Outmass Terms of Service

THESE GENERAL TERMS OF SERVICE (the « Terms ») are a legal and binding agreement between Loving Universe LLC (« Outmass » or « Outmass » or « We » or « Us » or « Service Provider ») and you, or if you represent an employer or client, then the employer or client (« You » or « Client »), governing your use of Outmass’s website (https://outmass.com), the emailing services and all other related services that Outmass provides (collectively the « Services »).

Outmass reserves all rights to change or update these Terms at any moment and at its sole discretion, by posting on its Website or by providing any other notice, if possible at least 30 days before its entry into effect, and your rights under these Terms will be subject to the most current version posted on the Website at the website, the emailing services and all other related services that Outmass provides (collectively the « Services »).
PLEASE CAREFULLY READ THESE TERMS. BY SUBSCRIBING OR BY ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE, WITHOUT RESERVATIONS, TO BE BOUND BY THE LATEST VERSION OF THE AGREEMENT BEING THE FOLLOWING DOCUMENTS, LISTED BY ORDER OF PRIORITY:Specific Terms (defined below in article 1), if any;These Terms;Sending Policy (Anti-Spam Policy);The Services are exclusively reserved for a professional use and are not available to minors under the age of 18.

Each capitalised term herein shall have the meaning given below unless otherwise expressly stated.« Assistance Services » means any consulting services, development, configuration and settings assistance provided by Service Provider in order to allow Client to access and use the Service, including integration of an API into its own website or implementation of an « SMTP-IMAP » protocol for email transfers. Assistance Services include Consulting Services, On-boarding and training services, as well as all related services.« Data » means Client’s electronic data, whether or not personal data, which are collected, managed, processed and/or shared by Client and Service Provider, and which may be intended for third parties, through the Service access and use rights.« Service » means the outmass externalised application solution that is hosted on the servers and/or cloud that Service Provider designates and that Client may execute remotely. The Service offers various features, including, but not limited to, management of emailing campaigns with real-time monitoring of sent email deliverability, sending and managing, transactional emails. Service Provider expressly reserves the right, at any time during the term of the Agreement, to adapt, arrange and/or modify any of the components granting access and use rights to the Service and the associated documentation, provided that the maintenance and support commitments are complied with for these operations. Similarly, outmass may, at any time, discontinue providing a platform deemed undesirable and/or obsolete and migrate services to a new infrastructure; in which case, outmass will endeavour to inform You as early as possible and invite You to migrate your account to the new infrastructure.« Intellectual Property Right » means all industrial property and copyrights including patents, trademarks, designs and models, copyrights (audiovisual effects, graphic interfaces, preparatory design material, software and source code, specifications and ancillary documentation).« Operating Policies » means the operational rules, guidelines and processes followed by Service Provider in the operation of the Service, and with which Customer’s compliance is also required in some cases. These Operating Policies are comprised of the Privacy Policy and outmass Sending Policy, as updated from time to time, and are incorporated herein.« Specific Terms » means all specific terms and conditions mutually agreed with the Client stating in particular the financial and technical elements specified in quotation.« Website » means the web pages associated with the technological features of the Service described in the Service Documentation that can be accessed by and configured for and/or by Client, especially the “Admin” interface, in accordance with the Agreement.