1. Introduction

1.1.  Welcome to cmercury. These Terms of Use (“Terms”) govern your use of our services, website, and platform (collectively, the “Service”). By accessing or using the Service, you agree to comply with these Terms. If you do not agree to these Terms, you may not access or use the Service.

“We”, “Us”, or “Our” refers to cmercury, the provider of the email marketing and related services described in this agreement.

Wherever used in these Terms, “you”, “your” or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms

1.2. These Terms form a legally binding agreement between you and cmercury. You should review them carefully before using the Service.

2. Definitions

• “Service” – Refers to the cmercury platform, including all associated features, tools, and resources.
• “Account” – Refers to the user profile created when you sign up for cmercury.
• “Subscriber” – Refers to the contacts or recipients you send emails to using the Service.
• “Content” – Refers to any data, text, images, videos, or other material you upload, send, or create through the Service.

Updates and Functionalities.

You acknowledge and agree that cmercury may, from time to time, apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).

Third Party Products and Services.

The Services may enable you to access, interact with, or purchase products or services provided by third parties, including from third-party websites or applications linked to or accessible through the Services (“Third Party Services”). cmercury provides access to Third Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals, or verification by cmercury of such Third Party Services. You acknowledge that the use of Third Party Services may be subject to the terms and conditions of such Third Party Services and that any contract entered into or transaction completed through Third Party Services is between only you and the relevant third party.

3. Eligibility

3.1.  You must be at least 18 years old to use the Service.
3.2.  By using the Service, you represent and warrant that:

• You have the legal authority to enter into these Terms
• You will comply with all applicable laws and regulations while using the Service

4. Account Registration and Access

4.1. To use the Service, you must create an account by providing accurate and complete information.
4.2. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
4.3. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.
4.4. We reserve the right to refuse service, terminate accounts, or restrict access at our sole discretion.

5. Use of the Service

5.1. You may use the Service solely for lawful and legitimate business purposes.

5.2. You agree not to:

• Send spam or unauthorized communications;
• Use the Service to collect or store sensitive personal data;
• Interfere with or disrupt the operation of the Service;
• Reverse engineer, decompile, or attempt to extract the source code of the Service.

5.3. cmercury reserves the right to monitor your use of the Service to ensure compliance with these Terms.

6. Anti-Spam Policy

6.1. You must comply with all applicable anti-spam laws, including the CAN-SPAM Act, GDPR, and CCPA.

6.2. You must obtain the recipient’s consent before sending emails and provide an option for the recipient to unsubscribe from future communications.

6.3. If we determine that you have violated our Anti-Spam Policy, we may suspend or terminate your account without notice.

7. Content and Intellectual Property

7.1. You retain all ownership rights over the Content you upload or create through the Service.

7.2. By using the Service, you grant cmercury a non-exclusive, worldwide, royalty-free license to use, store, modify, and display your Content solely to provide the Service.

7.3. cmercury reserves the right to remove any Content that violates these Terms or applicable laws.

8. AI-Powered Features

8.1. cmercury may offer AI-powered features as part of the Service. You agree that:

• AI-generated Outputs may not be accurate, unique, or error-free;
• You are solely responsible for reviewing and verifying Outputs before using them;
• cmercury is not responsible for any loss or damage resulting from the use of AI-generated Outputs.

8.2. We may modify, suspend, or terminate AI-powered features at any time without liability.

9. Privacy and Data Protection

9.1. Your use of the Service is governed by our Privacy Policy and Data Processing Agreement (DPA).

9.2. We will process your data in accordance with applicable data protection laws, including GDPR and CCPA.

9.3. By using the Service, you consent to the collection, use, and sharing of your data as described in our Privacy Policy .

10. Payment and Billing

10.1. You agree to pay all applicable fees for using the Service according to the pricing plan selected.

10.2. Payment terms include:

• Monthly or annual billing, depending on the plan;
• Automatic renewal unless canceled before the next billing cycle;
• Fees are non-refundable except as stated in Section 16 (Refunds).

10.3. Failure to pay on time may result in the suspension or termination of your account.

11. Subscription Plans and Limits

11.1. Your use of the Service is subject to the limits defined in your subscription plan.

11.2. If you exceed the subscriber or email limit, you will be automatically upgraded to the next tier.

11.3. We reserve the right to modify subscription plans and pricing with notice.

12. Freemium Account

12.1. We offer a Freemium(trial account with a sending limit of 6000 emails/month) account that provides access to essential features of cmercury.

12.2. The Freemium account does not have an expiration period but may have usage limitations, such as the number of emails sent per month or access to premium features.

12.3. To access premium features and increase usage limits, you must upgrade to a paid plan.

12.4. We reserve the right to modify or discontinue the free account offering at any time, with or without prior notice.

13. Prohibited Activities

13.1. You may not:

• Use the Service to send misleading, fraudulent, or unlawful communications;
• Distribute malware, viruses, or harmful code;
• Infringe on the intellectual property rights of others;
• Attempt to gain unauthorized access to the Service or its related systems.

13.2. Violation of this section may result in the immediate termination of your account and legal action.

14. Limitation of Liability

14.1. In no event shall cmercury be liable or responsible in any way for any indirect, special, incidental, or consequential damages, including but not limited to:

• Loss of use, profits, revenue, income, or anticipated savings
• Business losses, loss of reputation or goodwill
• Loss of contracts or business relationships
• Loss or corruption of information or data

whether in contract, tort (including negligence), or otherwise, arising out of or connected with the use or inability to use the platform or the materials therein, or resulting from unauthorized access to or alteration of data.

14.2. cmercury shall not be liable for any delay or failure in performance of any part of the Service caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labour disputes, or technical failures (force majeure).

15. Termination of Service

15.1. The Service will continue as long as you maintain an active cmercury account, unless terminated by either party.

15.2. We reserve the right to terminate your account or limit your use of the Services at any time, with or without cause. If we decide to terminate your account, we will notify you with further instructions.

15.3. You may cancel your account at any time without penalty.

15.4. We may terminate your account if it remains inactive for two years as outlined in section 5.7 of these Terms.

15.5. If your account is under investigation for a violation of these Terms or our Anti-Spam Policy, you will be notified via email. If you do not respond within 30 days, we may terminate your account. For annual plans, we may attempt to contact you about the account’s status before the plan expiration.

16. Refunds

16.1. Refunds will only be provided if we terminate the Service without cause before the end of a paid period. Refunds will not be provided in the following cases:

• Violation of our Anti-Spam Policy or these Terms
• Unused or partially used plans
• Forgetting to cancel a plan or accidental upgrades
• Purchasing the wrong plan (even by mistake)
• Deciding to cancel after being charged

17. Subscribers

17.1. We do not impose a subscriber limit on your account; however, fair usage applies to prevent system abuse and ensure optimal service performance. If we detect excessive or abnormal subscriber activity that impacts platform stability or violates our Anti-Spam Policy:

• We may temporarily suspend your account or limit your sending capacity until the issue is resolved.
• We may request that you upgrade to a higher-tier plan to accommodate increased usage.

17.2. Deleting subscribers to manipulate fair usage or bypass platform guidelines is prohibited.

17.3. If you create an API key through your account, you are responsible for ensuring that subscribers are collected in compliance with industry standards and our Anti-Spam Policy.

18. Account Disputes

18.1. In the event of a dispute over account ownership, you must resolve the matter directly with the other party.

18.2. If we are able to determine the rightful account holder, we may take appropriate action based on available information. If we cannot reach a decision, we may suspend the account until the parties reach a resolution.

18.3. We may request documentation (e.g., court ruling, ID) to resolve ownership disputes.

19. Service Modifications

19.1. We may modify or terminate our Services at any time without notice. Please review these Terms regularly, as they may change.

19.2. We may introduce new versions of cmercury and restrict access to older versions. You will be notified in advance and required to migrate to the new version to maintain access.

20. Intellectual Property

20.1. cmercury claims no ownership of the content you provide through the Service. However, you grant cmercury a limited license to use your content as necessary to provide the Service.

20.2. cmercury owns all rights to the platform and related intellectual property. You may not copy, reproduce, or create derivative works from the Service without permission.

21. Privacy

21.1. cmercury values your privacy. Please review our Privacy Policy and Cookie Policy for details on how we handle your data.

22. Data Processing Addendum

22.1. If you process personal data through cmercury, the Data Processing Addendum applies to you

1. Definitions

1.1 “Applicable Data Protection Laws” means all laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and other applicable privacy laws governing the processing of Personal Data.

1.2 “Personal Data” means any information relating to an identified or identifiable natural person processed by Company on behalf of Customer.

1.3 “Processing” means any operation performed on Personal Data, including collection, recording, organization, structuring, storage, alteration, retrieval, use, disclosure, and deletion.

1.4 “Sub-processor” means any third party engaged by Company to process Personal Data on behalf of Customer.

2. Scope and Processing of Personal Data

2.1 Company shall process Personal Data only in accordance with Customer’s documented instructions unless required by law.

2.2 The nature, purpose, and duration of the processing shall be as necessary to provide the services under the Agreement.

2.3 Company shall ensure that its personnel authorized to process Personal Data are subject to confidentiality obligations.

3. Security Measures

3.1 Company shall implement appropriate technical and organizational measures to protect Personal Data against unauthorized access, loss, destruction, or alteration.

3.2 Company shall regularly review its security measures to ensure continued compliance with Applicable Data Protection Laws.

4. Sub-processing

4.1 Customer authorizes Company to engage Sub-processors as necessary for the provision of services.

4.2 Company shall ensure that any Sub-processor agrees to data protection obligations equivalent to those in this DPA.

4.3 Company shall notify Customer of any intended changes concerning the addition or replacement of Sub-processors.

5. Data Subject Rights

5.1 Company shall assist Customer in responding to data subject requests related to access, rectification, deletion, or objection to processing of Personal Data.

5.2 If a data subject request is received directly by Company, it shall promptly notify Customer unless prohibited by law.

6. Data Breach Notification

6.1 Company shall notify Customer without undue delay upon becoming aware of a data breach affecting Personal Data

6.2 Company shall provide Customer with sufficient information to allow Customer to fulfill any legal obligations regarding breach notification.

7. Data Transfers

7.1 If Company processes Personal Data outside the jurisdiction where Customer operates, it shall ensure adequate safeguards, such as Standard Contractual Clauses or equivalent mechanisms.

8. Data Retention and Deletion

8.1 Upon termination of the Agreement, Company shall either delete or return all Personal Data, unless retention is required by law.

8.2 Customer may request certification of data deletion upon request.

9. Audit and Compliance

9.1 Company shall make available to Customer all necessary information to demonstrate compliance with this DPA.

9.2 Company shall allow for audits conducted by Customer or an independent auditor appointed by Customer, subject to reasonable notice and confidentiality obligations.

10. Governing Law and Jurisdiction

10.1 This DPA shall be governed by and construed in accordance with the laws governing the Agreement.

10.2 Any disputes shall be resolved in accordance with the dispute resolution provisions of the Agreement.

11. Miscellaneous

11.1 In case of any conflict between this DPA and the Agreement, the terms of this DPA shall prevail with respect to data protection matters.

11.2 This DPA may be updated by Company to reflect changes in data protection laws, with prior notice to Customer.

23. Changes to Terms

23.1. We reserve the right to update these Terms at any time. Changes will be posted on this page and are effective immediately upon posting.

24. Governing Law and Jurisdiction

24.1. These Terms shall be governed by and construed in accordance with the laws of Kerala India.

24.2. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Kerala India.

At cmercury, we value your privacy and are committed to protecting your personal data. This Privacy Policy outlines how we collect, use, disclose, and safeguard your information when you use our platform and services. Please read this policy carefully to understand your rights and how we manage your data.

By using cmercury, you agree to the terms outlined in this Privacy Policy. If you do not agree with the terms, please refrain from using our services.

1. Definitions

Cmercury comes under Caspar Technologies Pvt Ltd, an entity registered under companies act 2013, whose principal place of address is 7th Floor , Chakolas Heights, CSEZ PO Kochi Kerala India 682037

• “cmercury” – Refers to our email marketing platform and related services
• “We”, “Us”, “Our” – Refers to cmercury and its legal entities.
• “Customer” – Refers to the person or entity that creates an account and uses our services.
• “Subscriber” – Refers to the end-user who receives emails or other communications sent through cmercury by our Customers.
• “Personal Data” – Any data that relates to an identifiable individual.
• “Processing” – Any operation performed on personal data, such as collection, storage, use, disclosure, or deletion.

2. Data We Collect

We collect the following types of data:

2.1. Account and Contact Information

When you create an account, we collect:

• Name
• Email address
• Phone number (optional)
• Company name (optional)
• Billing information (if applicable)

2.2. Subscriber Data

When you upload or collect subscribers through cmercury, we collect:

• Name
• Email address
• Any other custom fields added by you (e.g., location, gender, interests)

2.3. Usage Data

We automatically collect:

• IP address
• Browser type
• Device type
• Pages visited
• Login timestamps

3. How We Use Your Data

We use the collected data to:

• Provide and maintain our services
• Personalize user experience
• Send system notifications and updates
• Manage billing and account settings
• Monitor platform performance and improve functionality
• Respond to customer support requests
• Prevent fraud and ensure platform security

4. Legal Basis for Processing

We process your Personal Data based on the following legal grounds:

• Performance of Contract – To provide services as agreed under our Terms of Service.
• Legitimate Interest – To improve our services, communicate with you, and ensure platform security.
• Consent – Where required by law, we seek your consent before processing certain data.
• Legal Obligation – To comply with legal and regulatory requirements.

5. Data Sharing and Disclosure

We do not sell or share your personal data with third parties for their marketing purposes. We may disclose data under the following circumstances:

5.1. Service Providers:

We may share data with trusted service providers who assist us in operating our platform (e.g., cloud hosting, payment processing, customer support).

5.2. Legal Obligations:

We may disclose data if required by law, court order, or governmental authority.

5.3. Business Transfers:

In the event of a merger, acquisition, or sale, your data may be transferred to the new entity.

5.4. Protection of Rights:

We may disclose data to protect our rights, prevent fraud, or respond to legal claims.

6. Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest
• Secure network infrastructure
• Access controls and user authentication
• Regular security audits and penetration testing

7. Your Rights

You have the following rights regarding your personal data:

7.1. Right to Access:

Request access to the personal data we hold about you.

7.2. Right to Correct:

Request corrections to inaccurate or incomplete data.

7.3. Right to Delete:

Request deletion of your data (subject to legal requirements).

7.4. Right to Object:

Object to the processing of your data for direct marketing or legitimate interests.

7.5. Right to Restrict Processing:

Request that we restrict the processing of your data in certain circumstances.

7.6. Right to Data Portability:

Request a copy of your data in a structured format for transfer to another service.

8. Data Retention

We retain your data as follows:

• For as long as your account is active
• For up to 7 years after termination to meet legal, tax, and regulatory requirements
• We may anonymize certain data for research and analysis

9. Subscriber Data

You are responsible for ensuring that the collection and processing of Subscriber Data comply with data protection laws. We process Subscriber Data only as instructed by you.

10. Cookies

We use cookies to improve service functionality and user experience. You can manage cookie preferences in your browser settings.

11. Third-party Services

Our platform may include links to third-party websites and services. We are not responsible for the privacy practices of those third parties.

12. Children’s Privacy

Our services are not intended for users under 16 years of age. We do not knowingly collect personal data from children.

13. GDPR Compliance

If you are a resident of the European Union (EU), you have specific rights under the General Data Protection Regulation (GDPR), including the right to lodge a complaint with a data protection authority. Refer our GDPR Compliance for more details.

14. Data Processing Agreement (DPA)

Our DPA outlines how we handle personal data on your behalf and comply with data protection laws.

15. Mergers and Acquisitions

If cmercury is acquired or merged, your data may be transferred to the new entity.

16. Changes to This Policy

We may update this Privacy Policy periodically. Any changes will be posted on our website, and your continued use of our services indicates acceptance of the updated terms.

17. Contact Us

If you have questions about this Privacy Policy or wish to exercise your rights, you can contact us at:
Email: dv@cmercury.com
Address: 7th Floor , Chakolas Heights, CSEZ PO Kochi Kerala India 682037

By using cmercury, you acknowledge that you have read and understood this Privacy Policy.

cmercury (“we,” “our,” or “us”) uses cookies and similar tracking technologies to enhance your experience on our platform. This Cookie Policy explains what cookies are, how we use them, and how you can control them.

By using our website and services, you agree to the use of cookies in accordance with this policy. If you do not agree, you may disable cookies through your browser settings (explained below).

1. What Are Cookies?

Cookies are small text files stored on your device (computer, tablet, smartphone) when you visit a website. They allow websites to remember your actions and preferences over time, enabling a better user experience.

Types of Cookies We Use:

• Session Cookies: Temporary cookies that are deleted once you close your browser.
• Persistent Cookies: Remain on your device for a set period or until manually deleted.
• First-party Cookies: Set by cmercury directly when you visit our site.
• Third-party Cookies: Set by external services integrated with our platform (e.g., service providers and feature providers).

2. How We Use Cookies

We use cookies for the following purposes:

2.1. Essential Cookies

• Necessary for the operation of our platform.
• Enable core functions like user login, account security, and navigation.

Example: Remembering your login status.

2.2. Performance Cookies

• Collect information about how you use our platform to improve performance.
• Help us understand and identify technical issues.

Example: Page load times.

2.3. Functionality Cookies

• Remember your preferences and settings to enhance your experience.
• Enable features like remembering your language or theme preferences.

Example: Keeping you logged in across sessions.

3. Managing and Disabling Cookies

You can manage or disable cookies through your browser settings:

• Google Chrome: Manage Cookies
• Mozilla Firefox: Manage Cookies
• Safari: Manage Cookies
• Microsoft Edge: Manage Cookies

Note: Disabling certain cookies may affect the functionality of our platform.

5. Your Consent

When you visit our website for the first time, you will see a cookie banner requesting your consent to use essential or non-essential cookies. You can update your preferences at any time through the Cookie Settings link on our website.

6. Changes to This Policy

We may update this Cookie Policy periodically to reflect changes in our use of cookies. We will notify you of any significant updates through our website or email.

7. Contact Us

If you have any questions about this Cookie Policy or our use of cookies, you can contact us at:
Email: dv@cmercury.com
Address: 7th Floor,Chakolas Heights, Chittettukara, CSEZ PO Kochi -682037
Kerala India.

By continuing to use our website and services, you agree to the terms of this Cookie Policy.

This Data Processing Agreement (“Agreement”) forms part of the Terms of Service (“Principal Agreement”) between cmercury (“Processor”) and the customer (“Controller”) who uses cmercury’s services (collectively referred to as the “Parties”).

By using cmercury, you agree to the terms of this DPA, which ensures that cmercury processes personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) (EU) 2016/679, the California Consumer Privacy Act (CCPA), and other relevant laws and regulations.

1. Definitions

For the purposes of this Agreement, the following definitions apply:

• “Controller” – The entity that determines the purposes and means of processing personal data.
• “Processor” – The entity that processes personal data on behalf of the Controller.
• “Data Subject” – An identified or identifiable natural person whose personal data is processed.
• “Personal Data” – Any information relating to an identified or identifiable natural person.
• “Processing” – Any operation performed on personal data (e.g., collection, recording, storage, alteration, retrieval, use, disclosure, deletion).
• “Sub-Processor” – A third party engaged by the Processor to process personal data on behalf of the Controller.
• “Applicable Data Protection Laws” – The GDPR, CCPA, and any other applicable data protection laws or regulations.

2. Purpose of Processing

The Processor shall process personal data only for the following purposes:

• Providing email marketing services and related features.
• Improving platform performance and user experience.
• Ensuring compliance with legal and regulatory obligations.
• Technical support and troubleshooting.
• Analytics, reporting, and platform optimization.

3. Types of Personal Data Processed

The types of personal data processed may include (but are not limited to):

• Contact details (e.g., name, email address, phone number).
• User preferences and behavioral data.
• IP addresses and location data.
• Device and browser information.
• Communication and campaign performance data.

4. Categories of Data Subjects

The data subjects whose personal data may be processed include:

• Customers and leads of the Controller.
• Employees or contractors of the Controller.
• Any other end users identified by the Controller.

5. Obligations of the Processor

The Processor agrees to:

5.1. Process Data Only on Controller’s Instructions

Process personal data only as instructed by the Controller unless required by law.

5.2. Confidentiality

Ensure that personnel authorized to process personal data are bound by confidentiality obligations.

5.3. Security Measures

• Implement appropriate technical and organizational measures to protect personal data, including:
  • Encryption of personal data.
  • Access controls and user authentication.
  • Regular security audits and vulnerability assessments.

5.4. Assistance with Compliance

• Assist the Controller in complying with its obligations under applicable data protection laws, including:
  • Responding to Data Subject requests (e.g., right to access, erasure).
  • Conducting Data Protection Impact Assessments (DPIAs).

5.5. Data Breach Notification

• Notify the Controller without undue delay (and within 72 hours) after becoming aware of a personal data breach.
• Provide details of the breach, including:
  • Nature and scope of the breach.
  • Data affected.
  • Mitigation measures taken or proposed.

6. Obligations of the Controller

The Controller agrees to:

• Ensure that the collection and processing of personal data comply with applicable laws.
• Obtain all necessary consents from data subjects where required.
• Provide clear and lawful instructions to the Processor.

7. Sub-Processors

7.1. Authorization

The Controller authorizes the Processor to engage third-party sub-processors for processing activities.

8. Data Transfers

8.1. International Transfers

• The Processor may transfer personal data outside the European Economic Area (EEA) and the United States, provided that:
  • Appropriate safeguards are in place (e.g., Standard Contractual Clauses).
  • The data transfer complies with applicable data protection laws.

8.2. US Transfers

For data transferred to the United States, the Processor will comply with the requirements of the CCPA.

9. Retention and Deletion

9.1. Retention Period

The Processor will retain personal data only for as long as necessary to fulfill the processing purposes.

9.2. Deletion or Return

• Upon termination of the agreement, the Processor will:
  • Delete or return all personal data to the Controller.
  • Delete existing copies unless retention is required by law.

10. Audit and Compliance

• The Controller may request an audit of the Processor’s processing activities.
• The Processor will provide reasonable assistance and access to documentation.

11. Liability and Indemnification

• The Processor shall be liable for any breach of this Agreement resulting from negligence or willful misconduct.
• The Controller shall indemnify the Processor for any third-party claims arising from improper or unlawful data processing.

12. Termination

• Either party may terminate this Agreement upon 30 days’ written notice.
• Termination of the Agreement does not relieve either party of its ongoing data protection obligations.

13. Governing Law

his Agreement is governed by the laws of Kerala India without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts in Kerala India.

14. Amendments

We may amend this Agreement from time to time to reflect changes in our processing activities or legal requirements. We will notify you of any material changes.

15. Contact Information

If you have questions about this Data Processing Agreement or data privacy practices, you can contact us at:
Email: dv@cmercury.com
Address:  7th Floor , Chakolas Heights, CSEZ PO Kochi Kerala India 682037

By using cmercury, you confirm that you have read, understood, and agreed to the terms of this Data Processing Agreement.

California Consumer Privacy Act (CCPA)

• The CCPA is a law in California that gives California residents control over the personal data that businesses collect about them.
• The CCPA gives California residents the right to opt-out of the sale or sharing of their personal information.
• The CCPA provides additional protections for minors

Central Consumer Protection Authority (CCPA)

• The CCPA is a regulatory authority in India that was established in 2020.
• The CCPA’s purpose is to protect consumers from unfair trade practices, misleading advertisements, and other violations of consumer rights.
• The CCPA can order the discontinuation of unfair trade practices and misleading advertisements.
• The CCPA can impose penalties on manufacturers, endorsers, and publishers of misleading advertisements.
• The CCPA is supported by the Centre for Consumer Studies of the Indian Institute of Public Administration (IIPA) and the National Consumer Helpline.

GDPR Compliance Statement

At cmercury, we are committed to protecting your personal data and ensuring compliance with the General Data Protection Regulation (GDPR). This statement outlines our approach to data protection and how we safeguard your privacy.

1. Lawful, Fair, and Transparent Processing

cmercury processes personal data lawfully, fairly, and transparently. We collect and use your data only for legitimate purposes and provide clear information on how it is used.

2. Data Collection and Use

We collect personal data only when necessary to provide our services, enhance user experience, and fulfill legal obligations. We ensure that data collection is minimal and relevant to its intended purpose.

3. Data Security

We implement robust security measures to protect your data from unauthorized access, alteration, or disclosure. Our systems are regularly monitored and updated to maintain high-security standards.

4. Data Subject Rights

Under GDPR, you have the right to:

• Access, correct, or delete your personal data
• Restrict or object to data processing
• Withdraw consent at any time
• Request data portability

To exercise these rights, contact us at dv@cmercury.com

5. Data Retention

We retain personal data only for as long as necessary to fulfill the purposes outlined in this statement. Once the retention period expires, we securely delete or anonymize your data.

6. Third-Party Sharing

We do not share your personal data with third parties unless required for service provision, legal compliance, or with your explicit consent. When necessary, we ensure that third parties adhere to GDPR standards.

7. Cookies and Tracking Technologies

Our website uses cookies and similar tracking technologies to enhance user experience. You can manage your cookie preferences through your browser settings. For more details, refer to our [Cookie Policy].

8. Contact Information

If you have any questions about our GDPR compliance or wish to exercise your data rights, please contact our Data Protection Officer at dv@cmercury.com.
For more details, please review our Privacy Policy.

cmercury is committed to ensuring compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. This policy outlines our approach to responsible email marketing and the measures we take to comply with CAN-SPAM regulations.

1. Applicability

This policy applies to all commercial email communications sent by cmercury or its customers using our platform. By using our services, customers agree to comply with the CAN-SPAM Act and its provisions.

2. Key Compliance Requirements

To ensure compliance with the CAN-SPAM Act, cmercury requires that all commercial emails meet the following standards:

a. Accurate Header Information

The “From,” “To,” “Reply-To,” and routing information in the email must be accurate and identify the sender.

b. Honest Subject Lines

Subject lines must not be deceptive or misleading.

c. Clear Identification as an Advertisement

Emails must clearly indicate that they are advertisements or promotional messages unless the recipient has explicitly opted in to receive them.

d. Inclusion of a Physical Postal Address

All commercial emails must include a valid physical postal address of the sender.

e. Monitoring and Enforcement

• cmercury monitors email campaigns sent through its platform to ensure compliance with CAN-SPAM requirements.
• Customers found violating the CAN-SPAM Act may have their accounts suspended or terminated.

3. Responsibilities of cmercury Customers

As a provider of email marketing services, cmercury expects customers to adhere to the following guidelines:

• Obtain consent before sending emails.
• Maintain an up-to-date suppression list for individuals who opt out.
• Ensure compliance with all applicable email marketing laws, including CAN-SPAM.

4. Prohibition on Harvesting Email Addresses

cmercury strictly prohibits the use of automated means or other deceptive practices to harvest email addresses from websites, forums, or directories. All email lists must be obtained through explicit user consent (opt-in), and users must be informed about how their email addresses will be used.

5. Opt-Out Confirmation & User Experience

We ensure that all promotional emails include a clear and conspicuous unsubscribe mechanism. Users opting out are automatically unsubscribed within 10 business days, as per legal requirements. Additionally:

• A confirmation email is sent to acknowledge the opt-out.
• Users will not receive further promotional content once unsubscribed.
• The unsubscribe process is designed to be simple, quick, and user-friendly, without requiring logins or additional steps.

6. Definition of Transactional vs. Promotional Emails

To provide full clarity:

• Transactional Emails: Include service-related updates such as order confirmations, account changes, billing information, or security alerts. These are not considered promotional under CAN-SPAM and do not require an unsubscribe option.
• Promotional Emails: Include marketing campaigns, offers, newsletters, or other content intended to promote a product or service. These require clear identification and an opt-out option.

7. Stronger Enforcement & Penalty Clause

Violations of this CAN-SPAM policy—whether by internal teams, partners, or clients—are taken seriously. Violators may be subject to:

• Immediate suspension or termination of account access.
• Legal liability for damages or penalties incurred by cmercury.
• Internal disciplinary actions for staff or partners in breach.

We reserve the right to audit email campaigns for compliance and take action against any form of abuse or policy violation.

8. Transparency on Third-Party Compliance Monitoring

cmercury actively monitors third-party platforms and integrated tools used for email delivery and list management. We work only with vendors and partners who maintain compliance with the CAN-SPAM Act. Periodic reviews and data protection assessments are conducted to ensure:

• Secure handling of email data.
• Adherence to consent and opt-out standards.
• Accountability for any misuse or policy breaches by third parties.

9. Reporting Violations

If you believe you have received an unsolicited email from cmercury or one of our customers that violates this policy, please contact us at dv@cmercury.com with details of the email, including the sender’s address and email content.

10. Policy Updates

cmercury reserves the right to update this CAN-SPAM policy as necessary to reflect changes in legal or business requirements. Updates will be posted on this page with a revised effective date.
For further questions or compliance concerns, please contact us at dv@cmercury.com

At cmercury, we are committed to providing a secure and trustworthy email marketing platform while strictly adhering to global anti-spam regulations, including the CAN-SPAM Act, GDPR, CCPA, and other applicable laws. This Anti-Spam Policy outlines our guidelines and expectations for all users to ensure that email communication through cmercury is lawful, respectful, and welcomed by recipients.

By using cmercury, you agree to comply with this policy. Violation of this policy may result in suspension or termination of your account.

1. What Is Spam?

Spam is any unsolicited, bulk, or indiscriminate email sent for commercial or non-commercial purposes. This includes, but is not limited to:

• Emails sent without prior consent from the recipient.
• Messages that are misleading, deceptive, or fraudulent.
• Irrelevant or inappropriate content sent to recipients.

2. Prohibited Practices

You are strictly prohibited from using cmercury to:

2.1. Send Unsolicited Emails

• You must obtain explicit, verifiable consent from recipients before sending marketing emails.
• Purchasing, renting, or using third-party lists is strictly prohibited.
• Scraping or harvesting email addresses from websites or public sources is prohibited.

2.2. Use False or Misleading Information

• Emails must accurately reflect the sender and the content of the message.
• Misleading subject lines or deceptive headers are prohibited.

2.3. Fail to Provide an Opt-Out Option

• All emails must include a clear and functional unsubscribe link.
• Unsubscribe requests must be processed within 10 business days.
• Recipients must not be charged or required to log in to unsubscribe.

2.4. Engage in High Complaint Rates

• A high spam complaint rate (above 0.2%), high bounce rate (above 5%) may trigger an investigation or suspension.

2.5. Use of Deceptive or Manipulative Tactics

• You may not use misleading tactics to inflate open rates or engagement.
• Examples include hidden text, fake URLs, or fake content.

3. Compliance Requirements

You are responsible for ensuring that your email campaigns comply with:

• General Data Protection Regulation (GDPR) – Consent, transparency, and data protection requirements.
• CAN-SPAM Act – Requirements for commercial emails, including opt-outs and truthful content.
• California Consumer Privacy Act (CCPA) – Protection of personal information and user rights.
• Other Local and International Regulations – Any applicable data protection and anti-spam laws.

4. Consent and Permission

4.1. Obtaining Consent

• You must obtain explicit consent from recipients before adding them to your mailing list.
• Consent should be verifiable and documented.
• Consent can be collected through:
  • An email newsletter sign-up form
  • A clearly marked opt-in checkbox (unchecked by default)
  • A competition or survey where email consent is clearly stated
  • A transactional relationship (e.g., a recent purchase within the last 2 years)

4.2. Double Opt-In (Recommended)

We recommend using a double opt-in process where recipients confirm their subscription to reduce spam complaints and improve deliverability.

5. Content Guidelines

5.1. Identification of Sender

• The “From” field and subject line must clearly reflect the sender and content.
• A valid physical mailing address must be included in every email.

5.2. Relevance and Value

• Content must be relevant to the recipient’s preferences and interests.
• Avoid excessive or repetitive emails.

5.3. Unsubscribe Link

• Every email must include a visible and easy-to-use unsubscribe link.
• The unsubscribe link must remain functional for at least 30 days.

6. Monitoring and Enforcement

6.1. Monitoring

• We actively monitor email campaigns for compliance with this policy.
• High bounce rates, spam complaints, or abuse reports may result in account review.

6.2. Enforcement Actions

If you violate this policy, we may take one or more of the following actions:

• Issue a warning.
• Suspend or terminate your account.
• Report the violation to relevant authorities.
• Pursue legal action where applicable.

7. Complaint Handling

If a recipient reports spam, we will investigate the complaint and take appropriate action.

• If the complaint is valid, you may be asked to provide proof of consent.
• Repeated violations may result in account suspension or termination.

8. Best Practices

To maintain high deliverability and compliance, we recommend the following best practices:

• Use double opt-in for all new subscribers.
• Keep email lists clean by removing invalid or inactive addresses.
• Personalize content to improve engagement and reduce spam complaints.
• Respect user preferences regarding email frequency and content type.
• Monitor campaign performance and adjust based on feedback.

9. Liability and Indemnification

• You are solely responsible for ensuring that your email marketing activities comply with applicable laws and this policy.
• You agree to indemnify and hold cmercury harmless from any claims, damages, or penalties resulting from violations of this policy.

10. Changes to This Policy

We may update this Anti-Spam Policy periodically to reflect changes in legal requirements or industry standards. We will notify you of any significant updates.

11. Contact Information

If you have questions or need clarification regarding this policy, you can contact us at:

Email: dv@cmercury.com
Address: 7th Floor , Chakolas Heights, CSEZ PO Kochi Kerala India 682037

By using cmercury, you confirm that you have read, understood, and agreed to comply with this Anti-Spam Policy.

At cmercury, we are committed to maintaining a secure, professional, and legally compliant platform for all users. This Acceptable Use Policy (AUP) outlines the rules and guidelines that govern how you may use cmercury’s services. By using cmercury, you agree to comply with this policy and understand that violations may result in suspension or termination of your account.

1. Scope and Applicability

This Acceptable Use Policy applies to:

• All users of cmercury’s platform, including free and paid account holders.
• All email campaigns, content, and data processed through cmercury.
• Any third-party tools, APIs, or integrations connected to cmercury.

2. Prohibited Uses

You may not use cmercury to:

2.1. Send Unsolicited Emails (Spam)

• Sending bulk or commercial emails without obtaining valid, verifiable consent from recipients is prohibited.
• Use of purchased, rented, scraped, or third-party email lists is strictly prohibited.
• All emails must comply with applicable anti-spam laws, including the CAN-SPAM Act, GDPR, and CCPA.

2.2. Transmit Harmful or Malicious Content

You may not use cmercury to create, send, or distribute content that:

• Contains viruses, malware, spyware, or other harmful code.
• Disrupts the normal operation of networks, servers, or infrastructure.
• Engages in phishing, hacking, or other fraudulent activities.

2.3. Engage in Illegal, Harmful, or Abusive Activity

You may not use cmercury for any activity that is illegal, abusive, or harmful, including:

• Promoting or facilitating violence, terrorism, or criminal activities.
• Promoting discrimination, hate speech, or harassment based on race, ethnicity, nationality, religion, gender, sexual orientation, or disability.
• Distributing sexually explicit, pornographic, or obscene content.
• Promoting or selling illegal substances, weapons, or regulated goods.
• Promoting gambling or lottery services unless permitted under applicable law and with proper licensing.

2.4. Engage in Fraud or Deceptive Practices

You may not use cmercury to:

• Impersonate any person, business, or entity.
• Misrepresent or falsely claim an affiliation with any person or entity.
• Use misleading or deceptive headers, subject lines, or content.

2.5. Infringe on Intellectual Property Rights

You may not use cmercury to:

• Infringe on copyrights, trademarks, patents, trade secrets, or other intellectual property.
• Distribute or use pirated or unauthorized content.
• Use images, logos, or trademarks without proper authorization.

2.6. Violate Privacy or Data Protection Laws

You may not use cmercury to:

• Collect or store sensitive personal information without proper consent.
• Violate the privacy rights of individuals or businesses.
• Fail to comply with GDPR, CCPA, and other applicable data privacy laws.

2.7. Create or Distribute Unauthorized Financial or Investment Advice

You may not use cmercury to:

• Offer financial, investment, or legal advice without proper licensing.
• Promote multi-level marketing (MLM) schemes or “get-rich-quick” programs.

2.8. Engage in Platform Abuse or Misuse

You may not:

• Attempt to gain unauthorized access to cmercury’s systems, APIs, or data.
• Overload, disrupt, or impair the platform’s infrastructure or performance.
• Attempt to bypass user limits, API rate limits, or service restrictions.
• Resell or transfer your cmercury account without written consent.

3. Content Guidelines

All content created, uploaded, or distributed using cmercury must adhere to the following guidelines:

3.1. Accuracy and Transparency

• All content must be accurate, truthful, and not misleading.
• Marketing claims must be supported by factual evidence where applicable.

3.2. Clear Identification

• The sender’s identity and physical address must be clearly included in each email.
• All promotional emails must identify themselves as such.

3.3. Opt-Out and Unsubscribe Requirements

• All emails must include a visible and functional unsubscribe link.
• Unsubscribe requests must be honored within 10 business days.
• You must not attempt to resubscribe users who have opted out unless they explicitly opt in again.

4. Monitoring and Enforcement

4.1. Account Monitoring

We actively monitor user activity to detect and prevent abuse, including:

• High bounce rates, spam complaints, and unsubscribe rates.
• Patterns of suspicious behavior, including rapid list growth or repeated spam reports.
• Compliance with email authentication standards (SPF, DKIM, DMARC).

4.2. Account Suspension and Termination

We may take the following actions if you violate this policy:

• Warning – Notify you of the violation and request corrective action.
• Suspension – Temporarily disable your account or campaign activity.
• Termination – Permanently disable your account and block access to the platform.
• Legal Action – Report the violation to appropriate authorities where applicable.

5. User Responsibilities

As a cmercury user, you are responsible for:

• Ensuring all campaigns comply with this policy and applicable laws.
• Monitoring recipient engagement and response rates.
• Handling and securing subscriber data responsibly.
• Maintaining secure login credentials and preventing unauthorized access.

6. Third-Party Integrations and API Use

If you integrate cmercury with third-party services or use the API:

• You are responsible for ensuring compliance with this policy and all third-party terms.
• You must not use third-party services to bypass platform limitations or restrictions.
• You are responsible for securing API keys and monitoring API activity.

7. Liability and Indemnification

• You are solely responsible for the content and legality of your email campaigns.
• cmercury will not be held liable for any damages resulting from misuse of the platform.
• You agree to indemnify and hold cmercury harmless from any claims, damages, or penalties resulting from your violation of this policy.

8. Compliance with Laws

You must comply with all applicable local, national, and international laws, including:

• CAN-SPAM Act
• GDPR
• CCPA
• Other regional and industry-specific regulations

9. Changes to This Policy

We may update this Acceptable Use Policy periodically to reflect changes in legal requirements, industry standards, or platform features. We will notify you of significant changes. Continued use of the platform after changes take effect constitutes acceptance of the revised policy.

10. Contact Information

If you have questions or need clarification regarding this policy, you can contact us at:

Email: dv@cmercury.com
Address: 7th Floor , Chakolas Heights, CSEZ PO Kochi Kerala India 682037

By using cmercury, you confirm that you have read, understood, and agreed to comply with this Acceptable Use Policy.

This Disclaimer (“Disclaimer”) outlines the terms and limitations related to your use of cmercury (“Platform”, “Service”).

By accessing or using cmercury, you acknowledge that you have read, understood, and agreed to the terms set forth in this Disclaimer. If you do not agree with any part of this Disclaimer, you must refrain from using cmercury.

1. No Professional Advice

cmercury provides an email marketing platform and related services for managing and executing email campaigns. The information, materials, and insights provided through cmercury (including but not limited to blog posts, tutorials, help articles, and customer support) are for informational purposes only.

• cmercury does not provide legal, financial, tax, or professional advice.
• You are responsible for seeking professional advice where appropriate before relying on any information provided through the platform.

2. No Guarantees or Warranties

cmercury is provided on an “as-is” and “as-available” basis. We do not guarantee that:

• The platform will be available without interruption or errors.
• Email deliverability rates, open rates, or engagement rates will meet your expectations.
• The platform will meet all business requirements or provide specific results.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

3. Third-Party Content and Services

cmercury may include or provide links to third-party content, tools, or services.

• We do not control and are not responsible for the content, accuracy, or reliability of any third-party services.
• Your use of third-party services is at your own risk and subject to the third party’s terms and policies.
• We do not endorse any third-party products or services unless explicitly stated.

4. User-Generated Content

You are solely responsible for any content, data, or materials you create, upload, or distribute using cmercury.

• We do not monitor or control the content generated by users.
• We are not liable for any harm, damages, or legal claims arising from user-generated content.
• You agree not to post or distribute content that violates our Acceptable Use Policy or any applicable laws.

5. Email Deliverability and Performance

While cmercury strives to maintain high deliverability rates and platform performance, we do not guarantee:

• That emails will reach recipients’ inboxes.
• That recipients will engage with or respond to your campaigns.
• That email delivery will comply with all ISP (Internet Service Provider) rules and filters.

Factors such as recipient behavior, spam filters, and third-party policies may affect deliverability and performance beyond our control.

6. Limitation of Liability

To the maximum extent permitted by law, cmercury, its affiliates, officers, directors, employees, and agents shall not be liable for:

• Any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the platform.
• Loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings.
• Errors, interruptions, or delays in service caused by network failures, cyberattacks, or third-party issues.

In any case, cmercury’s total liability for any claims arising from or related to your use of the platform shall not exceed the amount you paid for the service in the six months preceding the claim.

7. User Responsibility

You are solely responsible for:

• Ensuring that your email marketing practices comply with applicable laws and regulations, including CAN-SPAM, GDPR, and CCPA.
• Maintaining the accuracy and security of your account information.
• Securing the personal data of your subscribers and ensuring consent for data processing.

8. Force Majeure

We are not responsible for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to:

• Natural disasters (e.g., earthquakes, floods, fires).
• Government actions or regulations.
• Cyberattacks, data breaches, or technical failures.
• Labor strikes or supply chain disruptions.

9. Indemnification

You agree to indemnify, defend, and hold harmless cmercury, its affiliates, directors, employees, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the platform.
• Your violation of this Disclaimer or any other policies.
• Your breach of applicable laws or regulations.

10. Changes to This Disclaimer

We reserve the right to update or modify this Disclaimer at any time without prior notice.

• Continued use of the platform after changes take effect constitutes acceptance of the updated terms.
• We will notify you of material changes through the platform or via email.

11. Governing Law and Jurisdiction

This Disclaimer shall be governed by and interpreted in accordance with the laws of Kerala India.

• Any disputes arising under or in connection with this Disclaimer shall be resolved in the courts of Kerala India.

12. Contact Information

If you have any questions or need clarification regarding this Disclaimer, you can contact us at:

Email: dv@cmercury.com
Address: 7th Floor , Chakolas Heights, CSEZ PO Kochi Kerala India 682037

Registered Company Name: CASPAR TECHNOLOGIES PVT LTD
Adress: 7th Floor,Chakolas Heights, Chittettukara, CSEZ PO Kochi -682037
Kerala India.
CIN: U72900KL2016PTC046624
GST Number: 32AAGCC5992A1ZW
Director : Jacob M George
Email: finance@cmercury.com

At cmercury, we prioritize the security and privacy of our users and customers. We are committed to protecting our platform, applications, and data from potential security threats. This Responsible Disclosure Policy outlines the guidelines for security researchers and the public to report vulnerabilities ethically and responsibly.

1. Scope

This policy applies to all cmercury web applications, APIs, and associated services. We encourage responsible security testing of our publicly accessible systems.

2. Reporting a Vulnerability

If you discover a potential security issue in cmercury, we request you to:

• Report the vulnerability as soon as possible to [dv@cmercury.com].
• Provide a clear and detailed description of the vulnerability, including:
  • Affected system, URL, or service.
  • Steps to reproduce the issue.
  • Potential impact of the vulnerability.
• Refrain from disclosing the vulnerability publicly or to third parties before we have had the opportunity to investigate and address the issue.

3. What We Expect from Researchers

• Act in good faith and avoid any actions that could disrupt or degrade our services.
• Do not access, modify, or delete data that does not belong to you.
• Avoid any attempts at phishing, social engineering, spamming, or denial-of-service attacks.
• Comply with applicable laws and regulations when testing security vulnerabilities.

4. Our Commitment

• We will acknowledge receipt of your report within a reasonable timeframe.
• We will investigate reported issues promptly and strive to resolve valid vulnerabilities as quickly as possible.
• We will keep you informed of the progress and outcome of our investigation.
• If your report leads to a significant security improvement, we may publicly acknowledge your contribution, subject to mutual agreement.

5. Safe Harbor

If you adhere to this policy and act in good faith, we will not take legal action against you for reporting vulnerabilities. However, if your actions violate the policy or applicable laws, we reserve the right to take necessary steps.

6. Out-of-Scope Findings

The following types of vulnerabilities are generally considered out of scope for this policy:

• Reports based on outdated software versions or known vulnerabilities that have already been addressed.
• Missing security best practices (e.g., use of HTTP instead of HTTPS) without demonstrating an exploitable vulnerability.
• Social engineering attacks on cmercury employees or customers.
• Physical attacks or attempts to compromise infrastructure beyond our control.

We appreciate the efforts of ethical security researchers in helping us improve the security of our platform. Thank you for your cooperation and commitment to responsible disclosure.