Free Trial

No credit card required
Zero Risk!





Online Customer Service

A Must Read Guide to Get Started


BrainSource

home > Terms & Conditions

Terms & Conditions

EmailBrain, provides businesses and web site operators a software application to create, launch, and manage online email campaigns and newsletters.  The Service must not be used for the sending of unsolicited email (sometimes called "spam").

See our Anti-Spam Policy. By clicking the 'I accept these terms and conditions' button and purchasing a subscription to, you accept these Terms and Conditions:

Services and Support:

  1. All Services provided by EmailBrain are subject without limitation to this Agreement. The services are also subject to EmailBrain’s Privacy Policy and EmailBrain’s Anti-Spam Policy. Emailbrain Inc. may modify the terms of the Agreement and may discontinue, or revise any or all other aspects of the Services at its sole discretion. Updated versions of this Agreement on the Services will be posted on the Terms & Conditions page on EmailBrain.com. All changes become effective upon the posting of the revised Agreement on the Services.
  2. The Services are available only to individuals who can form legally binding contracts.
  3. You must complete the registration form on the Sign Up page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. You are responsible for maintaining the security of your account, passwords, and files and for all uses of your account and of the Services in your name. Emailbrain Inc. reserves the right to refuse registration, or cancel accounts if it deems inappropriate.

Fees:

  1. The Services will be subject to monthly, bi-annual, or annual subscription fees. Once you have completed your free trial period, your access to will be suspended unless you take a subscription. You will be notified via email of the termination of your free trial period, your access to your account will be suspended, in advance, a monthly, bi-annual, or annual subscription.
  2. Monthly, bi-annual, or annual subscriptions are billed monthly, bi-annually, or annually, in advance, according to the Fee Schedule selected by you at sign up. Monthly, bi-annual, and annual send credits expire at the end of each period, but extra send credits do not. The Fee Schedule, including subscriber levels and prices, are subject to change at any time.
  3. Payment of your EmailBrain Subscription will be made by a valid credit card accepted by Emailbrain Inc. using the Linkpoint transaction system. You hereby authorize Emailbrain Inc. to charge your credit card for such amounts on a regular basis, generally on the renewal date of your Subscription to EmailBrain. Fees are payable in US dollars. If Emailbrain Inc., for any reason is unable to effect automatic payment via your credit card, you will be notified via email and your EmailBrain account will be disabled until payment is received.
  4. Refunds - Given at least 5 working days notice in writing, Emailbrain Inc. may offer a refund, at their discretion.
  5. EmailBrain staff will charge $25 per every 30 minutes for any walk-through process over the phone or live chat that is explained in any of our help sections including Manuals, Q.A., Tutorials and others.

Restrictions and Responsibilities:

  1. This is an Agreement for Services. You are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
  2. If you are using the Services in any country in the US, or the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
  3. You acknowledge and agree that EmailBrain and the Emailbrain Inc. company names and logos and all related product and service names, design marks and slogans, are the property of Emailbrain Inc. or its affiliates or suppliers. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Emailbrain Inc. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks.
  4. You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement, the US CAN-SPAM Act and the European Privacy Directive and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Emailbrain Inc. against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of EmailBrain. Although Emailbrain Inc. has no obligation to monitor the content provided by you or your use of the Services, Emailbrain Inc., may do so and may remove any such content or prohibit any use of EmailBrain, if it believes it is(or is alleged to be) in violation of the foregoing.
  5. Every email message sent via EmailBrain must contain an "unsubscribe" link that allows visitors to remove themselves from your mailing list. You agree that you will not remove, disable or attempt to remove or disable either link. Emailbrain Inc. may immediately disable your access to EmailBrain if you violate this restriction.
  6. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates the United States federal or state law, the European Community, or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libellous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
  7. For every email message sent in connection with the Services, you acknowledge and agree that the Services may automatically add an identifying footer stating "Powered by EmailBrain". You agree to cooperate with and provide reasonable assistance to Emailbrain Inc. in promoting and advertising EmailBrain.
  8. EmailBrain and Emailbrain Inc. will not share information you may upload (such as email addresses, name, contact information, or other registration information) to EmailBrain. Emailbrain Inc., may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Reseller or Franchise of EmailBrain, EmailBrain may share your information with the Reseller or Franchise.
  9. Emailbrain Inc. will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. EmailBrain will not use your customer information for the purpose of sending unsolicited commercial email.
  10. You will adopt and maintain the Email Privacy Policy and the Anti-Spam Policy, which may be modified by Emailbrain Inc. from time to time.
  11. Emailbrain requires all new accounts to be reviewed by the Emailbrain staff in order to verify that no spam and/or illegal contents will be sent through our network. A hold limit for sending may be placed in the account until the reviewing process is completed.

Termination:

  1. If your account is terminated due to Spam Complaints and/or fraud, amounts previously charged will not be refunded under any cirscumstances.
  2. You may terminate this Agreement at any time by sending an email message to support@emailbrain.com.
  3. Emailbrain Inc. may immediately terminate this Agreement, and suspend access to EmailBrain without refund if you are in violation of any of terms outlined in Section 2. Restrictions and Responsibilities.
  4. Emailbrain Inc. will delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

Warranty Disclaimer Remedies:

  1. USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. EMAILBRAIN INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND EMAILBRAIN INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or non-performance of the Services shall be for Emailbrain Inc. to use commercially reasonable efforts to adjust or repair the Services.

Limitation of Liability:

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EMAILBRAIN INC. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "EMAILBRAIN INC.") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF EMAILBRAIN INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, EMAILBRAIN IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, THE LIABILITY OF EMAILBRAIN INC.  TO YOU, WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous:

  • If any provision of the Agreement is found to be unenforceable or invalid, that will not prejudice or effect all other terms of this Agreement from remaining in full force and effect.
  • This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement. Any waivers and modifications must be in a writing a signed by both parties. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  • No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Emailbrain Inc. in any respect.
  • In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
  • The Agreement shall be governed by the laws of Miami, FL, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Miami, FL.
  • EmailBrain is a trade name of Emailbrain Inc., a Delaware Corporation.