The agreement
YourMarketingSuite (“YMS”, “we”, “us”, “our”) is a brand of Marketing Released B.V. (“MR”), Pauwenkamp 142, 3607GK, Maarssen, The Netherlands, registered at the Chamber of Commerce in The Netherlands under number 62865668.
These Terms govern your use of the YourMarketingSuite website and platform (the “Service”). By starting a subscription or using the Service you agree to them. If you do not agree, do not use the Service.
Together with our Privacy Policy and Cookie Policy, these Terms are the whole agreement between us.
Definitions
- Account — your agency-level login and the subscription attached to it.
- Sub-account — a separated workspace you create inside your Account, normally for one client.
- Customer Data — everything you or your clients put into the Service: contacts, conversations, files, calendars, pipelines and configuration.
- Usage Charges — metered charges for calls, text messages, email and AI actions.
- Plan — Standard, Professional or Premium, as described on our pricing page.
Your account
You must be 18 or over and able to enter a contract. Give us accurate details and keep them current. You are responsible for everything that happens under your Account and under every sub-account you create, including anything done by your staff, your contractors and your clients.
Keep your credentials secure and tell us promptly if you think they have been compromised. Do not share one login between people who should have their own.
What the Service is, and is not
The Service is a marketing and client-management platform: CRM, pipelines, funnels and sites, forms and calendars, email and text messaging, automation, payments, reviews and reporting.
The Service is software. It is not a marketing agency, not a guarantee of results, and not legal, tax or compliance advice. What you achieve with it depends on your offer, your market and your work. Any figures shown on our website illustrate how the platform is used and are not a promise of earnings.
Plans, fees and usage charges
Plan prices are shown on our pricing page and are exclusive of VAT and any other applicable tax, which is added at checkout where it applies. You are responsible for any withholding tax in your own country.
Subscription. Monthly plans renew every month. Yearly plans are paid up front for twelve months and renew annually. Renewal is automatic until you cancel.
Usage Charges. Calls, text messages, email and AI actions are metered and charged on top of the plan fee. Each plan includes a monthly usage credit, stated on the pricing page. Usage above that credit is billed at the rates published in your account. Usage credits do not roll over and are not refundable in cash.
Failed payments. If a payment fails we will retry it. If it keeps failing we may suspend your Account. Suspended Accounts keep their data for the retention period in the Privacy Policy, then it is deleted.
Price changes. We may change plan prices with at least 30 days' notice by email. A change takes effect at your next renewal, so you can always cancel before paying a new price.
Cancellation and refunds
You can cancel at any time from inside your Account. Cancellation stops the next renewal. It does not refund the period you are already in.
Monthly plans run to the end of the paid month. Yearly plans run to the end of the paid year. We do not pro-rate part-used periods.
Usage Charges already incurred are payable in all cases, because we have already paid the carrier or provider for them.
If something goes materially wrong on our side, contact us. We would rather fix it or make it right than argue about a clause.
Customer Data and our role
Customer Data is yours. We claim no ownership of it. We process it only to provide the Service, to keep it secure, and where the law requires.
For Customer Data you are the controller and we are the processor. That means you must have a lawful basis for holding those records and for contacting those people, and you must give them the privacy information the law requires. We provide the tooling; the lawful basis is yours.
You can export your data at any time while your Account is active. After cancellation you have 30 days to export, after which sub-accounts and their contents are deleted.
Acceptable use
Do not use the Service to:
- send unsolicited messages of any kind, or messages to people who have not consented where consent is required;
- break the law, or help anyone else break it;
- infringe anyone's intellectual property, privacy or publicity rights;
- publish or transmit malware, or attempt to breach, probe or overload the Service;
- reverse engineer the Service, or resell access in a way these Terms do not permit;
- promote fraud, deceptive claims, or content that is unlawful, harassing or hateful;
- process special category data (health, biometric, political, religious and similar) without telling us first and putting the right safeguards in place.
Messaging compliance
This section matters more than any other, because it is where platform accounts actually get shut down.
When you send email, text messages or calls through the Service, you are the sender. You are responsible for complying with the rules that apply to you and to the people you contact, which may include the GDPR and the ePrivacy rules in Europe, CAN-SPAM and the TCPA in the United States, CASL in Canada, and the equivalent elsewhere.
In practice that means: only message people who have given you the consent the law requires; keep a record of that consent; identify yourself clearly; honour opt-outs immediately and permanently; respect quiet hours and frequency rules; and register your sending identities where the carriers require it.
Carriers and providers can and do block or terminate sending identities for poor list quality, high complaint rates or spam content. That is outside our control. We may suspend messaging on your Account immediately if we receive credible complaints, if a provider requires it, or if your complaint rate threatens the deliverability of the wider platform.
You indemnify us for claims and penalties arising from messages you send.
White label and reselling
Where your plan includes white labelling, you may present the platform under your own brand and domain to your clients, and set your own prices to them. That freedom carries obligations.
Your contract with your client is yours alone. We have no relationship with them and no liability to them. You must give them terms and a privacy notice at least as protective as these, you must handle their support, and you remain responsible to us for everything done in the sub-accounts you create.
You must not claim to have built the underlying platform, and you must not misrepresent what it can do.
Intellectual property
We and our licensors own the Service, including its software, design, trademarks and documentation. You get a non-exclusive, non-transferable right to use it while your subscription is current, for your own business and your clients' businesses, and for nothing else.
You own your content and your brand. Where you apply your branding to the platform, you grant us only the limited licence needed to display it back to you and your clients.
If you send us feedback or ideas, we may use them without obligation to you.
Third-party services
The Service connects to third-party tools such as payment processors, ad platforms, calendars and messaging providers. Those are governed by their own terms and privacy policies. We are not responsible for them, for changes they make, or for outages on their side.
Availability and support
We aim to keep the Service available continuously, but we do not promise uninterrupted or error-free operation. Maintenance, provider incidents and events outside our control all happen. Where we can give notice of planned downtime, we will.
Support is provided by email and through the channels shown in your Account. Response targets vary by plan.
Warranties and disclaimers
The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the Service will meet your requirements, that results will be achieved, or that defects will be corrected. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.
Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings, however caused.
Our total aggregate liability arising out of or relating to the Service in any twelve-month period is limited to the amount you paid us in the twelve months before the event giving rise to the claim.
We are not liable for loss of Customer Data where you have not kept your own export, or for the acts of your clients and your staff.
Indemnity
You will indemnify and hold us harmless against claims, damages, penalties and reasonable legal costs arising from your use of the Service, your Customer Data, the messages you send, your agreements with your clients, or your breach of these Terms.
Suspension and termination
We may suspend or terminate your Account if you materially breach these Terms, if you do not pay, if your use threatens the security or deliverability of the platform for other customers, or if the law requires it. Where it is reasonable to do so we will warn you first and give you a chance to fix the problem.
On termination your right to use the Service ends immediately. The sections that by their nature should survive — fees owed, intellectual property, disclaimers, liability, indemnity and governing law — survive.
Changes
We may change the Service and these Terms. For material changes to these Terms we will give account holders at least 30 days' notice by email. Continuing to use the Service after a change takes effect means you accept it. If you do not accept it, cancel before it takes effect.
Governing law and disputes
These Terms are governed by the laws of the Netherlands, without regard to conflict of law rules. Disputes go to the competent court in the Netherlands.
If you are a consumer resident in the EU, you keep the protections of the mandatory law of your own country, and this clause does not take them away.
Before starting proceedings, please contact us. Most things are solved with an email.
General
If a provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign this agreement without our written consent; we may assign it as part of a reorganisation or sale of the business. Nothing here creates a partnership, agency or employment relationship between us.
Contact
Questions about these Terms: [email protected].
Marketing Released B.V. (YourMarketingSuite)
Pauwenkamp 142, 3607GK
Maarssen, The Netherlands
Chamber of Commerce: 62865668