Aurora SendCloud's Terms Of Service

The following terms and conditions (“Terms of Service") apply to the Services to be delivered by the entity shown on the applicable Service Order (as defined below) on behalf of Aurora SendCloud, an Aurora Mobile Limited group company to the customer ordering the Services or identified in the Service Order (“Customer" or “you" or “your”). Aurora SendCloud comprises of the umbrella brands Aurora SendCloud, SendCloud, Shanshan, ifaxin, and Email on EngageLab.
BY SUBSCRIBING TO OUR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE, WITHOUT RESERVATIONS, TO BE BOUND BY THE LATEST VERSION OF THESE TERMS OF SERVICE.

I.Defined terms

1.“Affiliate" means any entity that is owned or that owns a party, or that is under its common control.

2.Aurora SendCloud, a service based on cloud technology to provide efficient email delivery, email tracking and other services, hereinafter referred to as "Aurora SendCloud".

3.Agreement on the validity of your mailing list: The customer undertakes to guarantee the validity of the mailing list provided. That is to say, for the mailing list provided, you guarantee that the proportion of its hard bounce will not exceed 5% of the total amount of single task.

4.Hard bounce: Delivery failures due to invalid email address provided by the customer, including but not limited to non-existence of email addresses.

5.The actual number of billed emails: the sum of the number of delivered, soft bounced and partially invalid emails.

II.Customer Responsibilities

1.You agree and guarantee that Aurora SendCloud has the right to request the customer submit the original copy of any relevant qualification certificates and/or any other information at any time during the term of this agreement. The customer is liable for the authenticity, integrity and legitimacy of the information you provided.

2.You agree and guarantee that the customer will follow the laws and this agreement to use Aurora SendCloud properly. The customer is solely responsible for, and Aurora SendCloud is exempt from any legal liabilities arising from your actions.

III.Rights and obligations of Customer

1.You have the right to create an account with SendCloud. When registering for an account, you should provide Aurora SendCloud with authentic, complete, legitimate and legally valid information. If there is any change in your information, you should notify Aurora SendCloud in writing after the change and provide the latest information.

2.The customer agrees to pay the fees for the services of using Aurora SendCloud.

3.The customer guarantees the authenticity, legality, validity and permissibility of the mailing list provided by the customer. Customer is obligated to filter the mailing list to ensure that the validity of customer’s own email addresses is fulfilled and that delivering emails to them is permitted. Otherwise, Aurora SendCloud has the right to terminate this agreement at any time and any balance in customer’s account will not be refunded. At the same time, Aurora SendCloud is not responsible for verifying the authenticity and permissibility of the email addresses provided by the customer.

4.The customer agrees to authorize Aurora SendCloud and its relevant party to save and use the information you provide, including but not limited to personal name, email address, telephone number, ID card information etc when you start using Aurora SendCloud's service.

5.If the hard bounce percentage exceeds 10% in any month or exceeds 10% at any time, Aurora SendCloud has the right to terminate service, and any balance in customer's account will not be refunded. Customers should compensate for any damage caused to Aurora SendCloud's services and reputation as a result.

6.If the percentage of emails reported as spam exceeds 0.05% in any month or exceeds 0.05% in any day, Aurora SendCloud has the right to terminate service, and any balance in customer's account will not be refunded. Customers should compensate for any damage caused to Aurora SendCloud's services and reputation as a result.

7.In using Aurora SendCloud, customers undertake and guarantee:

(1) Comply with all laws and regulations of the People's Republic of China and international agreements, regulations, procedures and practices regarding the Internet and email.

(2) Not to disturb or interrupt the Internet services or other normal uses by Aurora SendCloud.

(3) Not performing any acts that may have adverse effects on Aurora SendCloud or are prohibited by laws and regulations.

8.Customers should not utilize SendCloud to send the following emails:

(1)Promotional or marketing emails such as advertisements, electronic publications, various forms of promotional materials, etc. that the recipient has not requested or agreed to receive in advance.

(2)Emails cannot be rejected by the recipient.

(3)Emails that hide the sender's identities, addresses, subjects, and other information.

(4)Emails that contain false information about source, sender, routing, etc;

(5)Emails that contain viruses, malicious codes, pornography, reactionary and other undesirable information, harmful information or other content prohibited by laws and administrative regulations.

9.If the customer violates any of the provisions of paragraphs (1) to (5) of the preceding Article 8, the customer shall bear all the legal liabilities arising therefrom and compensate for all the losses caused to Aurora SendCloud as a result. Aurora SendCloud has the right to terminate this Agreement immediately and freeze and deduct the balance in customer’s account.

10.Customer may choose to customize the service, and the specific content of the customized service is subject to the information of customer's online application on Aurora SendCloud page. The customer shall not use the resources of Aurora SendCloud beyond the scope of the customized service content. If the customer customizes the email tracking function, it shall ensure that the function is used for legal purposes. If the customer uses this function for acts involving infringement of the privacy of third parties or other illegal purposes, the customer shall bear all legal liabilities.

11.Aurora SendCloud only retains the email data in customers' accounts for sixty days. The customer shall store and back up the relevant data on its own in accordance with the deadlines stipulated by laws and regulations. The customer shall provide Aurora SendCloud or the administrative department with the backup contents at any time upon Aurora SendCloud's or the administrative department's request.

12.Customers agree that Aurora SendCloud shall use the customer's name, trade name, trademark, logo, domain name and other commercial signs in the process of commercial publicity of Aurora SendCloud's partners, as well as publicize and promote the content of cooperation with you as customer cases. In any case, the customer and Aurora SendCloud shall not engage in matters that may affect the cooperation between the two parties or infringe on the other party's reputation, intellectual property rights, privacy and other legitimate rights and interests.

13.The customer shall use the services of Aurora SendCloud appropriately and shall be responsible for its own behavior in accordance with this agreement and the regulations published by Aurora SendCloud from time to time. In the event that the customer is subject to litigation, claims and/or penalties as a result of its behavior, the customer shall indemnify Aurora SendCloud for all losses incurred as a result.

14.The customer guarantees strengthening the security protection of its own website or system platform when using the services of Aurora SendCloud. This includes but is not limited to adding the necessary graphic verification, numeric verification, slider verification, etc., when your customers sign up and log in. The customer may use your Aurora SendCloud's platform account to add IP address to whitelist, bombing-proof settings or other account security settings. If the use of the website or system platform is abnormal due to customer's reasons, customer shall bear the resulting consequence, and Aurora SendCloud shall not assume any liability.

15.Customer guarantees the legality, authenticity, accuracy, integrity and security of the relevant operations when using services provided by Aurora SendCloud and shall prevent illegal acts that endanger the security of communication and information services, such as hacker attacks, password theft, illegal invocation through means like exploitation or intrusion. Customer shall properly safeguard the information of API and secret, account, password and ensure the security and confidentiality of its own terminal and network. Any operation carried out through the customer's registered account or authorized account (if supported by the system) will be deemed to be an operation performed by the customer yourself, and the customer will bear the corresponding responsibility. If the loss or leakage of the above-mentioned interfaces, account, passwords, etc. is not attributable to the intentional act or gross negligence of Aurora SendCloud, Aurora SendCloud shall not be liable for losses and consequences arising therefrom.

16.Customers agree to receive emails and messages from Aurora SendCloud, including but not limited to commercial promotional messages.

IV.Rights and obligations of Aurora SendCloud

1.Aurora SendCloud has no obligation to supervise the customer’s behavior. Aurora SendCloud has the right to claim compensation for any losses caused by customer's behavior.

2.Aurora SendCloud makes the following commitments regarding the quality of the services provided to the customer:

(1)In accordance with the customer’s requirements, Aurora SendCloud shall provide the customer with a status report upon the completion of each email delivery task.

(2)Aurora SendCloud shall provide you with reasonable advice and assistance to help the customer improve the delivery quality.

(3)Aurora SendCloud shall provide the customer with complaint handling and response services.

3.Aurora SendCloud has the right to change prices for using Aurora SendCloud at any time, but services already purchased by the customer are not subject to such changes.

4.Aurora SendCloud has the right to conduct regular or irregular upgrading or improving of Aurora SendCloud, after making announcements online in advance. If customers are affected by such actions, Aurora SendCloud shall not be liable if announcements have been made in advance.

5.Aurora SendCloud should keep confidential of the customer’s business secrets learned by the customer during the provision of services to the customer. Such duty of confidentiality shall remain in effect for a period of one (1) year after the termination of this Agreement.

6.Aurora SendCloud has the right to determine whether the customer has breached this Agreement and the rules of using Aurora SendCloud according to its own judgment. If there is any such breach, Aurora SendCloud has the right to suspend or terminate this Agreement at any time, without obtaining the consent from or notifying the customer.

7.Aurora SendCloud agrees the customer may use Aurora SendCloud's name, trade name, trademark, logo, domain name and other commercial signs in the process of commercial publicity of customers’ partners; in any case, neither the customer nor Aurora SendCloud shall engage in matters that may affect the cooperation between the two parties or infringe upon the other party's reputation, intellectual property rights, privacy and other legitimate rights and interests.

8.In the event of early termination of this Agreement due to reasons not attributable to Aurora SendCloud, Aurora SendCloud shall be entitled to no refund of the Fees that the customer has paid but not yet utilized.

9.In view of the special nature of the Internet service, Aurora SendCloud shall not be responsible for any service interruption, data loss, etc. caused by force majeure, third party service, hacker attack, policy influence and any other factors that are beyond Aurora SendCloud’s control.