PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE ACTIVATING, INSTALLING, OR USING THE EAA SOFTWARE. BY CLICKING “I AGREE,” COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE USING THE SOFTWARE, YOU (“LICENSEE” OR “YOU”) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.

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1. Definitions

• “Software” means the Email Announcement Agent (EAA) application, including all modules, updates, APIs, and associated documentation provided by BAIDEAC.
• “License Key” means the unique alphanumeric credential issued to you upon subscription activation that authenticates your access to the Software and its email sending capabilities.
• “Email Identity” means the sender email address or domain you register and verify through the Software as your authorised sending identity in Amazon Web Services Simple Email Service (AWS SES).
• “Sending Infrastructure” means the AWS SES accounts, SNS topics, configuration sets, and related cloud resources operated by BAIDEAC through which your emails are delivered.
• “Recipient” means any individual or entity to whom you send an email using the Software.
• “Tier” means your current daily email sending quota level (Tier 1 through Tier 5), which governs the maximum number of emails you may send per calendar day.
• “Subscription” means your active paid or trial service plan that grants access to the Software under this Agreement.

2. Grant of License

Subject to your compliance with this Agreement and payment of applicable fees, BAIDEAC grants you a limited, non-exclusive, non-transferable, revocable license to:

• Use the Software solely for your own internal business email marketing and announcement purposes.
• Send emails through the Sending Infrastructure using your registered Email Identity and License Key.
• Access the Software’s API endpoints to automate email campaigns from your own applications.

This license does not grant you any ownership rights in the Software or the Sending Infrastructure.

3. License Key and Email Identity

3.1 One Identity Per License. Each License Key may be associated with exactly one Email Identity (sender address). You may not use a single License Key to send emails from multiple sender addresses.

3.2 Verification Requirement. Your Email Identity must be successfully verified in AWS SES before the Software will permit email sending. You are responsible for completing and maintaining the verification of your Email Identity.

3.3 Non-Transferability. Your License Key is personal to your account and may not be shared, sublicensed, resold, or transferred to any third party without BAIDEAC’s prior written consent.

3.4 Security. You are responsible for maintaining the confidentiality of your License Key. You must notify BAIDEAC immediately at support@baideac.com if you believe your License Key has been compromised.

4. Daily Sending Limits and Tier System

4.1 Tier Limits. The Software enforces daily email sending quotas based on your current Tier:

Tier	Daily Send Limit
1	1,000 emails
2	5,000 emails
3	10,000 emails
4	50,000 emails
5	100,000 emails

4.2 Tier Progression. Your Tier may increase automatically when you consistently utilise your daily quota while maintaining acceptable spam complaint rates. Tier upgrades are at the sole discretion of the Software’s automated reputation engine.

4.3 Reset. Daily sending quotas reset at 00:00 UTC each calendar day.

4.4 No Carry-Over. Unused daily quota does not carry over to the following day.

5. Acceptable Use Policy

5.1 Permitted Uses

You may only use the Software to send emails that:

• Are sent to Recipients who have explicitly opted in to receive communications from you (express written consent, confirmed opt-in, or equivalent lawful basis under applicable law).
• Relate to your own legitimate business activities, products, services, or announcements.
• Comply with all applicable laws and regulations, including but not limited to CAN-SPAM Act (USA), GDPR (EU/UK), CASL (Canada), and any local email marketing laws in the jurisdiction of your Recipients.
• Include a clear and functional unsubscribe mechanism in every commercial email.
• Include your valid physical postal address in every commercial email.
• Accurately identify the sender and subject matter.

5.2 Prohibited Uses

You must NOT use the Software to send:

• Unsolicited bulk email (“spam”) to any person who has not given prior consent.
• Emails to purchased, rented, harvested, or scraped mailing lists.
• Phishing emails, fraudulent communications, or emails designed to deceive Recipients.
• Emails containing malware, viruses, or malicious links.
• Content that is unlawful, defamatory, obscene, harassing, or violates any third party’s intellectual property rights.
• Emails that impersonate another person, business, or brand.
• Political campaign communications without complying with all applicable election laws.
• Communications related to multi-level marketing, pyramid schemes, or other deceptive schemes.
• Content that promotes violence, discrimination, or hate speech.

5.3 List Hygiene Obligations

You are solely responsible for:

• Maintaining clean, permission-based mailing lists.
• Promptly honouring all unsubscribe requests (within 10 business days or as required by applicable law).
• Removing invalid, bounced, or complaint-generating addresses from your lists.
• Not re-adding addresses that have previously unsubscribed or complained.

6. Spam Complaint and Reputation Policy

6.1 Monitoring. BAIDEAC automatically monitors spam complaint and bounce rates for all accounts using AWS SNS feedback notifications. Complaints and bounces are tracked on a rolling 7-day window.

6.2 Automatic Suspension — Two-Stage Policy. BAIDEAC operates a two-stage suspension policy to protect the shared Sending Infrastructure:

Stage	Condition	Action
Low Volume (total sent < 100 over 7 days)	5 or more spam complaints	Account suspended
Normal Volume (total sent ≥ 100 over 7 days)	Spam complaint rate ≥ 3%	Account suspended

6.3 Effect of Suspension. A suspended account will receive HTTP 403 responses on all send attempts. Your License Key remains active but email sending is disabled until the suspension is lifted.

6.4 Unsuspension. To request unsuspension, contact support@baideac.com. BAIDEAC will review your case and, at its sole discretion, may restore access after you demonstrate corrective action. Repeated suspensions may result in permanent termination of your Subscription.

6.5 Your Responsibility. You acknowledge that spam complaints and excessive bounces are a direct result of your list quality, content, and sending practices. BAIDEAC is not liable for any damages, losses, or business impact resulting from account suspension caused by your own sending behaviour.

6.6 AWS SES Compliance. You acknowledge that BAIDEAC’s Sending Infrastructure operates on AWS SES, which has its own sender reputation requirements. You agree to comply with the Amazon SES Acceptable Use Policy and acknowledge that a sustained high complaint rate from your account may result in service interruptions for all users. BAIDEAC reserves the right to immediately and permanently terminate your Subscription if your sending behaviour threatens the integrity of the shared Sending Infrastructure.

7. Data and Privacy

7.1 Recipient Data. You retain full ownership of and responsibility for your Recipient data. BAIDEAC processes Recipient email addresses only to the extent necessary to deliver your emails.

7.2 Event Logs. BAIDEAC collects and stores email event data (sent, delivered, bounced, complained) associated with your Email Identity for reputation management, debugging, and service improvement purposes.

7.3 Data Retention. Email event data is retained for a minimum of 30 days to support the rolling reputation window and operational support.

7.4 GDPR / Data Protection. If you send emails to Recipients located in the European Economic Area (EEA) or United Kingdom, you are the data controller and BAIDEAC acts as a data processor in respect of Recipient personal data processed through the Software. You are solely responsible for establishing a lawful basis for processing and for maintaining appropriate records of consent.

7.5 No Sale of Data. BAIDEAC will not sell, rent, or share your account data or Recipient data with third parties for marketing purposes.

8. Intellectual Property

8.1 The Software, including all source code, algorithms, AI models, APIs, user interfaces, and documentation, is and remains the exclusive intellectual property of BAIDEAC.

8.2 Nothing in this Agreement transfers any intellectual property rights to you.

8.3 You grant BAIDEAC a limited licence to use aggregated, anonymised sending metrics derived from your use of the Software for the purpose of improving the Software’s AI capabilities and reputation engine, provided such data cannot be used to identify you or your Recipients.

9. Subscription, Fees, and Termination

9.1 Subscription Term. Your Subscription begins on the activation date and continues for the term specified in your order, subject to renewal.

9.2 Fees. Subscription fees are as specified in your order. All fees are non-refundable unless required by applicable law.

9.3 Termination by You. You may terminate your Subscription at any time by contacting support@baideac.com. Termination does not entitle you to a refund of any prepaid fees.

9.4 Termination by BAIDEAC. BAIDEAC may suspend or terminate your Subscription immediately and without notice if you breach any provision of this Agreement, particularly Section 5 (Acceptable Use) or Section 6 (Reputation Policy), your sending activity threatens BAIDEAC’s Sending Infrastructure or AWS SES account standing, you fail to pay applicable fees, or as required by applicable law or court order.

9.5 Effect of Termination. Upon termination, your License Key is deactivated, your Email Identity is unregistered from the Sending Infrastructure, and you must cease all use of the Software.

10. Disclaimers and Limitation of Liability

10.1 “AS IS” Basis. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BAIDEAC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Deliverability. BAIDEAC does not guarantee that emails sent through the Software will be delivered to Recipients’ inboxes. Email deliverability depends on factors outside BAIDEAC’s control, including Recipient mail servers, spam filters, and industry-wide reputation signals.

10.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAIDEAC’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO BAIDEAC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM. IN NO EVENT SHALL BAIDEAC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify, defend, and hold harmless BAIDEAC and its officers, employees, and agents from and against any claims, damages, penalties, fines, or expenses (including reasonable legal fees) arising from your violation of this Agreement including the Acceptable Use Policy, your violation of applicable email marketing laws (CAN-SPAM, GDPR, CASL, etc.), spam complaints, regulatory investigations, or legal actions initiated by your Recipients or regulatory authorities as a result of your email campaigns, and your breach of any third party’s rights, including intellectual property rights.

12. Governing Law and Dispute Resolution

12.1 This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12.2 Any dispute arising under this Agreement shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with applicable arbitration rules.

13. Amendments

BAIDEAC reserves the right to amend this Agreement at any time. Amended terms will be communicated via email to your registered address or through the Software interface. Continued use of the Software after the effective date of any amendment constitutes acceptance of the revised terms.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and BAIDEAC with respect to the Software and supersedes all prior discussions, agreements, or understandings.

15. Contact

Email: support@baideac.com
Product: Email Announcement Agent (EAA)
Vendor: BAIDEAC

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By activating your License Key or using the Software, you confirm that you have read, understood, and agree to be bound by this End User License Agreement.