Supplemental Terms for Mailmeteor BounceShield

Effective as of September 17, 2024

These Supplemental Terms ("Supplemental Terms") are incorporated into and form part of the Mailmeteor Terms of Service ("Agreement") between Mailmeteor SAS, a French corporation ("Mailmeteor") and you, or if you represent an employer or client, then the employer or client ("You" or "Customer"). These Supplemental Terms apply specifically to the use of the Mailmeteor BounceShield service ("BounceShield"). By using BounceShield, the Customer agrees to the following:

Article 1. Scope

1.1. These Supplemental Terms govern the Customer's use of the BounceShield feature in addition to the terms of the Agreement. In the event of any conflict between these Supplemental Terms and the Agreement, these Supplemental Terms shall prevail regarding BounceShield.

1.2. BounceShield provides email bounce monitoring, email verification, and reporting services to help maintain the Customer’s sender reputation.

Article 2. Access and Use of BounceShield

2.1. Access to BounceShield is granted only to Customers with a valid Mailmeteor account. The Customer agrees to use BounceShield in compliance with all applicable laws, regulations, and the Agreement.

2.2. The Customer is responsible for ensuring that all email addresses provided to BounceShield for verification are lawfully obtained and processed in accordance with applicable data protection laws.

Article 3. Data Processing and Privacy

3.1. By using BounceShield, the Customer authorizes Mailmeteor to process and store email data for the purpose of verification, monitoring, and providing analytics.

3.2. Mailmeteor agrees to handle any data collected in connection with BounceShield in accordance with its Privacy Policy and applicable data protection laws.

3.3. The Customer acknowledges and agrees that Mailmeteor is entitled to use third-party services to double-check and/or delegate the email verification process. Mailmeteor will ensure that such third-party services comply with applicable data protection laws and standards to maintain the integrity and security of the data.

Article 4. Customer Obligations

4.1. The Customer shall not use BounceShield for unlawful or prohibited activities, including but not limited to sending unsolicited or misleading communications.

4.2. The Customer agrees to maintain accurate records of recipients' consents and provide such records to Mailmeteor if required.

4.3. The Customer shall take appropriate measures to ensure the security and confidentiality of access credentials for using BounceShield.

Article 5. Fees and Payment

5.1. BounceShield is offered as a one-time service, not a subscription. The price for using the service will be displayed to the Customer before starting the email verification process. By proceeding with the verification, the Customer agrees to the one-time fee as outlined in the pricing plan. All fees are non-refundable.

5.2. Refund Policy: The Customer acknowledges and agrees that all fees related to the use of BounceShield are non-refundable, regardless of the duration of use, termination, or suspension of the service. Mailmeteor shall not provide any refunds, credits, or prorated payments for any reason.

5.3. Mailmeteor reserves the right to modify fees related to BounceShield with prior notice to the Customer, as specified in the Agreement. Any change will only be effective for new purchases and be displayed before the start of a new email verification process.

Article 6. Service Limitations and Disclaimers

6.1. BounceShield is provided on an "as-is" and "as-available" basis. Mailmeteor makes no guarantees regarding the accuracy, completeness, or reliability of the email verification service.

6.2. The Customer acknowledges that, technically speaking, the only definitive way to verify an email address is by sending an actual email to the recipient's inbox. BounceShield, however, operates without sending emails to recipients. Instead, it uses alternative methods, including querying email servers and using third-party verification services, to assess the validity of an email address. Due to these inherent limitations, the results provided by BounceShield are not guaranteed to be 100% accurate.

6.3. The Customer further acknowledges that the use of BounceShield does not guarantee that emails will not be marked as spam or bounced by recipients' email servers. Factors beyond Mailmeteor's control, such as the recipient's email server configuration, spam filters, or the status of the recipient's mailbox, can affect the delivery and acceptance of emails even if they pass the verification process.

Article 7. Limitation of Liability

7.1. Mailmeteor shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Customer's use of BounceShield, even if Mailmeteor has been advised of the possibility of such damages.

7.2. Mailmeteor's total liability for any claims arising from or related to these Supplemental Terms or BounceShield shall not exceed the fees paid by the Customer for BounceShield during the twelve (12) months preceding the event giving rise to the claim.

Article 8. Term and Termination

8.1. These Supplemental Terms shall remain in effect as long as the Customer continues to use BounceShield or until terminated by either party in accordance with the Agreement.

8.2. Mailmeteor reserves the right to suspend or terminate the Customer's access to BounceShield for any violation of these Supplemental Terms or the Agreement.

Article 9. Amendments

9.1. Mailmeteor may amend these Supplemental Terms from time to time. Any amendments will be communicated to the Customer through Mailmeteor's website or other means as specified in the Agreement.

9.2. The Customer's continued use of BounceShield after the effective date of any amendments constitutes acceptance of the updated Supplemental Terms.

Article 10. Miscellaneous

10.1. These Supplemental Terms are subject to French law. Failing amicable settlement, any difficulties related to their interpretation or validation, and any dispute between us will be the exclusive jurisdiction of the Paris courts, notwithstanding multiple defendants or third party claim.

10.2. If any provision of these Supplemental Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

By using BounceShield, the Customer agrees to the terms and conditions set forth in these Supplemental Terms.