The terms and conditions in this agreement will govern your access to the Zulu Labs Proprietary software, hereafter named Zulu eDM.
Zulu eDM is a collection of proprietary software applications (Apps) based upon a proprietary database schema for the purpose of multi-channel messaging, email distribution and campaign management.
– The Apps currently include:
– Zulu eDM Campaign Management Software https://zuluedm.com
– Zulu eDM SMTP Email Gateway
– Trusted Sender https://zuluedm.com/trusted-sender/1.0
– Email Sender Check http://emailsendercheck.com
– Zulu eDM Channel Analytics https://zuluedm.com/meaningful-google-analytics
– Zulu eDM Franchise Management Software https://zuluedm.com/franchise-performer
Please read the following terms of service carefully. They shall govern your use of Zulu eDM web application, associated applications, services and website. If, after reading these terms of service, you wish to use the web application, services and website, please indicate your acceptance of these terms by clicking “Accept”.
If at any point you do not agree with the terms of service stated herein you must immediately discontinue your use of and access to the web application, services and website.
Zulu Labs grants to the User a non-exclusive right during the term of this agreement to use the services pursuant to the terms and conditions set out herein. At all times, the ownership rights remain with Zulu Labs or its third party suppliers, as the case may be.
Zulu eDM Services
Zulu eDM provides data and file storage relating to campaign management and support to the Users.
Users can and are not limited to:
• Connecting Zulu eDM to third party applications (that on occasion may have rules and pricing governed by this agreement) .
• Uploading and segmenting a database of subscribers.
• Creating marketing segments and database fields.
• Creating email marketing templates.
• Creating SMS marketing templates.
• Creating content templates for use on the web.
• Sending and receiving SMS campaigns.
• Send email marketing campaigns.
• Generating campaign and summary analytics.
• Sending email not generated using Zulu eDM via our Email Gateways.
• Generating analytics from third party sources.
• Marketing Automation tasks.
• Collecting data using web forms.
Our eDM Platform Services are available only to corporations and other organizations capable of legally binding contracts under applicable law. If you do not meet the criteria, please do not attempt to use the Services. If applying remotely, the User acknowledges providing true accurate, current information about himself / herself as requested by the sign up registration or billing process.
Zulu eDM may refuse to offer the Services to any person and may change the criteria for eligibility, at any time, and is subject to its sole discretion. Zulu eDM holds the right to terminate your account without refund and your rights to use the services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate and not current or is incomplete.
Description of Services
You understand and agree that the service is provided “AS-IS” and that Zulu eDM assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
In addition, you must provide and are responsible for all the equipment necessary to access the service.
In these terms and conditions, the expressions we, us and our, are a reference to Zulu eDM.
Zulu Labs This refers to the company that develops and owns the Intellectual Property of Zulu eDM.
Web Application: This refers to Zulu eDM software products, web applications and any messaging gateways provided.
Website: The Zulu eDM website :-
Support / Ticketing System The support application website: – http://support.zululabs.com
Services: Use of the web application or any other products or support as offered by Zulu eDM.
Users: Partners, Partner’s clients or Members of Zulu eDM.
Terms of Service
You agree to be bound by and become a party to all the terms of this Agreement by using the web application or other offered services. If you do not agree to the terms of this Agreement, do not use the web application or services in any manner whatsoever.
a. The web application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
b. The web application may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
c. You agree that you are solely responsible for the content of all visual, written or audible communications used or sent by you.
d. You agree that you will not use the web application to send unsolicited mass mailings.
e. You further agree not to use the web application to communicate any message or material that is harassing, libellous, threatening, obscene, or indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Zulu eDM is not responsible for any such communications, Zulu eDM may delete any such content of which Zulu eDM becomes aware, at any time without notice.
f. You have permission from the subscribers and contacts being uploaded into our system via API, file upload or sync / import technology expressly to give Zulu Labs and our employees and contracted employees reasonable access to the personal data as to achieve support and billing requirements.
Member Service means the Zulu eDM online member service, including but not limited to the proprietary or administration software provided by us to any Partner, Licensee or Member, or any rights of access to our web site and its products.
Use and Delivery of Services
Use and delivery of the web application or services is subject to the condition that will not be used for any activity that breaches the terms as listed in this document.
If you breach this clause, Zulu eDM shall have the right to suspend or terminate the web application or services immediately without notice. You shall keep Zulu eDM fully indemnified from and against all costs, claims, liabilities, and demands, relating to any breach of this clause.
Usernames and Passwords
You are responsible for maintaining the confidentiality of Usernames and Passwords.
Passwords must be between 8-16 characters, include at least 1 number, 1 capital letter
and must not contain your username.
You agree to immediately notify Zulu eDM of any unauthorised use of your account of which you become aware. Otherwise, all guarantees as to the web application performance given by Zulu eDM to you shall be suspended.
FREE Accounts and FREE Apps or Services
Zulu eDM reserves the right to enforce the placement of advertising in nominated sections of each campaign sent using Zulu eDM. This includes SMS, email any other service.
The member must ensure industry information is accurate as Zulu eDM will try to ensure non-compete advertising however takes no responsibility for possible conflicting advertisements.
Your FREE account may be shut down due to the following reasons:
– In activity
– Incomplete My Task Activities
– Unsegmented subscriber databases (lends to e-Blasting)
FREE accounts come with upload restrictions and sending limits to deter criminals from being encouraged compromise member accounts. These can be lifted by upgrading or under special circumstances.
Illegal and Unsavoury Activity
If the member is found to be using Zulu eDM to transmit or store:
– Commercial SPAM (unsolicited messages)
– SPOOF or PHISING messages
– Pornography or material deemed to be illegal
– Religious messages designed to support inhumane activities,
– terrorism or violence; or
– Any other unsavoury activities.
Zulu eDM will cancel the account immediately and refer the matter to the relevant authorities in relevant jurisdictions.
The web application is backed up once every 24 hours. The user may request a back-up to be reinstated through the Support Desk. Fees will be chargeable for this service.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site or within the member’s services area. Your continued use of the web site and members services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Grant of License
Zulu eDM grants to the member a non-exclusive right during the term of this agreement to use the Member Services pursuant to the terms and conditions set out herein. Your use of the Member Services confers no title or ownership in the Member Services. All ownership rights remain in Zulu eDM.
In order to be able to access the information offered in the Member Services area, you must become a member. To become a member, you must complete your registration details in the manner described on the web site.
We reserve the right to terminate your membership at any time if you breach these terms and conditions.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
You agree not to use our products or services for any unlawful purpose (whether known or not) or in any manner which may infringe or violate any third parties rights.
You further agree that you will not use our service to transmit or upload any harmful files or unsolicited e-mail addresses. You further agree that you will not use our service to transmit any unsolicited messages.
In the event that you, any one logged into your account, or in the case of a Partner, any member within your account, causes any IP address owned or managed by Zulu eDM and/or Zulu eDM to be listed on any blacklist e.g. SORBS, you irrevocably agree to pay $250 per IP address listed and all fees associated with its removal.
You agree to use our services in an acceptable manner where your use is concurrent with the expected usage of our member services. You further agree not to upload files for distribution via other electronic means or any other usage that may be considered unfair, deceptive or illegal or which contains prohibited or potentially prohibited content which is (or would be) classified RC or X by the Classifications Board or classified R by the ABA and which must comply with any other applicable law.
You agree that you are solely responsible for complying with any law (whether in existence now or in the future) which may apply to you or us, which is in any way is connected with the use, or otherwise, of our products or services.
Upon registration, you will be provided with a password and account designation. You must not disclose any user ID, password or other log in information to any person.
Fees & Pricing
You agree to pay for our services in the manner specified on the web site or any other document that specifies pricing. Zulu eDM reserves the right to adjust any pricing for any of its products and services. Zulu eDM will inform members of such adjustments at which time the member has the option to terminate their membership as described under ‘Termination of Access’ within these Terms and Conditions.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products offered by us may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
Refunds & Billing Policy
All Zulu eDM invoices are paid by the customer one month in advance with any excess usage charges invoiced on the first of the following month. If you have been billed incorrectly or have a payment dispute please call lodge a ticket using our Support Desk, call us or email your account manager.
We aim to have all disputes and refunds processed within 30 business days. Accounts that are unpaid past the final notice will be refused access and the data retained to monetize for any losses incurred. No privacy breaches will occur nor any illegal data transfer.
Anti-SPOOF and Phishing
We take protecting our email domains very seriously. Please refer to our published Ant—SPOOF and Phishing policy for exact details on email domains we use and how we use them. We take no responsibility if you have suffered loss due to a scam, your account has been compromised due to a Phishing email asking you to update your details or any other related incident.
Violations of system or network security are prohibited, and may result in criminal and civil liability. Zulu eDM will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.
You have no right and will not, nor will you authorize or assist others to:
a. produce, manufacture, distribute or copy all or any portion of the web application, except as expressly allowed in this Agreement,
b. disassemble, reverse engineer or decompile all or any portion of the web application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation,
c. modify, translate, adapt or alter all or any portion of the web application to create derivative works,
d. make use of “framing” or other means of redirecting content,
e. license, sublicense, assign, transfer, rent, lease, sell, encumber or otherwise transfer title or any other rights in all or any portion of the web application.
You will indemnify Zulu eDM against any loss related to your failure to conform to the requirements of this section.
The web application contains proprietary Content and/or Software of Zulu eDM that is protected by copyright and other laws respecting proprietary rights. The web application also may contain similarly protected licensed proprietary material of other Licensors.
You may not use the web application except as expressly permitted under this License Agreement and as provided for under Australian copyright laws. All images, text, programs, and other materials found on the website are protected by Australian and international copyright laws and other laws. Any use – without the express written consent of Zulu eDM – of the images, text, programs, or other materials found on the web site is strictly prohibited.
You acknowledge that you retain ownership of your database information. You acknowledge such rights do not extend to any resources, program code, technical knowledge, or any intellectual property provided by Zulu eDM in the creation or hosting, of the web application.
Zulu eDM and its suppliers, as applicable, retain ownership of all proprietary rights, notices and marks in, or displayed by, the web application.
You will not remove, deface or obscure any of Zulu eDM or its suppliers’ copyright or trademark notices or legends or other proprietary notices on or in the web application.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in whole or part the web application, the website, or materials contained therein.
No part of the web application may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Zulu eDM.
Any use not authorized by this Agreement is prohibited under Australian and International copyright law, and is subject to severe civil as well as criminal penalties.
Zulu eDM allows users to comply with all known SPAM laws such as and not exclusive to:
– Canadain Anti-Spam Legislation
– The US CAN SPAM legislation
– Australian SPAM ACT 2003
Zulu eDM was built to comply with the Australian SPAM Act 2003 which in our view is one of the more stringent SPAM laws in the World. Recent changes to the Canadian SPAM legislation in 2014 has aligned Australia and Canada in term of consent.
We automatically insert an unsubscribe link in every email campaign sent from our system. Users are not permitted and are unable to remove the unsubscribe link.
In our email headers we alert mail servers to the unsubscribe link allowing mail system such as Google to promote the unsubscribe option. Our view is simple, if you are sending relevant content to your subscribers then there is no reason for your recipients to unsubscribe.
For SMS campaigns a mandatory unsubscribe function must be entered by our users so subscribers may simply reply to the SMS campaign to unsubscribe.
Our email templates provide prompts for users for the name and physical address of the sender so that sender can be easily identified by mail servers and recipients alike.
Zulu eDM views consent from two perspectives which are organizations that are :
– Marketing to consumers (B2C).
– Marketing to other businesses (B2B).
Marketing to consumers (B2C)
Marketing to consumers (B2C) has the most well recognized laws. Explicit consent must be obtained by the organization no matter what. We hold that view across all borders.
Your subscribers must have given you permission to send any electronic message. Permission must be obtained through one of the following:
An online subscription form with records to match the subscription.
Our preference is that you have a double opt-in mechanism that avoids misleading conduct. Our software provides this function.
An offline form where a user filled in their details.
Existing clients that have been stored in another system and have not been communicated for 12 months or less. A transaction record is necessary for proof that the customer was pre-existing and gave permission.
We do not accept email only subscription, you must include first name, last name and other data that give the subscriber choice as to the information they are subscribing to. If you are marketing to consumers (B2C) you may never purchase a list and use that list with our software.
Marketing to other businesses (B2B)
The only variance in parameters for B2B marketers from the information provided for B2C marketing is that use our service allows in certain circumstances for inferred consent however the user must have pre-approval from our support team to do so. If an organization or ‘subscriber’ invites contact by publishing their organizational / business email then inferred consent is reached.
That means the email domain is a commercial, government or non-profit organization and not a web mail service provider domain. Personal email addresses are supplied by well know email services such as Yahoo, AOL, Gmail etc. (see indicative list here)
Australian law is not clear when it comes to a corporate or business email addresses. For example firstname.lastname@example.org published on a directory by a small business owner constitutes an invitation to contact that person. US law is far less stringent. We do not permit sending inferred consent email to any web mail domain.
Our policy is this: No user of our software my scrape or use inferred consent for any domain that is not a the types listed above domain. We make no exceptions.
Abuse & Resolution
We monitor every campaign and account set-up. We have a well published video tutorial on how to keep Zulu eDM free. If users follow those steps they can never be described as indiscriminate eBlasters. Unfortunately some subscriber lists may have been over looked and cause a SPAM issues and so we need to investigate all abuse reports.
We embed every email campaign sent from our servers with a Client ID and a Campaign ID, so recipients can easily report abuse to Zulu eDM and their mail providers. When we receive complaints through our abuse form, we investigate immediately. If the campaign or user account appears suspicious in any way, we’ll suspend the account during the investigation.
Our software is designed to ensure email authentication and feed back from campaigns is immediate. We are registered with feedback loops and some government authorities so that we are alerted when our users’ recipients report abuse.
If the abuse (SPAM) reports exceed a certain threshold, we send a warning to the account holder and work together to educate and prevent SPAM being sent in future. If the warnings exceed a reasonable threshold, we may suspend or terminate the user’s account pending an investigation.
A reasonable threshold for abuse complaints is 0.1 percent (1 out of every 1,000 recipients to a specific domain).
How we handle e-mails.
We will preserve the content of any e-mail you send to us if we believe we have the legal requirement to do so. We do not store emails that are sent by you. We store the email logs, reports and templates with content until you terminate your account or delete the information from the system. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. Please refer to our Privacy and Security Statement for further security information.
You understand and agree that the web application and services are provided “as is”. Zulu eDM makes no warranty or representation regarding the results that may be obtained from the use of the web application or services.
Use of the web application or services, including downloads is at your sole risk.
Zulu eDM makes no representations or warranties concerning any websites outside of Zulu eDM control that may be accessible from the web site (either by link, frame, or any other means (“Linked Site”).
Any link, frame, or any other means to access any linked site provided by Zulu eDM or otherwise appearing on the web site does not constitute Zulu eDM endorsement, recommendation, or acceptance of any responsibility for the content or operators of that linked site.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Zulu eDM or its owners, affiliates, suppliers and resellers be liable for any incidental, consequential, special, exemplary or indirect damages, lost business profits, business interruption, or loss, damage or destruction of data, or any other pecuniary loss or damage arising out of the use of or inability to use the web application or services or the provision of or failure to provide technical or other support services, or any other legal theory, regardless of the form of action, whether in contract, tort (including negligence), breach of warranty or otherwise, even if Zulu eDM, its affiliates, owners, suppliers or resellers have been advised as to the possibility of such damages.
While Zulu eDM and its licensors attempt to include accurate and complete content and error-free web applications, occasional errors or omissions may occur. Upon notice, Zulu eDM will make reasonable efforts to correct these errors or omissions, but it is not obligated to do so.
Disclaimer of Professional Advice
Zulu eDM does not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the web site. Such information does not constitute legal advice or recommendations under any circumstance. Your use of information on the web site or materials linked to the web site is entirely at your own risk.
If you or any user in your organization requires legal advice or other professional assistance, users are urged to consult legal or other professional advisors.
Zulu eDM shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, earthquake, war, strike, embargo, government requirement, civil or military authority, act of God, Internet traffic congestion, or other similar causes beyond its control and without the fault or negligence of Zulu eDM or its affiliates.
You will not assign or transfer any part or all of this Agreement or any of your rights or obligations hereunder without the prior written consent of Zulu eDM.
Zulu eDM may change the terms of this Agreement at any time by posting modified terms on its website.
Account Hold or Suspension
You may request your account to be suspended for a specific period of time. We require the request in writing and you will be charged an account holding fee of $5.00 (Inc GST) per month for us to keep all of your data within your system. A minimum charge of 6 months ($30.00 ex GST) applies.
Termination of Access
You may request your account to be terminated at any time. The facility to do so is available within each Zulu eDM account. If for some reason this facility is not available you are required to contact Zulu eDM in writing to request the termination.
It is your responsibility to ensure any outstanding payments are paid in full or Zulu eDM has the right to initiate legal action to ensure any outstanding monies are paid.
It is your responsibility to retrieve your data before the account is terminated. Any loss of data after this time is no longer the responsibility of Zulu eDM. If termination is requested and outstanding fees are unpaid before the 1st day of the following month then the account will incur another monthly fee.