Terms of Service
These terms are an agreement between you and Active Lead Expert, owned by Fazley Rabbi, covering your use of the FAZLEY service at fazley.online.
The short version: send email people are willing to receive, honour every unsubscribe, do not upload lists you had no right to collect, and the service stays yours to use. The full version follows, and it is the one that counts.
Contents
- Agreement to these terms
- What the service does
- Accounts and eligibility
- Acceptable use
- Your obligations when sending email
- Your content and your recipients
- Google accounts and third-party services
- Plans, payment and refunds
- Limits and fair use
- Availability and support
- Intellectual property
- Disclaimer of warranties
- Limitation of liability
- Indemnity
- Suspension and termination
- Governing law
- Changes to these terms
- Contact
1. Agreement to these terms
By creating an account, connecting a mailbox or otherwise using FAZLEY, you agree to these terms and to our Privacy Policy. If you are agreeing on behalf of a company or other organisation, you confirm you have authority to bind it, and "you" means that organisation.
If you do not agree, do not use the service.
2. What the service does
FAZLEY is a self-serve tool for sending email marketing and outreach campaigns from mailboxes you already own and control. It sends through your connected Google or SMTP mailboxes, paces sending to protect your reputation, runs follow-up sequences that stop when somebody replies, detects and classifies replies, and reports opens, clicks, replies, bounces and unsubscribes.
FAZLEY does not provide the mailboxes and is not an email service provider. Delivery depends on the mailbox and provider you connect, on the receiving server, and on the reputation of your own sending domain.
3. Accounts and eligibility
- You must be at least 18 years old and capable of entering a binding contract.
- You are responsible for everything done through your account, including by anybody you give access to.
- Keep your password and API keys confidential. An API key grants full access to push leads into your campaigns; treat it as a password. Tell us promptly if you believe one has been exposed, and revoke it in Settings.
- Give accurate account information and keep it current.
4. Acceptable use
You must not use FAZLEY to:
- send unsolicited bulk email to addresses you obtained without a lawful basis, including purchased, rented, scraped or harvested lists;
- send content that is unlawful, fraudulent, deceptive, defamatory, harassing, hateful or obscene;
- impersonate any person or organisation, or use a from address, reply-to address or domain you do not control;
- send phishing, malware, ransomware or anything designed to obtain credentials or payment by deception;
- promote pyramid schemes, illegal products or services, or anything prohibited in the recipient's jurisdiction;
- evade unsubscribes, suppression lists or blocks, including by re-uploading a removed address under another account;
- attempt to breach, probe or overload the service, circumvent plan limits, or access another account's data;
- resell or white-label the service without our written agreement.
These are not negotiable. Sending abuse damages the deliverability of every other customer on the platform, which is why we act on it quickly.
5. Your obligations when sending email
You are the sender. You are solely responsible for complying with every law that applies to your messages and your recipients, including the CAN-SPAM Act, the GDPR and UK GDPR, PECR, CASL, and any local equivalents.
In particular you agree that:
- you have a lawful basis to contact each recipient, and can demonstrate it if challenged;
- your messages identify you honestly, with accurate headers and a genuine subject line;
- your messages include a working unsubscribe mechanism and a valid postal or business identity where the law requires one;
- you act on unsubscribe requests promptly, and never contact somebody who has opted out;
- you keep your bounce and complaint rates within the norms of your mailbox provider.
FAZLEY provides one-click unsubscribe links, the List-Unsubscribe header, an
account-wide suppression list and a domain blocklist. We provide the tools; using them correctly
is your responsibility.
6. Your content and your recipients
You keep all rights to your campaigns, contacts and uploaded files. You grant us only the licence needed to host, process and transmit that content so the service can do what you asked of it.
Where you upload contact data, you are the data controller and we act as your processor, as described in the Privacy Policy. You confirm you have the right to give us that data and to have us contact those people on your behalf.
7. Google accounts and third-party services
If you connect a Google mailbox, your use of that mailbox remains subject to Google's own terms. FAZLEY's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. See the Limited Use section of our Privacy Policy for the full disclosure.
You may revoke FAZLEY's access to your Google account at any time at myaccount.google.com/permissions. Doing so immediately stops sending and reply detection for that mailbox.
The service also depends on providers we do not control, including your own SMTP and IMAP hosts and our hosting provider. We are not responsible for their acts, outages or decisions.
8. Plans, payment and refunds
- Paid plans are billed in advance for the period shown when you request the plan. Prices are in US dollars.
- Payment is currently made by bank transfer or another method shown inside the application. Your plan is activated once we have confirmed the payment.
- A plan runs for the period purchased. When it expires, the account falls back to the free tier rather than being deleted, and your data remains available subject to the free tier's limits.
- Fees already paid are non-refundable except where the law requires otherwise, or where we have failed to provide the service and cannot put it right.
- We may change prices. Existing paid periods are honoured at the price you paid; changes apply from your next renewal, and we will tell you before then.
9. Limits and fair use
Each plan carries limits on mailboxes, monthly sending volume, contacts, verification credits and feature access. Those limits are enforced by the service. Per-mailbox daily caps and delays between sends exist to protect sending reputation and are not a limit we will lift on request.
We may apply reasonable rate limits to the API and other endpoints to keep the service stable for everybody.
10. Availability and support
We work to keep FAZLEY available and running, but we do not offer a guaranteed uptime commitment. Maintenance, provider outages and factors outside our control can interrupt the service. Scheduled sending resumes when the service does.
Support is provided by email at info@fazley.org.
11. Intellectual property
FAZLEY, its software, design, documentation and the Active Lead Expert and FAZLEY names and marks belong to Active Lead Expert. These terms grant you a limited, non-exclusive, non-transferable right to use the service. They do not transfer any ownership to you.
You may not copy, decompile, reverse engineer or create derivative works from the service, except to the extent that restriction is prohibited by law.
12. Disclaimer of warranties
The service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
We specifically do not warrant that your messages will reach the inbox, that they will not be marked as spam, or that any particular open, reply or conversion rate will be achieved. Deliverability depends on your list, your content, your domain reputation and the receiving provider, all of which are outside our control.
13. Limitation of liability
To the fullest extent permitted by law, Active Lead Expert and Fazley Rabbi will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or damage to sending reputation or domain reputation, arising from or relating to your use of the service.
Our total aggregate liability for all claims relating to the service will not exceed the amount you paid us in the three months immediately before the event giving rise to the claim, or one hundred US dollars if you have paid us nothing.
Nothing in these terms excludes liability that cannot lawfully be excluded.
14. Indemnity
You agree to indemnify and hold harmless Active Lead Expert and Fazley Rabbi from any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising from the content you send, the lists you upload, your breach of these terms, or your breach of any law applying to your messages or recipients.
15. Suspension and termination
You may stop using the service and ask us to close your account at any time by emailing info@fazley.org. Deletion is described in section 12 of the Privacy Policy.
We may suspend or terminate an account, with notice where practical and immediately where necessary, if it breaches these terms, generates spam complaints or bounce rates that put the platform at risk, is used unlawfully, or has fees outstanding.
On termination, your right to use the service ends. Sections covering your content, disclaimers, liability, indemnity and governing law survive.
16. Governing law
These terms are governed by the laws of the People's Republic of Bangladesh, and the courts of Dhaka, Bangladesh have exclusive jurisdiction over any dispute, without regard to conflict of law rules. If you are a consumer, this does not deprive you of the protection of mandatory laws in your country of residence.
17. Changes to these terms
We may update these terms. The date at the top of this page shows when they last changed, and we will notify account holders by email before a material change takes effect. Continuing to use the service after a change means you accept the updated terms.
18. Contact
| info@fazley.org | |
| Service | FAZLEY, fazley.online |
| Operated by | Active Lead Expert, www.activeleadexpert.com |
| Owner | Fazley Rabbi, www.fazley.bd |