Newsletter Sending Agreement

1. Who This Agreement Is Between

This Newsletter Sending Agreement ("Agreement") is between Clariia ("Clariia", "we", "us", or "our") and the person, business, or organisation approved to use Clariia's newsletter-sending service ("Customer", "you", or "your").

If you accept this Agreement for a business or organisation, you confirm that you are authorised to bind it. Your acceptance is also acceptance by that business or organisation.

2. Activation and Approval

• Newsletter sending is not automatically included with a Clariia account.
• You must accept this Agreement and the current Acceptable Use and Anti-Spam Policy and provide the information Clariia reasonably requires to assess your business, contact list, sending purpose, and expected volume.
• Acceptance creates an application for newsletter-sending access. It does not guarantee approval or immediately enable sending.
• Clariia may approve, decline, limit, delay, review, pause, or withdraw sending access where reasonably necessary to protect recipients, Clariia, its customers, its service providers, or sending reputation.
• Your approval record may specify an initial recipient limit, monthly sending allowance, approved sender identity, approved domain, review conditions, and other safeguards. You must not attempt to avoid those limits.

3. The Service

Once approved, the service may allow you to import and manage contacts, prepare campaigns, send individual email messages to selected recipients, process unsubscribe requests, and view sending and delivery information.

• Clariia may use Amazon Web Services, including Amazon Simple Email Service, and Google Cloud or Firebase to provide the service.
• Each Customer must use an approved sending address on that Customer's own verified business domain. Clariia does not provide a shared customer-newsletter From identity.
• "Delivered" means that the receiving mail system accepted the message. It does not guarantee inbox placement, display, reading, or action.
• Open and click information may be incomplete or inaccurate because of privacy protections, security scanning, image blocking, automated activity, and provider behaviour.
• Clariia does not guarantee delivery, inbox placement, engagement, sales, or any other campaign result.

4. Your Contact Lists and Consent

You own and control the contact lists you place in Clariia. You are responsible for the lawful collection, accuracy, use, and retention of every contact and for proving that each recipient may lawfully receive each campaign.

For every import, you must truthfully record:

• where the list came from;
• the type and source of each recipient's consent or other lawful basis;
• the date of consent, where known;
• whether information was collected directly from the contact or obtained from another source; and
• that the list was not bought, rented, scraped, harvested, or otherwise obtained contrary to this Agreement or applicable law.

If you obtained personal information indirectly, you are responsible for meeting any notification or other obligation that applies under New Zealand Information Privacy Principle 3A or other applicable privacy law, unless a lawful exception applies.

5. Your Campaign Responsibilities

Before every send, you must review the campaign and confirm that:

• every selected recipient may lawfully receive that particular message;
• the sender name, sending address, reply-to address, subject line, and content are accurate and not misleading;
• the message clearly identifies the responsible sender and contains current contact information;
• the message contains a clear, functional, and free unsubscribe facility;
• the content and any linked material comply with law, this Agreement, and the Acceptable Use and Anti-Spam Policy; and
• you have reviewed any generated, imported, or personalised content before sending.

You remain the sender and the party responsible for the campaign. Clariia's technical checks, review, approval, delay, or transmission of a campaign do not transfer your responsibility to Clariia.

6. Sender Domains and Addresses

• You may send only from an address on your own business domain after that exact domain and sender identity have been verified and approved by Clariia.
• You may not use a Clariia address, any subdomain of clariia.com, Donna O'Donoghue's address, another Customer's address, or any other shared or fallback From identity for a customer CRM newsletter.
• A Reply-To address does not replace, validate, or authorise the required customer-owned From address.
• You must own or control your sending domain, authorise the required DNS records, keep its authentication valid, and promptly tell Clariia about any change that could affect sending.
• Clariia may block sending if SPF, DKIM, DMARC, MAIL FROM, domain verification, forwarding, or other required configuration is missing, broken, misleading, or unsafe.
• Instructions for customer-managed domain connection may be included with the service. Assisted DNS work, domain transfer, forwarding setup, or complex repair may be charged separately if you agree to the quoted work.

7. Unsubscribes and Suppression Records

• You must not send a commercial campaign to a person who has withdrawn consent or otherwise opted out.
• Clariia may immediately suppress an address following an unsubscribe, hard bounce, complaint, legal request, or other safety event.
• You must not remove, bypass, edit around, or re-import a suppressed address unless Clariia has verified a lawful reason to restore it.
• If a contact is deleted, Clariia may retain a minimal suppression record to prevent accidental re-import or further sending.
• Clariia may keep a public unsubscribe facility available after your campaign ends or your Clariia service is cancelled.

8. Monitoring, Review, and Suspension

You authorise Clariia to process and review campaign content, list information, consent records, sending volume, delivery events, bounce and complaint information, and service-provider findings as reasonably necessary to provide and protect the service.

Clariia may delay, cancel, limit, investigate, or pause a campaign or account without prior notice where reasonably necessary, including where:

• consent, list provenance, sender identity, or legal compliance is unclear;
• sending volume changes unexpectedly or exceeds an approved allowance;
• bounce, complaint, unsubscribe, rejection, or other risk indicators are unsafe;
• a domain or sending identity is no longer properly authenticated;
• we suspect fraud, abuse, harmful content, a security incident, or a breach of this Agreement;
• Amazon, Google, a receiving provider, or a regulator requires or reasonably supports the action; or
• continued sending could harm recipients, Clariia, other customers, or customer and platform sending reputation.

You cannot remove your own suspension. Reinstatement is at Clariia's discretion after the cause has been investigated and resolved.

9. Charges, Allowances, and Third-Party Costs

• Your price, included usage, approved allowance, overage terms, and any setup charges will be shown or agreed before the relevant paid service or work begins.
• Charges may be based on messages attempted, recipients processed, contacts stored, plan limits, or separately quoted support work, as displayed at activation or purchase.
• A message may count toward usage once processing or third-party sending cost is incurred, even if it is later rejected, bounced, filtered, or unopened.
• Clariia may stop or delay further sending when an allowance or account limit is reached.

10. Reasonable Cost Recovery

If your material breach, unlawful conduct, materially false declaration, or deliberate avoidance of a safeguard directly causes Clariia to incur loss or remediation cost, you must reimburse Clariia for reasonable, documented costs directly resulting from that breach, to the extent permitted by law.

This may include reasonable service-provider charges, specialist investigation, required remediation, recipient or regulator response, and restoration of affected systems or sending infrastructure. This clause does not create an arbitrary penalty and does not apply to loss caused by Clariia's own breach, negligence, or failure to take reasonable steps to limit avoidable loss.

11. Privacy and Data Processing

• As between you and Clariia, you control your contact information and determine the purpose and recipients of your campaigns. Clariia processes that information on your instructions to provide, secure, monitor, and support the newsletter service.
• Clariia does not use your newsletter contacts for Clariia's own marketing and does not use them to train artificial-intelligence models.
• Clariia may use service providers, including Amazon Web Services and Google Cloud or Firebase, to store, process, and transmit data.
• You must not upload sensitive information or more personal information than is reasonably necessary for the campaign.
• You must respond promptly and lawfully to privacy, access, correction, deletion, consent, complaint, and regulatory requests relating to your contacts or campaigns.

12. Records and Audit

Clariia may retain versioned records of activation, approvals, imports, consent declarations, campaign confirmations, sending events, unsubscribes, suppressions, complaints, investigations, and policy acceptance for security, compliance, dispute resolution, and operation of the service.

You must keep sufficient evidence to support your declarations. On reasonable request, you must promptly provide evidence of consent, list source, sender authority, and legal compliance. Clariia may refuse or pause sending while that evidence is being assessed.

13. Changes to This Agreement

Clariia may update this Agreement to reflect changes in law, service-provider requirements, risk controls, pricing, or the service. We will give reasonable notice of material changes. You may be required to accept a new version before sending resumes.

14. Ending the Newsletter Service

You may stop using the newsletter service at any time. Clariia may withdraw approval or end the service in accordance with this Agreement and the general Terms. Ending the service does not remove obligations, charges, suppression records, evidence, or liabilities that arose before it ended.

15. Contact and Governing Law

This Agreement is governed by New Zealand law. Questions, compliance notices, or complaints may be sent to hello@clariia.com.