Terms & Conditions

Read this information carefully

These Terms of Use refer to the terms and conditions under which Doppler may be used and how we will treat your account. Please, read them carefully to use Doppler or when you`re signing up with an account, you will be accepting them. Doppler is a tool that allows you to create, send and analyze actions of email marketing, email automation and also transactional email to individuals (or "Service"). It`s offered through https://www.fromdoppler.com/en/, https://app.fromdoppler.com/, https://blog.fromdoppler.com/, https://help.fromdoppler.com/en/, https://dopplerrelay.com/en/, https://help.dopplerrelay.com/en/, https://blog.dopplerrelay.com/, https://app.dopplerrelay.com, https://academy.fromdoppler.com/ and https://www.goemms.com (hereinafter "Websites" or "Website"). Doppler is owned and operated by Doppler LLC, domiciled at 6860 North Dallas Parkway, Suite 200, Plano, TX 75024, United States ("Doppler" or "us").

Account

Essential conditions. As a customer of the Service or representative of an entity that is a customer of the Service, you become a "User" according to this agreement.
To use Doppler you must: a) be at least eighteen (18) years of age and legally able to enter into contracts, b) complete the registration process, c) accept these Terms of Use, and d) provide true, complete contact information and updated.
By using Doppler you declare and guarantee that you comply with all the requirements listed above, and that you will not use it in a way that violates the laws or regulations.

Terms of agreement. The term begins when you register on Doppler and continues while you use the Service. If you register on Doppler on behalf of a company or other entity, you represent and guarantee that you have the legal representation to accept these Terms on their behalf.

Changes in the terms. We can change any of the terms by publishing the new texts on our Website and sending a notification email to the last address you have provided. Unless you close your account within ten (10) days, the new Terms will take effect immediately and will apply to any continued or new use of Doppler. We can change the website, the service, close accounts of any user and change the eligibility requirements at any time.

Account & password. You are responsible for maintaining the confidentiality of your username and password and for any use made to your account. That is why you should notify us immediately about any unauthorized use. We are not responsible for any loss in case your password has been stolen or hacked. Doppler does not have access to your current password and we can only reset it for security reasons.

Dispute on the account. As Doppler does not know the internal functioning of your organization or the nature of your personal relationships, we do not arbitrate disputes about who is the legitimate holder of an account. Therefore you must resolve any dispute related to your account directly with the other party.

Closing of the account. You can terminate this agreement at any time and for any reason, by giving notice to Doppler. Likewise, Doppler may suspend your Service at any time, with or without cause. If we cancel your account without justified grounds, we will reimburse you a prorated part of your monthly prepayment or refund the unused credits by email. There will be no refund if there is a reason of just cause, such as a violation of our Terms.
Once the relationship ends, we may permanently delete your account and all data associated with it, including your emails from our Website.
If you don't log in to your account for one hundred and eighty (180) days, we can consider it inactive and delete it permanently and definitely along with all the data associated with it.

Plans & Payments

Plans. Doppler offers four ways to subscribe:

a. Free trial through 90 days to send Campaigns to 500 Contacts, with no sending limit.

b. Premium Plans by Credits, for those who send campaigns sporadically. The user can buy the credits needed for each occasion. They don't expire and are cumulative.

c. Premium Plans by Contacts, for those who make regular deliveries or a Newsletter every month. These plans are based on the number of contacts that the user has, without limit of shipments. Costs are published on the website and can be modified occasionally. The plans are renewed on the 1st day of every month.

d. Premium Plan by Email, for those who send large amounts of emails per month. In case of exceeding the amount you will be charged for each email sent regardless of the number of contacts.

e. Plans with Additional services, for users with specific needs that are not included in Premium Plans.

Billing. Doppler LLC will be responsible for billing any payment made by credit card or transfer from anywhere in the world, except in Argentina and Mexico where local billing will be made through BISIDE C.S. S.A. and/or BMM Bis Marketing México S.A. of Variable Capital, respectively. In case of hiring the Services through agencies and/or representatives, they will be invoiced by said persons.
While you are a user or have an outstanding balance with us, you will provide us with valid credit card information and authorize us to deduct the monthly charges from that card. If you use a credit card on the Website you declare and guarantee that all charges can be billed to that card and will not be rejected. If we can´t process the order of your credit card, we will try to notify you of what happened by email and, eventually, suspend and/or cancel your account in case you have not paid the invoice after fifteen (15) days of being issued.

Reimbursements. In the event that Doppler fails to provide the Services for any reason not set forth in these Terms, we will only refund your money for a prepaid month and will not reimburse you for any other situation.

Rights & Policies

Intellectual property rights (IPR) of Doppler. You agree to respect our Intellectual Property Rights on the website and the software used provided by Doppler, including trademarks, trade secrets and copyrights, among others.

Intellectual property rights (IPR) of the user. You declare and guarantee that you own the property or have the permission to use all the material that you upload in your emails or in the Service contracted. Doppler may use or disclose your materials only as described in these Terms of Use and in our Privacy Policy.

Complaint policy for copyright and trademarks. If you believe that the content that belongs to you is being used without your permission through our Services or Website, you can send us a notice of the alleged infringement to: Making Sense LLC, 6860 North Dallas Parkway, Suite 200, Plano, TX 75024, U.S., email [email protected].
We may resend your notice, including your contact information, to the user who posted the content in question. If you are not sure about the infringement, we suggest that you contact a legal advisor before notifying us. Likewise, we suggest that before you send us a notice, you communicate with the person or organization that published or used the content to try to solve the problem directly. When reporting a claim of copyright infringement, make sure it includes: a) the name, address, telephone number and email address of the copyright holder, b) description of the protected work being infringed and its content, c) identification of where the allegedly infringing content is located on our website, d) a statement that you believe in good faith that the use is not authorized and that you are the holder or authorized to act on their behalf, and e) electronic or physical signature of the holder or someone authorized to act on their behalf.
When reporting a claim of trademark infringement, make sure it includes the following: a) the name, address, phone number and email address of the trademark owner, b) identification of the trademark, trademark registration number, the country where it's registered , the category of products or services and a link to the certification of registry, c) identification of where the allegedly infringing content is located on our website, d) a statement that you believe in good faith that the use is not authorized and that you are the owner or are authorized to act on their behalf, e) electronic or physical signature of the owner or someone authorized to act on their behalf.

Privacy Policy Doppler is strongly committed to your privacy and has updated its Privacy Policy to address the new European data protection requirements and to comply with the General Data Protection Regulation (GDPR) (EU) 2016/679 of the European Parliament and the Council of April 27, 2016. For more information, please see Doppler´s Privacy Policy. Any personal information collected on this Website can be accessed and stored globally and will be treated in accordance with the Privacy Policy. For this reason, you understand that Doppler collects, uses, processes, have and stores your information and personal data and may share them with third-party service providers in order to improve or provide their services. To know all the details related to your privacy, please see our policy.

Acceptable use policy. The actions you can take can have a great impact on Doppler, our Website and our Services. That is why all Doppler users must follow this Acceptable Use Policy when using Doppler and any other Service offered. If you violate this Policy, we may suspend or cancel your account.
For this reason, and in order to maintain the positive reputation of Doppler, the following activities are prohibited: a) sending or promoting offensive, illegal, harassing or discriminating content, b) offering illegal goods or services, c) sending pornography or sexual content, d) sending emails that violate CAN-SPAM laws, e) offering escort and dating services, pharmaceutical products, gambling, services for debtors, offer followers or likes for social networks, etc., f) sending material that violates copyrights or trademarks, g) using names, addresses, emails or other misleading or incorrect information, h) sharing your password, i) deciphering, decompiling or reverse engineering any of Doppler's software, j) using any software on our Website to create a competing product, k) using an unsubscribe process when sending bulk content to a hosted list in Doppler, l) setting up multiple accounts for any person or entity in order to send similar content, unless it is part of a franchise or agency, ll) importing or incorporating information related to social security numbers, passwords, security credentials or confidential personal information to any list, email or our servers, or) sending or resending private personal emails, p) hosting images or content on our servers for any purpose other than the use in their email campaigns, q) deleting, cancelling the subscription, or modifying your list to avoid our billing, h) sending mass emails addressed to a number of people with the same content.
We also discovered that certain content can cause abuse rates that are higher than average. In general, bounce rates should be less than 5% and the spam rates should be less than 0.1%. For that reason, we can review, suspend or disable accounts that exceed these rates and/or offer the following services, products or content: a) online business or content related to the stock market, b) horoscope reports or similar, c) mortgages and loans, d) nutritional and vitamin supplements, e) entertainment items for adults, f) properties and real estate, g) services that support the sending of emails on a scheduled basis on behalf of third parties without creating or reviewing the content.

Right to review email campaigns. We can see, copy and distribute internally the content of your emails and your account to create algorithms and programs that help us detect problematic accounts. We use these tools to find users who violate the Terms of Use and to study statistical data that make our Service smarter and create better experiences for senders and contacts.

Deliverability

Doppler allows you to implement DomainKeys ((personal authentication) in your deliveries. This technology developed jointly by Yahoo!, Cisco, Sendmail and PGP Corporation, improves the security of email against fraudulent messages and phishing by means of a new standard of secure email called DomainKeys Identified Mail (DKIM) which has already been approved by the Internet Engineering Task Force (IETF), the group with responsibility for technical standards on the Internet. DKIM uses signature encryption technology through a public key and a private key to verify the authenticity of the domain of the senders of the email. With this verification, email authentication occurs and is delivered to the recipient´s mailbox.
In order for you to apply DomainKeys to Doppler you must enter the Control Panel of your account, click on the DomainKeys link and complete the registration form. After a brief approval process, Doppler will generate some TXT logs that you will have to add in the Domain Name Servers of your Domain. Once the logs are added, you can activate DomainKeys from your Control Panel. The activation of DomainKeys for your domain is free and you can see a tutorial on how to do it here.

General Rules on Compliance

General rules. You seriously agree not to send "spam" (unwanted bulk mail), or to use lists of email addresses purchased or rented from third parties or obtained in bad faith or in an illicit manner, or to violate our Acceptable Use Policy, that is part of these Terms. For more information please see our Anti Spam Policy.
Doppler does not allow accounts whose objective is to promote or encourage harm to others or promoting discriminatory content, hate or harassment. If we detect activities of this nature in emails, campaigns, ads or content, we may suspend or cancel your account, at our sole discretion.

Abuse complaint. If you believe that someone is violating any of these Terms, notify us immediately. If you received spam that you think comes from another Doppler user, please let us know If you believe that someone has published material that infringes copyrights, you can notify us in accordance with our Copyright Policy.

Law compliance. You represent and guarantee that the use of Doppler will comply with all applicable laws and regulations. You are solely responsible for determining if our Services are suitable for use in light of any regulation such as the Health Insurance Portability and Accountability Act (HIPAA), Gramm-Leach-Bliley Act (GLB), General Data Protection Regulation (GDPR) of Europe or other applicable laws. If you are subject to any regulation and use our Service in a manner contrary to it, then we will not be liable if our Service does not meet these requirements.
You can´t use our Service for illegal or discriminatory activities, including acts prohibited by the Federal Trade Commission (FTC), as well as the Fair Credit Reporting Act (FCRA), Equal Credit Opportunity Act (ECOA) or other laws that apply to trade.
If you are in the European Economic Area (EEA) or have someone from the EEA in your databases, you declare and guarantee that, by creating distribution lists, sending emails through Doppler and collecting information, you will comply in full with the General Data Protection Regulation (GDPR) of Europe and you will be exclusively responsible for its correct use.

Liability

Limitation of liability. To the maximum extent permitted by law, you assume full liability for any loss caused from your use of the Website and the Services. Doppler will not be liable for any direct or indirect damage under any circumstance, even if they are based on negligence or we were advised of the possibility of such damages. Our total liability for all claims made about the Service will not be more than what you paid us for the Service the previous month. Doppler will not be responsible for the behavior of any advertiser, linked website or other user.
To the maximum extent permitted by law, we provide the material on the Website and the service as is. That means that we do not offer guarantees of any kind, either express or implied. Since people use Doppler for several reasons, we can´t guarantee that it will meet their specific needs.

Indemnity. You agree to indemnify and hold Doppler harmless from any loss and expenses resulting from any claims you make that are not allowed under these Terms. You also agree to indemnify and hold Doppler harmless from losses and expenses caused by third-party claims for the improper use of your account. If we successfully file any action against you for violating these Terms, we are entitled to recover all expenses, including attorneys´ fees and any additional compensation we may receive. If we have to provide information in response to a citation related to your account, we may charge you for the costs, such as the time taken by lawyers and employees to retrieve records, prepare documents and/or reports.

Miscellaneous

Force majeure. We will not be responsible for delays or failures in the performance of any part of the Service, for any reason beyond our control. This includes, but is not limited to causes of force majeure, changes in laws or regulations, embargoes, war, acts of terrorism, riots, fires, earthquakes, nuclear accidents, floods, strikes, power outages, severe weather conditions and acts of criminal hackers or third-party Internet service providers.

Severability. If it turns out that a section of this Agreement is not enforceable, that section will be deleted or edited as little as necessary, and the rest of the Terms will remain valid.

Notification of a security breach. In case of a security breach that may affect you or any person on your email distribution lists, we will notify you about what happened. If you think it is convenient, we will ask you to forward all or part of said information to your lists.

Notices. Any notification you receive from Doppler will be effective when we send it to the last email address or physical address that you have given us or published on our Website. The notifications that you send us will be effective when you have sent them to our legal advisor in Doppler LLC, 6860 North Dallas Parkway, Suite 200, Plano, TX 75024, United States or to any address that we may publish later in the Website.

Applicable Law & Jurisdiction. The laws of the State of Texas shall apply to any dispute related to these Terms, the Privacy Policy, involving the state and federal courts of San Antonio, Texas, United States, and each party shall be subject to the jurisdiction of said courts.

Full agreement. This Terms of Use and our Privacy Policy constitute the full agreement and supersedes all previous agreements, representations and understandings.

Thank you for taking the time to learn about Doppler policies.

Doppler LLC, 6860 North Dallas Parkway, Suite 200, Plano, TX 75024, United States.