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Terms and Conditions – Advanced Subscriber Intelligence

Effective Date: [15/08/2025]

These Terms & Conditions govern the purchase, download, installation, and use of the Advanced Subscriber Intelligence (“ASI”) software product. By purchasing, installing, or using ASI, you (“the Client”) acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Definitions

  • “Service Provider” – Refers to the developer and rights holder of ASI, including any associated business entities or individuals.

  • “Client” – Refers to any purchaser, license holder, or user of ASI.

  • “Software” – Refers to the Advanced Subscriber Intelligence plugin, related files, documentation, and any updates provided.

2. Zero Liability

2.1 At no time, under any circumstances, now or in the future, shall the Service Provider be liable for:

  • Any actions taken by the Client or its users;

  • The sending, content, legality, or recipients of any emails sent using ASI or any connected system;

  • Any fines, penalties, claims, or lawsuits;

  • Any direct, indirect, incidental, special, consequential, punitive, or exemplary damages;

  • Any loss of business, revenue, profits, or data;

  • Any downtime, security breaches, hacking, or unauthorised access.

2.2 This exclusion of liability applies forever, survives the end of this Agreement, and applies whether or not the Service Provider was advised of the possibility of such losses.

3. No Control Over Use

3.1 The Client acknowledges and agrees that:

  • The Service Provider has no control whatsoever over how ASI is used after delivery;

  • The Service Provider does not monitor, moderate, or approve any emails sent, data exported, or actions taken with the Software;

  • All use of the Software is the sole responsibility of the Client.

4. Indemnity

4.1 The Client shall fully indemnify, defend, and hold harmless the Service Provider from and against any and all claims, losses, damages, costs, legal fees, penalties, fines, or liabilities of any kind arising out of:

  • The Client’s use of the Software;

  • Any breach of law or regulation;

  • Any third-party complaint or legal action.

4.2 This indemnity is unlimited in amount and time and continues indefinitely after this Agreement ends.

5. Client’s Sole Responsibility

5.1 The Client is solely responsible for:

  • Ensuring all use of ASI complies with applicable laws and regulations;

  • Obtaining and maintaining all required consents for any data or email recipients;

  • Responding to and resolving all abuse complaints or regulatory actions;

  • Complying with all laws, regulations, and industry guidelines in every jurisdiction where the Software is used.

6. Warranty Disclaimer

6.1 The Software is provided “as is” without any warranties or guarantees of any kind.
6.2 The Service Provider expressly disclaims all warranties, including merchantability, fitness for purpose, and non-infringement.

7. No Right to Sue / Waiver of Claims

7.1 The Client irrevocably waives and releases the Service Provider from any and all present or future claims, demands, causes of action, or legal proceedings of any kind, whether known or unknown, arising out of or relating to this Agreement, the Software, or its use.
7.2 This waiver is permanent, survives the termination of this Agreement indefinitely, and is binding on the Client’s successors, assigns, and legal representatives.
7.3 The Client expressly agrees that they shall never initiate, participate in, or assist with any legal action against the Service Provider under any circumstances.

8. Term & Termination

8.1 This Agreement begins on the date of purchase and continues until terminated by either party with thirty (30) days written notice. The Service Provider also reserves the absolute right to suspend or terminate the Client’s license immediately, without notice, in the event of:

  • Non-payment of any fees when due; or

  • Notification from a hosting provider, payment processor, or other authorised body of any legal infringement or unlawful activity involving the Software.

8.2 Clauses 2 (Zero Liability), 4 (Indemnity), and 7 (No Right to Sue) survive termination indefinitely.

9. Governing Law

This Agreement is governed by the laws of England & Wales, and the parties agree to submit to the exclusive jurisdiction of its courts.

10. Acceptance of Terms

10.1 The Client agrees that purchase, download, installation, activation, or use of ASI constitutes full acceptance of these Terms & Conditions, regardless of whether the Client has signed a separate agreement.
10.2 This acceptance is binding on the Client, their successors, assigns, and legal representatives, and applies from the first moment of any access to or use of the Software.