informed- You shouldn’t use tricky ways to collect consent by linking it to the TOS and privacy notification or any services, unless email is required to complete certain service. Keep the consent to send specific communication through email separate from the earlier mentioned.
Freely Given- Consent to send email should be freely given by the contact, don’t attach”Subscribe to Newsletter” in return to certain action, i.e. download a free book. Freely given consent will only be considered valid under GDPR.
- You agree to always follow double opt-in process of collecting the consent
- You should keep a proof/record of consent to be able to demonstrate that the subscriber has provided the consent for email purposes.
- You must have a system in place for the consumers/subscribers to request for the removal of their personal information that they earlier have provided.
Do an Audit-Since the GDPR would also apply to the data you have collected before the GDPR effective date, you should do an audit of your current database.
Authorization- You must be authorized to send email marketing campaigns to the contacts in your list. If the permission is ambiguous, you must resort to obtain a clear authorization again.
Clear Unsubscribe- Providing a clear and easy method of opt-out or unsubscribe is equally important for GDPR compliance, as it was for the CAN-SPAM and other regulations. You should have a proper system in place, where a subscriber can request to discontinue specific marketing communication at any stage, and can also request to discontinue all kind of communication from your side.
Profiling-If you are using certain type of automated workflows to predict certain characteristics of the subscriber/contact through the personal date you have, you must.
- Make it noticeable to your contacts while acquiring consent or in agreement
- Provide your contacts/subscribers a way to opt out from the profiling (Halt Profiling)
You agree to make yourself aware of profiling scope in GDPR and act in accordance with it.
In case a client breaches terms or violates material obligations under this document, Mumara reserves the right to terminate the license or suspend the account of such clients.