License agreement

This licence agreement is a binding agreement between Compubyte Limited (hereinafter "EmailMassivo") and the User, under which the User is granted the right to use the EmailMassivo web service (the "Service") for the purpose of carrying out mailings, in the manner and on the terms set out in this Agreement.

This Agreement constitutes a public offer addressed to an unlimited number of persons (a "public offer") and contains all essential terms. The User's acceptance of these terms gives this Agreement binding legal force. By clicking the "Create account" button, the User accepts the terms of the Agreement. Partial acceptance of the terms is not allowed. The fact of obtaining access to, as well as any use of, the Service without any exceptions or reservations is deemed to constitute unconditional confirmation that the User has read, understood and agreed to comply with the terms of the Agreement.

The User represents and warrants to EmailMassivo that, under the law of the User's jurisdiction, the User has reached the age that allows the User to independently enter into contractual relations, acquire the corresponding rights and obligations thereunder and bear liability as prescribed by law, and that, in the event of any limitations of the User's legal capacity, where required by applicable law, the User has obtained in advance the relevant consent of the User's legal representatives (or guardians) to accept this Agreement. Acceptance may be carried out on behalf of the User by a third party with the User's consent or where such person is the User's legal representative.

A mandatory condition for the use of the Service is the User's consent to the Service's Privacy Policy.

Before using the Service, EmailMassivo recommends that the User carefully read this Agreement in full. If the User does not meet the requirements of the Agreement, has not read, does not understand or does not agree with the terms of the Agreement, the right to use the Service cannot be granted to the User, and the User must refrain from accepting the Agreement and from any use of the Service.

Terms and definitions used in this Agreement shall be interpreted in accordance with the laws of the country of incorporation of EmailMassivo, business customs, and the established rules for interpreting the relevant terms on the Internet.

1. Subject of the Agreement

1.1. EmailMassivo hereby grants the User a simple (non-exclusive), personal (non-sublicensable), limited, revocable licence to use the Service for its direct functional purpose, in the manner and on the terms of this Agreement.

1.2. The scope of the rights (functional capabilities of the Service) granted to the User is determined by the tariff plan selected by the User.

1.3. Term of the licence granted to the User:

1.3.1. Within tariff plans that do not provide for payment – from the moment of acceptance of the terms of the Agreement and for an indefinite period, subject to continuous use of the Service.

1.3.2. Within tariff plans that provide for payment – from the moment funds are credited in favour of EmailMassivo and until the expiry of the term of the paid tariff plan.

1.4. The territory of the User's use of the Service is not limited (worldwide).

2. Rights and Obligations of the Parties

2.1. The User undertakes to:

2.1.1. Use the Service in a manner not prohibited by applicable law and this Agreement.

2.1.2. Provide full and accurate information about the User when completing the registration procedure. If the User's data changes after completion of the registration procedure, the User undertakes to promptly and independently update the relevant data. EmailMassivo does not assume any obligation to verify the accuracy and completeness of the data provided by the User and shall not be liable for any losses of the User or of third parties due to any discrepancy between the information provided by the User and the actual data.

2.1.3. Ensure the confidentiality of the User's account login details (login and password) from third parties and to change them in a timely manner in case of loss or compromise. EmailMassivo treats any actions performed using the User's account, where access was obtained by using the correct login details for the account, as actions performed directly by the User.

2.1.4. Regularly review up-to-date information on changes to the Agreement, the cost of tariff plans, and the list of functional capabilities of the Service available upon payment of the respective tariff plans.

2.1.5. Ensure compliance with the applicable law on personal data when processing personal data of message recipients whose messages are sent by the User, as well as compliance with the applicable advertising law in relation to the content of messages sent.

2.1.6. Respond to requests from EmailMassivo within the time limits specified in such requests. Failure to respond within the time limits set in the request is regarded by us as the provision by the User of inaccurate contact details during the registration procedure, which constitutes a breach of this Agreement.

2.1.7. Obtain the recipient's consent to receive a message prior to sending any message to that recipient. Upon receipt by the User of a corresponding request from EmailMassivo, the User undertakes to provide EmailMassivo with the consents of the recipients of the messages sent by the User.

2.1.8. Send messages to recipients only on the User's own behalf.

2.1.9. Include in every message sent a link enabling the recipient to unsubscribe from further messages. The User is not entitled to mask or hide this link.

2.1.10. Not include in the address database recipients who have not consented to receive mailings from the User, and to remove from the address database recipients who have refused to receive messages.

2.2. The User has the right to:

2.2.1. Contact technical support regarding registration, operation of the Service and restoration of lost access to the Service at [email protected] , as well as via the User's account. EmailMassivo reserves the right to refuse to provide technical support in case of inappropriate behaviour by the User when communicating with technical support specialists.

2.3. EmailMassivo undertakes to:

2.3.1. Provide the User with the right to use the Service on the terms of the Agreement, twenty-four (24) hours a day, seven (7) days a week, including weekends and public holidays, within the limits of the tariff plan selected by the User.

2.3.2. Use reasonable efforts to ensure the stable operation of the Service, its improvement and the correction of errors in the operation of the Service.

2.3.3. Provide technical support to the User regarding registration, operation of the Service and restoration of lost access to the Service. EmailMassivo does not provide advice on legal matters, configuration of hardware, software or Internet access, or any other matters not directly related to the operation of the Service.

2.3.4. Ensure an appropriate level of security for the User's registration data in accordance with the Privacy Policy accepted by the User and applicable law.

2.3.5. Forward to the User communications received from third parties regarding information contained in messages sent by the User. The User hereby instructs us to process the personal data of such third parties on behalf of and in the interests of the User.

2.4. EmailMassivo has the right to:

2.4.1. Terminate the User's access to the Service in the event of a breach of the terms of the Agreement or failure to fulfil payment obligations.

2.4.2. Terminate the User's access to the Service in the event that the User creates a critical load on server equipment and/or interferes with the stable operation of the Service, and/or creates other threats to the Service entailing or creating a risk of negative consequences in any form for the server equipment, the Service and users of the Service.

2.4.3. Suspend the operation of the Service for the time required to carry out scheduled maintenance and repair work on the equipment. EmailMassivo does not assume any obligation to notify the User in advance of any upcoming suspension of the Service, but will seek to do so in a manner convenient for EmailMassivo.

2.4.4. Send to the User advertising and informational messages to the email address or mobile phone number indicated during the registration procedure, regarding offers, promotions, events related to the Service and new products, contact the User for the purpose of checking the quality of the Service, send messages containing important information relating to the use of the Service, as well as other information which, in our opinion, may be of interest to the User.

2.4.5. Request from the User information and copies of documents proving the User's identity upon receipt of requests from the User related to the processing of their personal data, restoration of access to the Service, for the purpose of protecting our interests and the interests of third parties, and upon receipt of requests for information from authorised public authorities and persons where EmailMassivo in good faith believes that applicable law requires EmailMassivo to provide such information.

2.4.6. From time to time provide updates to the Service. Such updates are designed to improve the Service and may be provided in the form of separate bug fixes, feature enhancements, additions of new features or new versions of the Service. The content of Service updates is determined by us at our sole discretion. The User agrees to receive such updates and authorises us to provide them.

2.4.7. Conduct promotions under which EmailMassivo offers the purchase of tariff plans on special conditions, including with the User receiving gifts, discounts or promotional codes from our partners. Gifts, discounts or promotional codes received by the User under a promotion are gratuitous only upon full use of the tariff plan to which the promotion applied. In case of a request for a refund, the refund amount is calculated as the remaining funds minus the value of the gratuitous benefits received.

2.5. Warranties of the Parties:

2.5.1. The User warrants that:

the User holds all rights in respect of the materials included in the messages being sent, including images, videos, audio files, texts and other materials, or that the User has obtained the relevant consents for the lawful use of such materials;
the information included in the messages being sent is accurate, does not infringe the rights and legitimate interests of third parties and does not violate applicable law;
the User has obtained all necessary consents and/or authorisations to conduct the User's activities using the Service, where such consent and/or authorisation is required under applicable law.

3. Financial Terms

3.1. The amount of remuneration payable to EmailMassivo for granting the User the right to use the Service is determined based on the cost of the tariff plan selected by the User and its term.

3.2. The current cost of tariff plans, as well as the list of Service functions that are accessible subject to payment for a tariff plan, is published in the relevant sections of the Service designated for the purchase of Service tariff plans.

3.3. Tariff plans are purchased by the User on the condition of full prepayment. The User independently chooses a payment method from among the options provided in the relevant sections of the Service designated for the purchase of Service tariff plans.

3.4. EmailMassivo's obligations to grant the User the right to use the Service within the functional capabilities conditioned upon payment of the relevant tariff plans are deemed fulfilled at the moment the User is granted access to such functional capabilities, regardless of whether the User actually exercises the granted right or not. Accordingly, a paid tariff plan will only expire upon the end of the paid period; cancellation of a tariff plan that has already been paid for is impossible, and the tariff fee paid is not subject to refund or exchange. The User also cannot obtain compensation for any unused but paid period of a tariff plan in the event of the User's refusal to use the Service (revocation of the licence), withdrawal of consent to the processing of personal data or termination of access to the Service due to a breach by the User of the terms of the Agreement. Each request for a refund from the User will be considered on an individual basis, depending on the circumstances of the situation, and EmailMassivo reserves the right to vary the refund terms in specific cases where EmailMassivo deems this necessary.

3.5. Use of the Service under a paid plan is subject to automatic renewal of such plan with automatic charging of funds in the amount required for its renewal, under the terms of the original order previously paid by the User. Automatic renewal of the plan and automatic charging of funds are activated after each payment of the plan made by the User by entering payment details (manual payment). The plan is automatically renewed unless automatic renewal with automatic charging of funds is canceled at least 24 hours before the expiration of the paid plan. The price of the plan is determined as of the renewal date and may differ from the price of the previously paid plan. In the event that there are insufficient funds to renew the plan, a repeated attempt to automatically charge the funds will occur on the date the plan expires; if unsuccessful, further attempts to charge the funds will be repeated on a weekly basis.

3.6. You may disable automatic renewal of the plan with automatic charging of funds in the account settings.

3.7. In the absence of payment required to renew the selected paid plan, the User’s use of the Service shall be carried out under the terms of a plan that does not require payment.

3.8. EmailMassivo has the right unilaterally and without prior notice to change the cost of tariff plans, as well as to change the list of functional capabilities of the Service that become available upon payment for the relevant tariff plan. Changes to the cost of a tariff plan and the list of functional capabilities of the Service that become available upon payment for the relevant tariff plan will not apply to tariff plans that have already been paid for by the User.

3.9. If tariff plans are paid for by a bank card belonging to an individual, where the payer is a legal entity, no supporting documentation will be issued to the legal entity.

4. Prohibited Actions

4.1. The User is prohibited from:

4.1.1. Using the Service to:

organise the sending of SPAM messages;
intentionally send messages that may lead to disruption of the Service's operability;
send messages of an offensive or defamatory nature;
send messages of a pornographic nature;
send messages that mislead recipients, for example, messages sent on behalf of another person or containing false information;
send messages containing malicious software;
send messages that infringe exclusive or copyright rights of third parties;
send messages containing advertising of pyramid schemes, medicinal products, narcotic substances, tobacco or alcohol products, or services of an intimate nature;
send messages included in lists of extremist materials, or that promote or justify terrorism, extremism, Nazism, incitement of religious, racial, ethnic or interethnic hatred, or violations of applicable law and public order;
send messages containing threats to life and health, as well as messages encouraging the infliction of harm to life and health, persecution, harassment or incitement to suicide;
send messages that insult the honour and dignity of a person, harm business reputation, contain slander or obscene language;
send messages containing information that is not permitted to be disclosed by law or by contractual obligations (information constituting state, commercial, banking or medical secrets, personal data).

4.1.2. Use the Service in any manner not expressly provided for by this Agreement.

4.1.3. Use the Service for the illegal sale of narcotic and psychotropic substances, explosives, weapons and ammunition, or for the sale of other goods or services whose sale is prohibited or restricted by law.

4.1.4. Mislead any person by misappropriating another person's identity for the purpose of intentionally causing damage or for any other selfish purpose.

4.1.5. Compromise the integrity of the Service's security system, exploit any vulnerabilities of the Service, attempt to bypass technical restrictions established by the Service, gain unauthorised access to other Users' accounts, or cause harm to the software and hardware components of the Service and to Users' devices.

4.1.6. Remove, hide or modify the mandatory Service copyright notice (links to our official website in the form of text or images) and any notices of exclusive and copyright rights included in the Service and its components.

4.1.7. Use the Service to distribute malicious software, to hack or aggregate personal data ("phishing"), to distribute doorway pages, code that opens a new window (popUp, popUnder), to conduct automatic mass mailings of any content without the consent of recipients ("spam", including any forms of search engine spam), "chain letters", multi-level marketing schemes, including Internet earning schemes, or information provoking a chain reaction in the sending of messages.

4.1.8. Carry out unlawful processing of personal data of data subjects.

4.1.9. Use the Service for any other unlawful purpose.

4.2. The fact of committing prohibited actions by the User may result in the User being held liable as prescribed by law.

5. Applicable Law

5.1. EmailMassivo complies with the laws of the Republic of Cyprus and gives no guarantee that the Service or any part of it is available for use in any other jurisdiction.

5.2. By accepting the terms of this Agreement, the User confirms the User's consent that legal relations related to the use of the Service shall be governed by the laws of the country of incorporation of EmailMassivo, without regard to conflict of law rules. The User hereby assumes responsibility for complying with the laws of the country of incorporation of EmailMassivo, as well as any other law applicable to the User.

5.3. EmailMassivo has the right to restrict access to the Service, in whole or in part, to any person, territory or jurisdiction at any time and at its sole discretion. Access to the Service from territories where the Service is recognised as unlawful, or may be used only on the basis of a special authorisation and/or licence, is prohibited.

5.4. Upon receipt of an official request submitted in accordance with the procedure prescribed by applicable law, EmailMassivo will cooperate with authorised authorities in any investigation of alleged illegal activities related to the use of the Service.

6. Liability

6.1. EmailMassivo will seek to ensure the operability of the Service; however, the Service is provided to the User on an "as is" basis, and EmailMassivo does not warrant uninterrupted operation, error-free functioning, or immunity from the effects of malicious software, destruction, alteration or theft of information, or unauthorised access by third parties.

6.2. EmailMassivo shall not be liable for failure to perform or improper performance of its obligations due to failures in telecommunications and power networks, accidents at equipment locations, actions of malicious software, or bad faith actions of third parties aimed at unauthorised access to and/or disabling of the software and/or hardware complex of the Service.

6.3. EmailMassivo shall not be liable in the event of inoperability or incorrect operation of the Service on the User's device, or incompatibility of the Service with other applications installed on the User's device. To minimise the risk of such situations arising, the User should use the latest versions of the device software.

6.4. The Service is intended for personal purposes and is used by the User at the User's own risk. EmailMassivo does not guarantee that the User will achieve any results and shall not be liable for any losses incurred as a result of the use of the Service. EmailMassivo disclaims all warranties, express or implied, that the Service will meet the User's expectations regarding its use.

6.5. In no event shall EmailMassivo be liable for any direct, indirect, punitive, fiscal or other losses, loss of profit or any other damage related to the User's use of the Service.

6.6. The above limitations do not reduce or exclude EmailMassivo's liability in connection with gross negligence, fraud or wilful, criminal acts. The laws of some jurisdictions do not allow the limitation or exclusion of liability for incidental or indirect losses, and therefore some of the limitations of liability provided for in this Agreement may not apply to a particular User. Nevertheless, to the maximum extent permitted by applicable law, the limitations and exclusions set out in this section shall apply.

6.7. The Service is integrated with various third-party services and applications. The Service only provides the capability to access such third-party services/applications. All issues related to the use of such third-party services/applications are governed by the terms of use of the respective third-party services/applications and are resolved directly between the administrators of the third-party services/applications and the User.

6.8. The User bears full personal responsibility for the content and compliance with applicable law of all materials placed in messages sent using the Service, including software, texts, photographs, audio and video files, etc.

6.9. In the event of a breach by the User of any of the terms of the Agreement, we reserve the right to revoke the User's right to use the Service by blocking the User's account.

6.10. The User undertakes to compensate EmailMassivo for all losses and expenses incurred as a result of the User's breach of this Agreement, any applicable law or damage caused to third parties.

6.11. The User is responsible for keeping confidential the User's authorisation data (login and password) required to access the User's account.

6.12. The User is independently responsible for the lawfulness of any actions taken by the User in connection with the placement, storage and distribution of information using the Service. The User must bear full responsibility in the event of violations of advertising legislation in accordance with the legislation applicable to the User.

7. Term of the Agreement

7.1. The Agreement enters into force upon the User's acceptance of the terms of the Agreement in the manner specified in the Agreement and remains in force for an indefinite period.

7.2. EmailMassivo reserves the right at any time and at its sole discretion, unilaterally, out of court, with or without notice, temporarily or permanently to revoke the User's right to use the Service (by blocking the User's account) or to restrict access to the User's account, where EmailMassivo in good faith believes that the User has breached the terms of the Agreement or that such action is necessary under applicable law/changes in applicable law, as well as in other cases provided for by the Agreement.

7.3. The decision to revoke the User's right to use the Service (by blocking the User's account) and to restrict access to the User's personal website is final and not subject to review.

7.4. The User may at any time refuse the right to use the Service granted to the User. EmailMassivo recognises such refusal and deletes the User's account upon the occurrence of one of the following events:

7.4.1. Receipt from the User of a statement refusing the right to use the Service granted to the User;

7.4.2. Receipt from the User of a withdrawal of consent to the processing of the User's personal data. EmailMassivo undertakes to delete the User's account within a reasonably necessary period for this purpose, but no later than the period established by applicable law.

7.5. From the moment the User's account is deleted, the right to use the Service is deemed terminated. Deletion of the User's account may result in the destruction of all information associated with such account. EmailMassivo may continue to store data about the User where applicable law imposes such an obligation on EmailMassivo.

7.6. EmailMassivo reserves the right to amend the Agreement by updating it on the page where it is published. EmailMassivo does not assume any obligation to provide notice of such amendments, and therefore the User undertakes to independently monitor amendments to the Agreement by visiting from time to time the page where the Agreement is published. Any amendments to the Agreement take effect from the moment of their publication on the relevant page. The User accepts the terms of the Agreement as amended each time the User uses the Service. If the User does not agree with the amendments made to the Agreement, the User must immediately cease using the Service.

8. Confidentiality

8.1. Processing of the User's personal data is carried out in accordance with applicable personal data legislation and with the Privacy Policy accepted by the User.

8.2. The User confirms to EmailMassivo the User's consent to the processing of personal data in accordance with the provisions of the GDPR.

9. Dispute Resolution

9.1. Any claims, requests and other correspondence must be sent by the User to the email address [email protected] or to the postal address 9 Vasili Michailidi, 3026, Limassol, Cyprus.

9.2. Technical support is provided in English from 10:00 to 18:00 (GMT+2) on business days.

9.3. EmailMassivo reserves the right not to respond to claims, requests and other correspondence sent by persons whose identity cannot be identified (anonymously) or in any manner other than those specified above.

9.4. Claims and requests are considered by EmailMassivo within a period reasonably necessary for their consideration, taking into account the complexity of the matter.

9.5. The User agrees that all disputes arising out of or in connection with the Agreement shall be submitted to the exclusive jurisdiction of the courts at the place of EmailMassivo's registration/incorporation and shall be resolved in the manner provided for by the applicable law of the country of incorporation of EmailMassivo.

9.6. The User agrees that filing joint and/or collective claims and actions against EmailMassivo is not considered an appropriate or permissible means of protecting Users' rights, where this is permitted by applicable law. Accordingly, the User undertakes not to participate in any joint and/or collective claims and actions against us.

10. Final Provisions

10.1. The legal relations of the Parties in connection with the performance of the Agreement are governed by the applicable law of the country of incorporation of EmailMassivo, without regard to conflict of law rules.

10.2. If the User has any questions regarding legal rights and obligations, or any lack of understanding of the terms of the Agreement or of applicable law, before accepting the terms of the Agreement the User must consult a qualified specialist. EmailMassivo does not provide legal advice or recommendations regarding applicable law or requirements that apply to the User or to third parties, nor regarding the User's compliance with the requirements of applicable law.

10.3. The User may not assign the User's rights and obligations under the Agreement without the prior consent of EmailMassivo.

10.4. EmailMassivo may assign its rights and obligations under the Agreement to a third party without any changes to the rights or obligations of the User under the Agreement.

10.5. Each provision of the Agreement operates separately. If one or more provisions of the Agreement becomes invalid, the remaining provisions shall continue in full force and effect.

10.6. The Agreement is drawn up in English and may be translated into other languages for the User's convenience. The User may review other language versions of the Agreement by changing the Service's language settings. In the event that a translation of the Agreement from English into another language is in any part inconsistent with another version, the English version shall prevail.