Terms of Service

Terms of Service

The document entitled "Terms of Service for the FlipMail Service" (hereinafter referred to as the "Terms") sets forth the terms and conditions governing the relationship between FlipMail (hereinafter referred to as "FlipMail", "the FlipMail Service" or "The Service") and the service's customer (hereinafter referred to as the "customer," "user," "you," or "member").

1. Basic Provisions

1.1. FlipMail. provides the user with services through the FlipMail service, subject to the terms outlined in this document.

1.2. The use of the FlipMail service is governed by these Terms of Service, as well as the Privacy Policy. FlipMail's Terms of Service may be amended or supplemented by the administration without prior notification to users, and such changes take effect from the moment the document is published on the company's official website.

1.3. By accessing or using the Service in any manner, you hereby acknowledge and accept all of these Terms on your own behalf or on behalf of the entity you represent. These Terms shall remain in force throughout your use of the Service or any data obtained through the Service. You further represent and warrant that you possess the right, authority, and capacity to enter into these Terms on your own behalf or on behalf of the entity you represent. You also confirm that you are of legal age to form a legally binding contract, or if not, you have obtained permission from your parent or guardian to use the Service and have secured their agreement to these Terms on your behalf. If you are agreeing to these Terms on behalf of an organization or entity, you further represent and warrant that you are authorized to accept these Terms on behalf of that organization or entity and to bind them to these Terms. In such cases, the terms "you" and "your" within these Terms (excluding this sentence) refer to that organization or entity. If you do not agree to any of these terms, the administration reserves the right to deny your use of FlipMail.

1.4. Services Offered

1.4.1. FlipMail affords the user access to a range of specialized services, encompassing but not limited to email, SMS, Viber, Web Push, and chatbot campaigns designed for Facebook, Telegram, and WhatsApp. Additionally, FlipMail provides SMTP services, email verification, FlipMail Landing Pages for website/landing page creation, and a CRM system for the effective management of sales processes and communication channels.

As a user, you are entitled to the following privileges and resources: Account registration for your chosen service, complete with the ability to modify billing plans or, if necessary, to delete the account. Access to technical support for assistance. The option to procure supplementary services for an additional fee. A commitment to safeguard your personal information, as well as the confidentiality of mailing lists uploaded to your customer account.

1.5. User Registration

1.5.1. The term "account" pertains to the user's personal dashboard within FlipMail. Registration is a formal process completed on the official website https://flipmail.org/registration

1.5.2. During the registration process, users are required to input personal information, including their name, email address, and telephone number. Additionally, they must set a password, which will subsequently serve as their means of access to the account. It is imperative that users refrain from sharing their username and password with any third party, as they bear full responsibility for the security of these credentials.

1.5.3. All personal information provided is subject to FlipMail's Terms of Service and Privacy Policy and may be utilized by our Service personnel for communication purposes, as outlined in the Privacy Policy.

1.5.4. Users are under an obligation to furnish valid information during the registration procedure. Failure to do so may result in the denial of service access for customers who submit inaccurate contact details. Our Service staff reserve the right to request clients to verify their personal information in order to ascertain its authenticity.

1.5.5. Please take note that the registration of multiple free accounts is strictly prohibited. One free account is sufficient for users to assess the features and capabilities of the Service.

1.6. Payment for Services

1.6.1. Upon the successful completion of the registration process, every customer of FlipMail is automatically enrolled in the free plan offered by FlipMail. By continuing as a free plan user, you signify your acceptance of the terms and email limitations associated with this plan. Transitioning to a paid plan or renewing your account indicates your satisfaction with the quality of our Service.

1.6.2. FlipMail provides a range of billing plans, affording users the flexibility to switch to a more suitable plan at their convenience. All billing plan modifications and payments are conducted by the user within their respective accounts.

1.6.3. Payments for billing plans and additional services require 100% prepayment and adhere to the following procedure: The user initiates the payment process on the official FlipMail website or within their Service account. Payment must be made exclusively through the designated payment methods approved by FlipMail, including credit card, bank transfer for individuals. Upon successful payment, the user's account will reflect the funds within 30 minutes (for electronic payments) or within three (3) working days in the case of legal entity invoices and bank transfers for individuals. Any additional services for which payment has been made will become accessible to the user once the payment is received. Users who have paid for the service have a 30-day window from the date of payment to request a refund for any unused funds. The request for a refund must be accompanied by a valid reason. FlipMail follows its Refund Policy when processing such requests.

1.6.4. For monthly subscriptions, an automatic renewal feature is activated. Users can manage this feature in their personal accounts.

1.6.5. In the case of a monthly SMTP subscription paid via a bank card, automatic plan upgrades are implemented when users exceed their email limits. This ensures an uninterrupted flow of transactional emails.

2. The User's Account

2.1. Account Creation

2.1.1. Upon successful registration, the user's account is automatically established. Subsequently, all activities related to emails, billing plans, and payments are managed through this account.

2.2. Personal Account Information

2.2.1. During the registration process, users provide a personal email address, which functions as their username, and a confidential password for accessing the Service. This information is securely encrypted and strictly confidential, safeguarded against disclosure to third parties.

2.2.2. Users are also requested to complete an extended form with personal details, which can be used when working with emails through "variable substitution." Information provided in this form is likewise subject to the Privacy Policy.

2.3. Account Management

2.3.1. All actions such as sending emails, monitoring statistics, modifying billing plans, verifying email addresses, and creating campaign templates are conducted by users within their accounts. Users can also upload contact information, including email addresses and phone numbers of campaign recipients, to establish address books. It's important to note that all uploaded contact information is considered the exclusive property of the user and is treated as confidential data, protected in accordance with the FlipMail's Privacy Policy.

2.3.2. The Service's administration holds the right to monitor user activity and, in the event of suspected spamming, temporarily block the user's account. All administrative actions are guided by the Anti-Spam Policy, which users acknowledge during account registration.

2.4. Account Deletion

2.4.1. Users retain the right to request the deletion of their account at any time. It's important to note that any remaining account funds will not be reimbursed unless special grounds for a refund are applicable. In rendering its decision, the FlipMail service adheres to its Anti-Spam Policy. The company does not provide refunds to users who have been blocked due to violations of the Anti-Spam Policy.

2.4.2. FlipMail reserves the right to suspend user accounts at its discretion, with or without cause. In cases of account inactivity for a period exceeding 24 months, the company may terminate the account, and no refunds for prepaid services will be granted. Upon termination of the account, users acknowledge and accept that FlipMail may permanently delete the account and all associated data. Once an account is terminated, the username used will not be available for use in future accounts.

3. Marketing Campaigns

3.1. FlipMail is a comprehensive service offering features for email, SMS, Viber, Web Push, chatbot campaigns for Facebook, Telegram, and WhatsApp, as well as an SMTP service, email verification service, FlipMail Landing Pages for website/landing page creation, and a CRM system for managing sales processes and communication channels. Access to these services is facilitated through the user's customer account.

3.2. Creation of Marketing Campaigns

3.2.1. Marketing campaigns encompass communications that are composed, recipient lists, and the process of dispatching these communications to subscribers. Users design the templates for these communications by selecting options provided by the Service, incorporating images, and composing texts.

3.2.2. Users are solely responsible for the content of their mailings, which must adhere to the guidelines established by the Service's Anti-Spam Policy. Failure to comply may result in the suspension of the user's account until the matter is resolved.

3.3. Mailing Lists

3.3.1. A FlipMail user is authorized to send communications exclusively to individuals who have granted explicit consent to receive such communications. Users must personally acquire recipient consent. If requested by the Service administration, users must provide evidence of recipient consent.

3.3.2. Before launching email campaigns, users may employ the FlipMail verification service (referred to as "email verifier") to validate mailing lists, identify and filter out invalid and non-existent email addresses. This service is designed for informational purposes and does not guarantee the absolute accuracy of the information obtained through email verification.

3.3.3. While email address verification heightens the likelihood of meeting moderation requirements when sending email campaigns, it does not guarantee compliance, as senders must also adhere to other stipulations of the Anti-Spam Policy.

3.3.4. The Service prohibits messaging to email addresses that have been labeled "invalid" following validation.

3.3.5. Users must ensure that subscribers have the means to opt out of further communications (typically via an unsubscribe link in the email). Users are further obligated to either add unsubscribers to a designated list or remove their contact details, as requested by individuals who wish to opt out of emails.

3.3.6. Utilizing unlawfully obtained subscriber databases and disseminating spam through the FlipMail service are strictly prohibited.

3.4. Dispatching Marketing Campaigns

3.4.1. User-generated email, SMS, Viber, Web Push, or chatbot campaigns for Facebook, Telegram, and WhatsApp are scheduled for delivery through the Service. Each campaign is queued for dispatch and undergoes a moderation process.

3.4.2. Moderation entails a review of emails conducted by Service personnel to verify the legitimacy of the subscriber base (in case suspicions arise regarding recipients who did not agree to receive mailings) and to ensure that email content adheres to all rules and regulations outlined in the Anti-Spam Policy.

3.4.3. The duration for moderation and email delivery is capped at a maximum of 24 hours.

3.4.4. In the event that an email fails to pass the Service's moderation, the user will be notified, and corrective measures will be initiated to address the issues preventing dispatch. In severe cases, the user's account may be temporarily blocked pending investigation.

3.4.5. Each email must feature an unsubscribe link, allowing subscribers to opt out of further communications. This link cannot be removed or concealed. If a user neglects to include an unsubscribe link in an email, the Service will automatically insert its standard link into the message. Failure to comply with this requirement is considered a breach of the Terms of Service.

3.5. Delivery of Marketing Campaigns

3.5.1. The timing of campaign deliveries to their intended recipients is subject to a variety of factors and conditions. FlipMail cannot be held responsible for campaigns that go undelivered to recipients or experience delays in delivery. Messages may encounter undelivered or delayed status for the following reasons: Recipient's mobile device is powered off or out of the mobile operator's coverage area. Recipient's email service employs the greylisting spam-blocking method and reports its refusal to accept the email. Email content is flagged as spam by the recipient's email service based on the server's Anti-Spam Policy and its interpretation of the term "spam." Recipient's inbox is full or the recipient's email server is encountering technical issues. The recipient's email server rejects the email due to the presence of blocked links (e.g., URLs on a blacklist or graylist). Unforeseen natural conditions or other force majeure circumstances may prevent email delivery and affect the functionality of FlipMail's hardware and software. Such conditions or circumstances encompass, but are not limited to, natural disasters, changes in laws or regulations, embargoes, war, acts of terrorism, civil unrest, fires, earthquakes, nuclear incidents, floods, labor strikes, power outages, volcanic activity, exceptionally severe weather conditions, and actions by hackers or third-party internet service providers.

3.6. Web Push Notifications

3.6.1. FlipMail offers the core features of web push notifications at no cost if your subscriber database contains fewer than 10,000 entries.

3.6.2. Henceforth, if you have refrained from using the web push service for an extended period, we may remove the records associated with your website and subscribers. This action may be taken if there have been no recent subscriptions or notifications during the last six months.

4. Additional Services

4.1. Additional services within FlipMail encompass offerings that extend beyond the fundamental functionalities of the Service. FlipMail's supplementary services include:

4.1.1. Designer Services: Crafting custom layouts for branded email designs.
4.1.2. Email Address Verification: A service for validating email addresses.
4.1.3. Website and Landing Page Creation: The capability to build and publish websites and landing pages.
4.1.4. CRM System: Tools for managing sales processes and communication channels.

4.2. All supplementary services are subject to additional charges in addition to the selected pricing plan (with the exception of the free plan). Users can find specific terms for these services either on the official company website (regarding terms of service for various offerings) or within dedicated documentation on supplementary services available in their FlipMail account.

5. Obligations of FlipMail Users

5.1. Users of FlipMail are obligated:

5.1.1. To maintain the confidentiality of their account username and password and prevent third-party access to their accounts.
5.1.2. To furnish accurate personal information to the Service.
5.1.3. To assume responsibility for the validity of all data uploaded to their Service accounts.
5.1.4. Not to employ purchased or unlawfully obtained subscriber databases for email communication.
5.1.5. Not to use the Service's online platform for sending unsolicited messages (spam).
5.1.6. To create emails in accordance with the stipulations outlined in the Anti-Spam Policy and the Terms of Service of FlipMail. In the event of user violations of the Terms of Service or other Service requirements, the administration reserves the right to suspend or permanently delete the user's account until the matter is resolved.
5.1.7. To provide recipients with the option to unsubscribe from emails at any time.
5.1.8. To engage in courteous and respectful communication when interacting with Service personnel.

5.2. Users possess the right to decline acceptance of the Service's Terms. In such an instance, access to FlipMail will be denied.

5.3. Users affirm and guarantee that they either own or possess the necessary permissions to utilize all materials included in their emails. Users maintain ownership of the materials they upload to the Service.

5.4. We may only use or disclose your information as specified in these Terms and our Privacy Policy.

5.5. Users assert and guarantee that their utilization of the Service will adhere to all applicable laws and regulations. Users are responsible for determining whether our services comply with regulations applicable to their use. Our Service may not be used for any unlawful or discriminatory activities.

5.6. Users assert and guarantee that, when establishing mailing lists, dispatching campaigns through any communication channel of the Service, and collecting information following campaign distribution, they:

5.6.1. Will provide a clear, written description of how they intend to utilize any collected data, including for the Service's use. They will obtain explicit consent to transmit data to FlipMail as part of this process and otherwise adhere to their posted privacy policy.
5.6.2. Have adhered to and will continue to comply with all applicable regulations, data protection, electronic communication, and privacy laws pertinent to the countries where they transmit communications via the Service.
5.6.3. Have collected, stored, utilized, and transferred all data concerning any individual in compliance with all relevant data protection laws and regulations. Users have secured the necessary permissions allowing us to receive and process data and convey communications on their behalf to that individual.
5.6.4. Agree to indemnify and hold us harmless against any losses, including legal fees, arising from their breach of any portion of these warranties.

6. Obligations of FlipMail

6.1. FlipMail is bound by the following obligations:

6.1.1. To grant users access to the online platform immediately upon their registration for the Service, in compliance with the Terms of Service.
6.1.2. To furnish users with the necessary functionality for creating and dispatching email, SMS, Viber, Web Push, and chatbot campaigns for Facebook, Telegram, and WhatsApp.
6.1.3. To ensure continuous access to the online platform with the username and password selected by the user.
6.1.4. To enable the possibility of evaluating the Service before payment for services.
6.1.5. To offer an assortment of billing plans without constraining the user's choice.
6.1.6. To inform users of modifications to billing plans.

6.2. The administration retains the right to implement changes to the interface and functionality of the FlipMail online platform and billing plans, with notifications of these updates sent to the user via email.

6.3. The administration also maintains the unilateral authority to amend the Terms of Service for the FlipMail service without prior notification to the user. These revised Terms of Service for the FlipMail service become effective upon publication on the company's official website.

7. Restrictions

7.1. The administration of FlipMail possesses the authority to prohibit or restrict the user from engaging in actions that contravene the Service's Terms of Service. Such actions may encompass those listed below, as well as activities that, in the estimation of Service personnel, violate the Terms of Service for the FlipMail service. FlipMail may also discontinue the provision of its services unilaterally, at its sole discretion, and without providing an explanation.

7.2. Users are prohibited from the following actions:

7.2.1. Uploading or using lists of email addresses or telephone numbers that have been purchased or acquired through unlawful means, including specialized programs for contact information retrieval.
7.2.2. Sending web push notifications via API when the shared link domain differs from the sender's domain.
7.2.3. Storing, processing, or disseminating information that runs contrary to the Anti-Spam Policy of the Service or infringes upon the laws of England or the laws of the recipient's country.
7.2.4. Attempting to collect information from the Service or the company's official website is strictly prohibited and subject to punishment.
7.2.5. Copying or utilizing any part of the Service or its access for commercial purposes is prohibited.
7.2.6. Sharing account access credentials with a third party or registering under another person's name without their knowledge and consent is not allowed.
7.2.7. Using any means, including fraudulent or illegal methods, to obtain the personal information of other FlipMail customers is prohibited.
7.2.8. Sending emails to recipients who have not provided consent for such communications or distributing information that infringes upon an individual's rights and freedoms is not permitted.

7.3. FlipMail does not extend its services to users from the Russian Federation. Such users are barred from registration, have limited access to the Service, and are not entitled to customer support. Campaigns linked to businesses in Russia may be blocked without explanation.

8. Disclaimer of Warranties and Liability

8.1. The administration of the Service disclaims any responsibility for user actions resulting from a failure to comprehend or a misinterpretation of the Terms of Service for the FlipMail service.

8.2. To the fullest extent permitted by law, you assume complete liability for any losses stemming from your utilization of the Service, including any downloads from the Service. We shall not be held accountable for any indirect, punitive, special, or consequential damages under any circumstances, even if such damages result from negligence or if we have been informed of the possibility of such damages. Our total liability for all claims related to the service in any given month shall not exceed the amount paid by you for the Service in the previous month.

8.3. To the maximum extent allowed by law, we provide the materials and the Service as is. This implies that we do not offer any warranties, whether express or implied, including but not limited to merchantability and fitness for a particular purpose. Given that our customers utilize FlipMail for a multitude of purposes, we cannot guarantee that it will satisfy your specific requirements.

8.4. The FlipMail service does not guarantee the accuracy of information received by campaign recipients through its Service. The Service solely provides tools and services for sending bulk email, SMS, Viber, Web Push, and chatbot campaigns for Facebook, Telegram, and WhatsApp. The user is responsible for the legality and accuracy of any information sent through the Service. The Service's administration reserves the right to hold the user accountable for actions deemed to be in violation of FlipMail's Terms of Service.

9. Anti-Spam Policy

9.1. General Conditions

9.1.1. We believe in the power of email, SMS, Viber, Web Push, and chatbots for Facebook, Telegram, and WhatsApp to deliver useful and requested information and are unequivocally against sending unsolicited messages.

9.1.2. Any registered FlipMail user is free to send campaigns to their friends, family, colleagues, clients, and contacts using our Service.

9.1.3. FlipMail strictly prohibits the transmission of SPAM messages via our Service at all times.

9.2. Our Definition of Illegally Collected Mailing Lists

9.2.1. A mailing list is considered legitimate if the recipient has provided their consent to receive email messages.

9.2.2. Unlawful methods of acquiring mailing lists include: Procuring or buying email addresses and phone numbers from a third party. Gathering email addresses and phone numbers from sources such as Yellow Pages, online directories, etc. Utilizing information extraction software to acquire email addresses and phone numbers. Collecting email addresses from business cards and questionnaires. Gathering email addresses during telephone conversations with customers, a method sometimes employed by sales managers. Collating email addresses that exhibit recipient roles, such as [email protected] or [email protected], among others.

9.2.3. We retain the right to request information regarding the mechanism employed by a user for adding contacts to their mailing list.

9.3. Our Definition of Spam

9.3.1. We consider SPAM to be any unsolicited, unexpected, or unwanted message sent to recipients with the intent of coercing valuables, misleading, or without their prior consent.

9.3.2. Messages must adhere to the following principles: No false, invalid, or misleading information is to be included in the subject line or the body of the message when utilizing FlipMail. Messages are not to be sent to recipients without their explicit prior consent. The message's content must transparently convey or illustrate the promoted service. Marketing campaigns must clearly identify the service provider (originator) and state the associated costs of the promoted service.

9.3.4. Sending messages to unlawfully gathered mailing lists via FlipMail SMTP servers is strictly forbidden. Additionally, utilizing a sender's email address registered as a temporary email address with any service is prohibited.

9.4. Our Definition of SMS Spam

9.4.1. We categorize SMS spam as any unsolicited, unexpected, or unwanted SMS text message sent to mobile subscribers with the aim of extracting valuables or misleading them, originating from someone not authorized to have the recipient's mobile number.

9.4.2. Our users are explicitly prohibited from using FlipMail Service to transmit SPAM. Their SMS messages must conform to the following principles: No false, invalid, or misleading information is to be included in the body of the SMS message when using FlipMail. SMS messages are not to be sent to mobile subscribers without their explicit prior consent. The message's content must transparently convey or illustrate the promoted service. Marketing campaigns must clearly identify the service provider (originator) and state the associated costs of the promoted service.

9.4.3. Sending messages to unlawfully gathered mailing lists via FlipMail SMS servers is strictly prohibited.

9.5. Prohibited Content

9.5.1. Our Service unequivocally prohibits spam or any form of offensive or illegal content. We do not permit: Email, SMS, Viber, Web Push, Facebook, Telegram, and WhatsApp chatbot campaigns that violate the CAN-SPAM Act. Sexually explicit messages. Hate speech. Marketing campaigns directed at a list of individuals without their consent.

9.5.2. We carefully scrutinize each profile to ensure that it aligns with our Terms of Service, which is essential for preserving deliverability across our entire client base. It is important to note that certain industries or niches tend to generate a higher volume of abuse and spam complaints than others. We are committed to safeguarding the reputation of our servers, which impacts each mailing profile.

9.5.3. Our Service does not accept campaigns or host websites associated with the following services, products, or content: Escort and dating services. Online and direct pharmaceutical sales, encompassing health and sexual well-being products, prescription and counterfeit drugs. Work-from-home, get-rich-quick, and lead generation schemes. Online trading, day trading tips, or content related to the stock market, including stock message board promotions. Pyramid schemes or multi-level channel, network, and referral marketing (MLM) used for prospecting or recruiting. Affiliate marketing. Debt collection, credit repair, and debt relief services. Mortgages and loans. Nutritional, herbal, and vitamin supplements. Adult novelty items or references. List brokers or list rental services. Illegal goods, pirated software, or media. Odds-making and betting/gambling services, including online poker, casino games, and college and professional sporting events. Political parties and organizations. Tobacco products. Alcohol products. Any religious content.

9.5.4. It is important that the content of your email campaign is clearly aligned with your sender email address and your domain. The Service's administration vigilantly monitors whether FlipMail's IP addresses or domains are blacklisted by popular RBL services. Email campaigns leading to the blacklisting of any of the Service's IP addresses or domains in RBL lists will result in immediate suspension.

9.6. Anti-Spam Policy Enforcement

9.6.1. Any evidence of users not adhering to this Anti-Spam Policy will lead to an immediate cessation of their spam message transmission, suspension of the Service, and may involve freezing of all funds until the matter is resolved.

9.7. Your Right to Cancel / Money Back Guarantee

9.7.1. You may cancel your account subscription within the FlipMail Service only until you have sent 200 email messages. If this limit is exceeded, the user account is considered fully active, and no refund will be applicable.

9.7.2. If your account is canceled or suspended due to SPAM complaints, no refund will be granted. Further details can be found in our Refund Policy.

9.7.3. It is essential to ensure that all recipients are permission-based emails (opt-in emails), meaning they have consented to receive email messages from you.

9.7.4. Sending emails to a list of email addresses generated automatically by email extraction software or using purchased email addresses for bulk mailings is strictly prohibited.

9.7.5. Your email must adhere to the requirements of the CAN-SPAM Act, including your valid physical address in each email sent for advertising, commercial, or informational purposes.

9.7.6. We retain the right to cease providing service and block user accounts in response to excessive complaints from even a single email campaign.

9.7.7. Inactive accounts, not used for 9 months, may be considered inactive, potentially leading to service cessation and account deletion.

9.7.8. Accounts blocked due to an excess of complaints are not eligible for a refund. The allowable threshold for non-existing addresses is 7%. If the number of non-valid addresses (non-existent or inactive addresses) surpasses this threshold, an email campaign may be blocked by Service moderators. To avoid such blockages, verify email addresses using FlipMail's email verification service or other verification services or programs before sending an email campaign.

9.7.9. We acknowledge that when sending bulk email messages, a certain number of complaints may occur. In accordance with our Service terms and conditions, we have defined the acceptable level of complaints as no more than 0.4% per sender domain for a single email campaign. Additionally, various factors such as the volume of sent emails, complaint ratios, and the types of complaints are taken into account. The number of unsubscribes should not exceed 1% of the mailing list. However, if your email campaign exceeds the permitted threshold, we reserve the right to block or terminate your account without providing a refund.

9.8. Reporting SPAM and Abuses

9.8.1. Should you encounter any instances of abuse or receive unwarranted or unsolicited messages, please promptly inform us. In your correspondence, kindly provide the spam email, along with the date and time of its receipt. These reports should be directed to [email protected]

9.8.2. Email addresses that are recipients of spam complaints will be temporarily suspended until the situation is investigated and resolved.

10. Choice of Law and Arbitration

10.1. The association between the company and the user, concerning the delivery of FlipMail services, is regulated by the laws of England, without consideration for its conflicts of laws provisions.

10.2. Any dispute or claim arising out of or in connection with it or its subject matter or formation of these Terms shall be governed by, and construed in accordance with, the laws of England. Each Party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

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