TERMS OF SERVICE for MDR Subscriptions from INTERSEC WORLDWIDE
TERMS OF SERVICE
Email Boost by Intersec Worldwide
Effective Date: Date of Subcription
1. ACCEPTANCE OF TERMS
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Intersec Worldwide (“Company,” “we,” “us,” or “our”) governing your access to and use of the Email Boost service (the “Service”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. DESCRIPTION OF SERVICE
Email Boost is a digital email marketing and delivery optimization platform that may include, but is not limited to:
- Email campaign distribution
- Inbox placement optimization
- Analytics and reporting tools
- Contact management features
- Integration with third-party platforms
We reserve the right to modify, suspend, or discontinue any part of the Service at any time.
3. ELIGIBILITY
You represent and warrant that:
- You are at least 18 years old
- You have the legal authority to enter into these Terms
- You will use the Service in compliance with all applicable laws
4. ACCOUNT REGISTRATION
To use certain features, you may be required to create an account.
You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of unauthorized access
You are solely responsible for all activity under your account.
5. ACCEPTABLE USE POLICY
You agree NOT to use the Service to:
- Send unsolicited commercial emails (“spam”) in violation of applicable laws (e.g., CAN-SPAM Act, GDPR, CASL)
- Transmit unlawful, defamatory, fraudulent, or abusive content
- Distribute malware, phishing content, or deceptive messages
- Infringe intellectual property rights
- Harvest or misuse personal data
We reserve the right to suspend or terminate accounts violating this section.
6. COMPLIANCE WITH EMAIL LAWS
You are solely responsible for ensuring that your email campaigns comply with all applicable laws, including:
- CAN-SPAM Act (U.S.)
- GDPR (EU), where applicable
- CASL (Canada), where applicable
This includes:
- Obtaining proper consent
- Providing accurate sender information
- Including unsubscribe mechanisms
We do not assume liability for your compliance failures.
7. USER CONTENT
“User Content” includes any data, text, email lists, or materials you upload or transmit.
You retain ownership of your User Content but grant us a limited, non-exclusive license to:
- Use, process, and transmit your content solely to provide the Service
You represent that you have all necessary rights to use and distribute such content.
8. DATA PRIVACY
Your use of the Service is also governed by our Privacy Policy located at https://www.intersecworldwide.com/privacy-policy
We implement reasonable security measures; however, no system is completely secure.
9. FEES AND PAYMENT
If the Service is offered on a paid basis:
- Fees will be disclosed at the time of purchase
- Payments are non-refundable unless otherwise stated
- We reserve the right to change pricing with notice
Failure to pay may result in suspension or termination.
10. INTELLECTUAL PROPERTY
All rights, title, and interest in the Service (excluding User Content) are owned by Intersec Worldwide, including:
- Software
- Branding
- Design
- Proprietary algorithms
You are granted a limited, non-transferable, revocable license to use the Service.
11. THIRD-PARTY SERVICES
The Service may integrate with third-party tools or platforms.
We are not responsible for:
- Third-party performance
- Data handling practices
- External service outages
Use of third-party services is at your own risk.
12. TERMINATION
We may suspend or terminate your access at any time, with or without notice, for:
- Violation of these Terms
- Legal compliance requirements
- Risk to system integrity
Upon termination:
- Your right to use the Service ceases immediately
- We may delete your data after a reasonable period
13. DISCLAIMERS
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM ALL WARRANTIES, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
We do not guarantee:
- Email deliverability rates
- Uninterrupted service
- Error-free operation
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
INTERSEC WORLDWIDE SHALL NOT BE LIABLE FOR:
- INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PRIOR 12 MONTHS.
15. INDEMNIFICATION
You agree to indemnify and hold harmless Intersec Worldwide from any claims arising out of:
- Your use of the Service
- Your violation of these Terms
- Your breach of applicable laws
16. GOVERNING LAW
These Terms shall be governed by the laws of:
Orange County, California, USA
Any disputes shall be resolved in the courts located within that jurisdiction.
17. CHANGES TO TERMS
We may update these Terms at any time.
- Changes will be posted with a new effective date
- Continued use constitutes acceptance of revised Terms
18. CONTACT INFORMATION
For questions or legal notices:
Intersec Worldwide
legal@intersecworldwide.com
949-270-0504
19. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Intersec Worldwide regarding the Service and supersede all prior agreements.
Cancellation Policy
1. SUBSCRIPTION CANCELLATION
2.1 User-Initiated Cancellation
You may cancel your subscription at any time by:
- Logging into your account and navigating to subscription settings; or
- Contacting us at: [Insert Email]
Cancellation will take effect at the end of the current billing cycle, unless otherwise stated.
2.2 No Prorated Refunds
Unless expressly stated otherwise:
- All fees are non-refundable
- No prorated refunds will be provided for partial billing periods
3. AUTOMATIC RENEWAL DISCLOSURE (CALIFORNIA ARL COMPLIANCE)
3.1 Automatic Renewal Terms
By purchasing a subscription, you expressly acknowledge and agree that:
- Your subscription will automatically renew at the end of each billing period (e.g., monthly or annually)
- The payment method you provide will be automatically charged at the then-current rate unless you cancel
3.2 Clear and Conspicuous Disclosure
The automatic renewal terms, including:
- Renewal frequency
- Billing amount (or method of calculation)
- Cancellation instructions
will be presented to you in a clear and conspicuous manner prior to purchase, in compliance with California law.
3.3 Affirmative Consent
By completing your purchase, you provide affirmative consent to the automatic renewal terms.
3.4 Post-Purchase Acknowledgment
You will receive a confirmation (e.g., via email) that includes:
- Automatic renewal terms
- Cancellation instructions
- Customer support contact information
3.5 Easy Cancellation Mechanism
You may cancel your subscription:
- Online via your account dashboard; or
- By contacting customer support
The cancellation process will be simple, immediate, and without unnecessary barriers, as required by California law.
3.6 Notice of Material Changes
If we change subscription terms (e.g., pricing):
- We will provide advance notice
- Changes will take effect in the next billing cycle after notice
3.7 Annual Renewal Reminder (If Applicable)
For subscriptions with a term of one year or longer, we will provide a reminder notice:
- Between 15 and 45 days before renewal, in compliance with California law
5. COMPANY-INITIATED CANCELLATION
We may suspend or terminate your account without notice if:
- You violate our Terms of Service
- You engage in unlawful or prohibited conduct
- Your use poses a risk to the platform or others
No refunds will be issued in such cases.
6. EFFECT OF CANCELLATION
Upon cancellation:
- You retain access through the end of your billing period
- Thereafter, access will be terminated
7. DATA RETENTION AND DELETION
After cancellation:
- Data may be retained for a limited period for legal or operational purposes
- Thereafter, data may be permanently deleted
Users are responsible for exporting data prior to cancellation.
8. EXCEPTIONAL REFUNDS
Refunds may be issued at our sole discretion in cases of:
- Billing errors
- Duplicate charges
- Service failures attributable to us
Requests must be submitted within [e.g., 14 days] of the charge.
9. CHANGES TO THIS POLICY
We may update this policy at any time. Updates will be posted with a revised effective date.
Continued use of the Service constitutes acceptance of any changes.
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.
Data Breach
If you are concerned about a potential breach or if you are currently experiencing a breach and require immediate assistance, contact us with the information below or fill out the form on this page.
A forensics or compliance expert will get back to you as soon as possible.
Email: info@intersecworldwide.com
Phone: 1-800-499-5834
Serving clients worldwide.