Marketing Emailer Professional
Legal

Software license agreement

Version 1.0, effective on the date of first release.

This agreement is between Steve Victor Faleiro ("we", "us") and the person or organization that installs, activates or uses Marketing Emailer Professional ("you"). By installing, activating or using the Software you accept this agreement. If you do not accept it, do not install or use the Software.

1. What this agreement covers

"Software" means Marketing Emailer Professional: the program (meml.exe), the sender (meml_sender.exe), the installer and the documentation, including updates we provide.

"Installation" means one installed copy of the Software on one computer, physical or virtual.

"Services" means the online services the Software uses: license activation and checks, the AI features, and the one-click unsubscribe service (sections 4, 5 and 6).

2. Your license

For each license you buy, we grant you a perpetual, non-exclusive license to install and use the Software on one Installation, for any lawful purpose, including commercial use. You may make a copy of the installer for backup purposes.

The license does not expire. It ends only as set out in sections 12 and 15.

3. Trial license

A trial license lets you use the complete Software for 30 days from the day you activate it, to assess whether it suits you. Trial licenses are limited to one per computer. When a trial ends, or whenever the Software has no active license, it opens read-only: your lists, messages, campaigns and reports remain and can be viewed, but nothing can be created, imported, changed or sent until a purchased license is activated. Nothing is deleted because a license has ended.

4. Activation and license checks

The Software must be activated with a license key. Activation and later license checks contact our license server at license.osolis.com over an encrypted connection.

The Software checks the license with our server about every 30 days. If our server cannot be reached, the Software keeps working for a further 14 days, and then becomes read-only until a check succeeds. A license that has ended under section 12 or 15 makes the Software read-only at its next check.

To move your license to another of your computers, use "Move to another PC" in the Software before you stop using the old computer, then activate the same key on the new one. If the old computer can no longer be used, contact us and we will release the license.

What is sent: your license key, its activation ID, the Software's version, SHA-256 hashes of three identifiers of your computer (its Windows machine GUID, BIOS serial number and system volume serial number - not the identifiers themselves), and, at activation only, the computer's name. Our server also records the IP address the request came from. We use this information only to issue, check and administer licenses, to prevent misuse of license keys, and to answer your support requests. We do not sell it.

5. Ai features and credits

The AI features run on our server and are paid for with credits. Each license includes 100 credits, and a trial license 5. Further credits are sold in packs on the osolis.com storefront and are added to the balance of the license you choose. The number of credits each AI operation uses is shown on our website.

Credits belong to the license they were added to. They have no cash value, are not refundable except where the law that applies to you requires it, and pass with the license only if the license is transferred under section 11.

When you use an AI feature, the Software sends our server the description you typed, the tone you chose, the names of the merge tags offered, and, when rewriting a message, that message's content. Our server passes this to a third-party AI provider to produce the result. The Software never sends your contact lists to the AI features. We keep the result on our server for up to 48 hours, so that a retried request is not charged twice, and then delete it. Our records of AI use hold the license, the operation, the credits used and the size of the request, not its content.

AI output can be wrong or unsuitable. Read it before you send it: you are responsible for what you send.

6. The one-click unsubscribe service

If you switch on one-click unsubscribe, every message carries a link to our unsubscribe service (listprefs.com). The service receives and stores only a random code for each message, an identifier for your Installation, and the time; it never receives an email address. The Software collects the requests from it and adds them to your suppression list.

The service is included with your license. We aim to keep it available but do not guarantee that it always will be, and we may change how it is provided. We may suspend the service for an Installation that is used to send mail in breach of section 8.

7. Updates

Every update we release for the major version of the Software you bought is included with your license at no extra charge: fixes, and new minor versions (for a version 2 license, 2.1, 2.2 and so on). A new major version, such as version 3, is a new product and needs a new license. We are not obliged to release any particular update, or updates for any particular length of time.

8. Your responsibilities as the sender

You are the sender of every message the Software sends, through accounts you control. You are responsible for complying with the laws that apply to your email, such as CAN-SPAM in the United States, the GDPR and PECR in the European Union and the United Kingdom, and CASL in Canada; for having a lawful basis to mail each recipient; for honouring unsubscribe requests; and for keeping to the terms of your email providers.

You may not use the Software or the Services to send unsolicited bulk email, phishing, malware, or anything unlawful, deceptive or infringing.

9. Support

Licensed customers receive support by email at support@marketingemailer.com. We aim to respond within one business day but do not guarantee a response time or that every problem can be solved. Support for trial users is provided on a best-effort basis.

10. What you may not do

You may not:

  • (a) use the Software on more Installations than you have licenses for;
  • (b) rent, lease, sell or sublicense the Software, except as section 11 allows;
  • (c) remove, disable or work around the activation, license checks or code signature checks, or modify the Software's executables;
  • (d) share a license key with others, or publish it;
  • (e) use the Services other than through the Software, or try to obtain credits or AI results without paying for them; or
  • (f) remove or alter any copyright, license or attribution notice.

Nothing in this section limits rights that applicable law gives you.

11. Transferring your license

You may transfer a license to another person or organization, for example when you sell your business, provided that: The transfer takes effect when we confirm it. The new licensee then holds the license, and its remaining credits, under this agreement, and you no longer do.

  • (a) you stop using the Software under that license and release it from your computer (section 4);
  • (b) you tell us in writing, by email to support@marketingemailer.com, the name and email address of the new licensee; and
  • (c) the new licensee accepts this agreement.

12. Price and refunds

Licenses and credit packs are sold through the osolis.com storefront at the price shown when you buy, plus any applicable taxes.

All sales are final. Because the complete Software can be tried free of charge for 30 days before purchase (section 3), we do not offer refunds after purchase, except where the law that applies to you requires one.

If a payment for a license is reversed or charged back, that license ends and we may revoke it.

13. No warranty

THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE EXTENT THE LAW ALLOWS. WE DO NOT WARRANT THAT THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MESSAGE WILL BE DELIVERED OR REACH AN INBOX.

You are responsible for your sending accounts, your domain's records, your contact data, and keeping your computer and its data secure and backed up.

14. Limitation of liability

TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING FROM THIS AGREEMENT, THE SOFTWARE OR THE SERVICES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE. OUR TOTAL LIABILITY ARISING FROM THIS AGREEMENT, THE SOFTWARE OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID FOR THE LICENSE CONCERNED AND ITS CREDITS.

Some jurisdictions do not allow these exclusions or limits, so some of them may not apply to you.

15. Ending this agreement

This agreement continues until it ends under this section. It ends automatically if you breach it and do not fix the breach within 30 days of our telling you about it, and immediately for a breach of section 8, 10(c), 10(d) or 10(e), or under section 12. When it ends, you must stop using the Software and remove it, and we may revoke the license and suspend the Services for it. Sections 5 (third and fourth paragraphs), 8, 13, 14, 16 and 17 survive.

16. Export

You must comply with all export control and sanctions laws that apply to you and to the Software, including those of the United States, and must not use or transfer the Software in breach of them.

17. Governing law and disputes

This agreement is governed by the laws of the State of New York, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The state and federal courts located in New York County, New York, have exclusive jurisdiction over any dispute arising from this agreement, and both parties consent to their jurisdiction. This does not take away any mandatory consumer protection that the law of your own country gives you.

18. General

This agreement is the entire agreement between you and us about the Software and the Services and replaces any earlier understanding. If any part of it is found unenforceable, the rest continues to apply. A failure to enforce any part is not a waiver. You may not assign this agreement except as section 11 allows.

Contact: Steve Victor Faleiro, support@marketingemailer.com