Fair Use Policy

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Updated on: 31st May 2022  |  Effective Date: 31st May 2022.

Fair Use Policy - Smartlead. Ai

This Fair Use Policy regulates your use of the Service. 

This Fair Use Policy is subject to and should be read in conjunction with the Terms available at Terms of Use (smartlead.ai) or a successor URL. Any reference to “we,” “us” or “our” in this Fair Use Policy means 521 PRODUCTS PTY LTD (ACN 645 593 835) trading as Smartlead and its related entities or bodies corporate. Any reference to “you" means the Users of the Service. All capitalised terms used in this Fair Use Policy that are not defined herein have the meanings given to them in the Terms.

  1. Purpose of this Fair Use Policy 
  1. The purpose of this Fair Use Policy is to ensure that all the Users have fair and equal access to the Service, while preventing abuse or misuse of the Service, even by those Users who have subscribed to an unlimited plan of the Service. 
  2. This Fair Use Policy along with the Terms establishes the terms and conditions that govern your use of the Service and any other related Agreement or legal relationship with us.                                                                                                                                            
  1. Applicability of this Fair Use Policy 
  1. This Fair Use Policy applies to all use of the Service by you, including if you have subscribed for an unlimited plan.
  2. Your use of the Service constitutes your acceptance of this Fair Use Policy.
  3. Further, this Fair Use Policy constitutes a part of the Terms, and you are deemed to accept the Fair Use Policy by virtue of accepting the Terms.
  1. Changes to this Fair Use Policy 
  1. We reserve the right to amend or otherwise modify the Fair Use Policy at any time. In such cases, we will appropriately inform you of these changes. Such changes will only affect the relationship with the Users for the future. 
  2. The continued use of the Service will signify your acceptance of the revised Fair Use Policy. If you do not wish to be bound by the changes, you must stop using the Service.
  1. Fair Use of the Service 
  1. You must make fair and reasonable use of the Service, even if you have subscribed for an unlimited plan. In general, legitimate use of the Service for its intended purpose will not cause you to be in breach of this Fair Use Policy. 
  2. We retain the exclusive right to determine the activities of the Users that may be deemed unreasonable use of the Service. Unreasonable use of the Service includes, without limitation, any use: 
  1. which is in breach of any applicable law, including without limitation any law or
    regulation in relation to privacy, data or spam;
  2. which interferes with others’ use, access or enjoyment of the Service;
  3. which causes significant congestion or reduces our ability to fairly and equitably provide the Service to other Users; 
  4. which attempts to bypass or manipulate limitations or usage restrictions on the Service;
  5. which is not genuinely needed by the User for their legitimate business needs;
  6. which constitutes abnormal or excessive use of the Service compared to the average use by other users on similar plans; 
  7. which results in restricted or disallowed content being disseminated through the Service, including, without limitation, spam; or 
  8. which involves resupplying or reselling the Service or sharing access the Service without our express written consent.
  1. For the purposes of this Fair Use Policy, examples of abnormal or excessive use of the Service includes, without limitation, establishment of mailboxes by you in a manner which contravenes, undermines or subverts the reasonable and acceptable use of the Service or the subscription plan chosen by you, such as for spamming email recipients, or abusing the unlimited email warm-up offered by us.
  2. The following will constitute provisional thresholds for mailboxes, anything in excess of which will require manual approval by us (which we may refuse at our sole discretion:
  1. Basic plan - 100 mailboxes;
  2. Popular plan – 300 mailboxes and
  3. Pro plan - 800 mailboxes.
  1. Monitoring Compliance with Fair Use Policy 
  1. We are under no obligation to monitor your compliance with this Fair Use Policy. However, we may from time to time take steps to detect and prevent unreasonable use of the Service or use otherwise in breach of this Fair Use Policy. By way of an example, we may apply usage control limits to certain features of the Service to prevent unusual or excessive use of the Service. 
  2. If you believe the Service has been misused by a third party, has been barred as a result of an accident or error, or wish to request that usage limit controls placed on your use of the Service be removed, please contact us.
  3. We may agree to remove usage limit controls placed by us on a case-by-case basis where you have legitimate reasons to exceed these limits and we agree in our sole discretion that it is reasonable to do so.
  1. Breach of this Fair Use Policy 
  1. If you are in breach of this Fair Use Policy, we may take remedial action. We may also take remedial action if we are required to do so by applicable law, a regulator or court order. 
  2. Where reasonable and not prevented by law, we will notify you that you are in breach of this Fair Use Policy, using the contact details we have registered for your account.
  3. If we, in our sole discretion, deem your usage to be a minor breach of this Fair Use Policy, we may first request that you modify your use of the Service in a manner that brings it in compliance with this Fair Use Policy, before we take any other action. 
  4. If we deem your usage to be a material breach of this Fair Use Policy, to have serious consequences to others, or to remain uncorrected within a reasonable period after we have notified you of the breach, we may immediately (with or without notice to you), without any liability to us: 
  1. give you a warning that further repetition of the breaching activities may result in suspension or termination of the Service;
  2. suspend or limit all or any part of the Service;
  3. terminate your Agreement with us for the Service without offering you a pro-rata refund of any fees paid in advance by you;
  4. exercise any other rights or remedies we have under the Terms;
  5. implement technical mechanisms to prevent behaviour which breaches this Fair Use Policy;
  6. report any conduct or activities to applicable law enforcement or regulatory agencies; and/or
  7. take any other action we deem necessary, including action against offenders to recover costs and expenses.
  1. Contact Us 
  1. For further information about our Fair Use Policy or practices, or to communicate with us, please contact us using the details set out below:

Smartlead Support Chat

Effective:  M 2023