Terms and Conditions of Usage
Table of Contents
- Account Terms
- Sub-processors
- Our Rights
- Your Responsibilities
- Payment of Pricing Fees and Taxes
- Fee Changes & Refunds
- Confidentiality
- Limitation of Liability and Indemnification
- Feedback and Reviews
- Privacy and Data Protection
- Termination
- Changes
- General Conditions - DISCLAIMER OF WARRANTY
- Contact Us
Last updated on: March 22, 2024
Welcome to Etonpost By Eton Labs Inc! By signing up for a Etonpost Account (as defined in Section 1) or by using any Eton Labs Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “our” and “Etonpost” means the applicable Eton Labs Contracting Party (as defined in below), and “you” means the Etonpost User (if registering for or using a Etonpost Service as an individual), or the business employing the Etonpost User (if registering for or using a Etonpost Service as a business) and any of its affiliates.
Etonpost provides a complete platform that enables merchants and individuals to send letters, mails, postcards, documents and checks online. Among other features, this platform includes a range of tools for individuals and merchants to build and customize online postal stores, upload and manage documents, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by Etonpost are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time here.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Etonpost’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Supplementary Terms of Service for E.U. Merchants ("EU Terms"), the Etonpost API License and Terms of Use “API Terms”) and the Etonpost Data Processing Addendum (“DPA”) before you may sign up for a Etonpost Account or use any Etonpost Service.
Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Etonpost or any Eton Labs Inc services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- To access and use the Services, you must register for a Etonpost account (“Account”). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Etonpost may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Etonpost for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Etonpost will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Etonpost and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Etonpost can only be authenticated if they come from your Primary Email Address.
- You are responsible for keeping your password secure. Etonpost cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
- Technical support in respect of the Services is only provided to Etonpost Users. Questions about the Terms of Service should be sent to Etonpost Support.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Etonpost.
- You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Etonpost’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
- You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
- You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Etonpost or its affiliates.
Which means
Only one account is allowed per person.
2. Sub-processors
- Etonpost can hires sub-processors to provide the services hired by the platform. We can hire sub-processors with the purpose of hosting data to enable our job.
- When this happens, Etonpost assures that the processor hired is compliant with the GPDR, through a contract or agreement in accordance with its directions. Cooperation with Platform.
- Etonpost assumes a duty to cooperate with the platform
- Regarding data safety: as soon as Etonpost has knowledge of a data breach on their end of data processing, it will communicate it with the platform so that appropriate measures can be taken by the platform to safeguard the rights and freedoms of the data subject.
- Regarding the exercise of data subjects’ rights: Etonpost cooperates with the platform in providing the necessary assistance to fulfill the exercise of rights requested by the data subjects.
3. Our Rights
- The etonpost.com is an online mailing service provided by Eton Labs Inc (“etonlabsinc.com”), subject to your compliance with the terms and conditions set forth below. Please read these Terms and Conditions ('Terms', 'Terms and Conditions') carefully before using the etonpost.com website and/or API (the 'Service) operated by Eton Labs Inc ('us', 'we', or 'our'). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. If you do not wish to be bound by these terms and conditions, you may not access or use the Service.
- By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
- API Acceptable Usage Policy:
- You may not resell or redistribute etonpost data without prior authorization
- You may not share your API key with anyone who isn’t part of your organization
- You may not attempt to dump our lookup database
Which means
Etonpost has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove documents from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Etonpost Account, we can freeze a Etonpost Account or transfer it to the rightful owner, as determined by us.
4. Your Responsibilities
- Links To Other Web Sites
- Our Service may contain links to third-party websites or services that are not owned or controlled by Etonpost.
- Etonpost has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Etonpost shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
5. Payment of Pricing Fees and Taxes
- Some parts of the Service are billed on a pricing basis ('Pricing'). You will be billed in advance on a Pricing basis.
- At the end of a transaction, each Pricing fee will automatically be deducted from your payment account, unless you cancel it or etonpost cancels it. You may cancel your Pricing either through your dashboard setting page or by contacting etonpost customer support team.
- A valid payment method, including credit/debit card or PayPal, is required to process the payment for your Pricing. You shall provide etonpost with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize etonpost to charge all Pricing fees incurred through your account to any such payment instruments.
- Should billing fail to occur for any reason, etonpost will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the Pricing as indicated on the invoice.
Which means
A valid payment method would be required to pay all service fees, including the pricing, transaction and additional fees required for all postage services.
6. Fee Changes & Refunds
- Etonpost, in its sole discretion and at any time, may modify the Pricing fees for the delivery transactions. Any Pricing fee change will become effective at the end of the then-current Pricing Cycle.
- Etonpost will provide you with reasonable prior notice of any change in Pricing fees to give you an opportunity to terminate your mailing transaction before such change becomes effective.
- Your continued use of the Service after the Pricing fee change comes into effect constitutes your agreement to pay the modified Pricing fee amount.
Which means
Certain refund requests for cancellation may be considered by Etonpost on a case-by-case basis and granted at the sole discretion of Etonpost.
7. Confidentiality
- Etonpost assures that every data that is transferred by the platform is kept confidential and safety.
- Etonpost guarantees the implementation of all technical and organizational measures needed to ensure data safety that is required by the General Data Protection Regulation and ensure the protection of the rights of the data subject.
8. Limitation of Liability and Indemnification
- You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs, and expenses (including but not limited to attorneys' fees), arising from or related to your use of our Website and Service.
Which means
We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.
9. Feedback and Reviews
- Etonpost welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Etonpost be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Etonpost (whether submitted directly to Etonpost or posted on any Etonpost hosted forum or page), you waive any and all rights in the Feedback and that Etonpost is free to implement and use the Feedback if desired, as provided by you or as modified by Etonpost, without obtaining permission or license from you or from any third party.
- Any reviews of a Third Party Service or Third Party Provider that you submit to Etonpost must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Etonpost reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
Which means
We welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of third parties remain confidential and we can use the feedback in any way we want.
10. Privacy and Data Protection
- Etonpost is firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that Etonpost’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
- Registering on Etonpost, as a free user or as a subscriber, allows you to use our Service. Our service allows you to send letters, mails, postcards, and documents online. After this information is transmitted we will store the data anonymously to improve our service.
- By the understanding of the General Data Protection Regulation, by providing this service, Etonpost is your facilitator.
- Beware: the legality of our service depends on the consent of your users to collect this data. We cannot be held accountable for the illegitimate use of your user’s data.
- To the extent that Etonpost processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Etonpost’s collection and use of personal information is also subject to our Data Processing Addendum.
Which means
Etonpost’s use and collection of personal information is governed by our Privacy Policy. Etonpost’s use and collection of customer personal information is further governed by our General Data Protection Regulation.
11. Termination
- The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
- You may cancel your Account and terminate the Terms of Service at any time by contacting Etonpost Support and then following the specific instructions indicated to you in Etonpost’s response.
- Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
- We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
- Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may contact us.
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Etonpost for your use of the Services through the effective date of such termination will immediately become due and payable in full.
12. Changes
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
- Any rights not expressly granted herein are reserved.
Which means
If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).
13. General Conditions - DISCLAIMER OF WARRANTY
- OUR WEBSITE/SERVICE IS OPERATED ON AN 'AS IS', 'AS AVAILABLE', AND 'WITH ALL FAULTS' BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE RISK. LIMITATION OF LIABILITY
- IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE/SERVICE.
14. Contact Us
- If you have any questions about these Terms, please contact us at info@etonlabsinc.com.