Terms of Service

1. The service

Email Marketing (“the Service”) is an email marketing platform operated by EVIA SOFTWARE SRL, registered under J38/629/2020, with its registered office at Str. Decebal 5A, Bl. S10, Sc. A, Et. 3, Ap. 12, 240265 Râmnicu Vâlcea, Vâlcea, Romania (“we”, “us”). The Service lets you store contacts, build segments, create campaigns, and send email through our delivery infrastructure.

By creating an account or using the Service you agree to these terms. If you are accepting them on behalf of an organisation, you confirm you have authority to bind that organisation.

2. Accounts and workspaces

• You must provide accurate registration details and keep your credentials secure.
• Data is organised into workspaces. Everyone you invite to a workspace can access its contacts and campaigns according to the role you assign (owner, admin, editor or viewer).
• You are responsible for everything done through your account, including by people you invite.
• You must be at least 16 years old, or the age of digital consent in your country, whichever is higher.
• One person or organisation may not operate multiple free workspaces to avoid plan limits.

3. Acceptable use

Email deliverability is a shared resource. Abuse by one customer damages every other customer’s ability to reach the inbox, so these rules are enforced strictly.

You must not use the Service to:

• Send to purchased, rented, scraped or otherwise harvested lists. This is the single fastest way to damage a sending reputation and is grounds for immediate termination.
• Send unsolicited commercial email, or email to anyone who has not given you a lawful basis to contact them.
• Send content that is unlawful, defamatory, fraudulent, deceptive, or that infringes anyone’s rights.
• Send phishing messages, malware, or content that impersonates another person or organisation.
• Disguise the origin of a message, forge headers, or use a From address you are not authorised to use.
• Remove, obscure or disable the unsubscribe mechanism, or fail to honour an unsubscribe request.
• Circumvent the suppression list, plan limits, or any technical restriction of the Service.
• Probe, scan or test the security of the Service without our prior written permission.
• Resell the Service without a written agreement with us.

We may investigate suspected violations and may remove content or suspend sending while we do. We report unlawful activity to the relevant authorities where required.

4. Your recipients and consent

You are the controller of the contact data you upload; we process it on your behalf. You are solely responsible for ensuring you have a lawful basis to email every recipient, and for keeping evidence of it.

• You confirm that each contact you upload has given consent, or that you have another lawful basis (such as an existing customer relationship) permitted in their jurisdiction.
• You must honour unsubscribe requests. The Service does this automatically, and you must not re-import an address that has unsubscribed in order to resume mailing it.
• Your campaigns must accurately identify you as the sender and include a valid postal address where the law requires one.
• You must comply with the law applicable to your recipients, including the GDPR and the ePrivacy rules in the EU, the CAN-SPAM Act and applicable state laws (such as the CCPA/CPRA) in the United States, and equivalent regimes elsewhere.
• For recipients in the United States, your campaigns must not use false or misleading header information or deceptive subject lines, must clearly identify the message as an advertisement where required, and must include a valid physical postal address, in addition to the unsubscribe requirements above.

5. Sending limits and suspension

Each plan includes a contact and monthly email allowance. Reaching a limit does not interrupt a send already in progress; new campaigns are blocked until you upgrade or the monthly counter resets.

We monitor bounce and complaint rates because our delivery providers require it. We may throttle, suspend or terminate sending, with as much notice as the circumstances allow, if:

• your hard bounce rate exceeds 5% of messages sent, or
• your spam complaint rate exceeds 0.1% of messages delivered, or
• we receive credible abuse reports about your sending, or
• your use threatens the deliverability or stability of the Service for other customers.

Where a suspension is not urgent we will contact you first and work with you to fix the underlying problem.

6. Fees and billing

• Paid plans are billed in advance, monthly or annually, in the currency shown at checkout.
• Fees exclude VAT and other applicable taxes unless stated otherwise.
• Upgrades take effect immediately and are prorated; downgrades take effect at the next renewal.
• You may cancel at any time. The plan remains active until the end of the period you have paid for, after which the workspace reverts to the free plan.
• We do not charge overage without asking you first.
• Except where required by law, fees already paid are non-refundable. If we terminate your account without cause we refund the unused portion of the period.
• We will give at least 30 days’ notice before a price change affects your renewal.

7. Intellectual property

We own the Service, including its software, design and documentation. You are granted a non-exclusive, non-transferable right to use it for the duration of your subscription.

You own your content: your contacts, campaigns, templates and brand assets. You grant us only the licence needed to host, process and transmit that content in order to provide the Service.

Feedback you send us may be used to improve the Service without obligation or compensation, and does not transfer any ownership of your content.

8. Your data

Our handling of personal data is described in the privacy policy, which forms part of these terms. For customers acting as a controller under the GDPR, a data processing agreement is available on request.

You can export your contacts and campaign history at any time. We do not delete your data automatically on cancellation, but we may delete it after a reasonable period following account closure, so export anything you need first.

9. Warranties and disclaimers

We provide the Service with reasonable skill and care, and we work to keep it available and secure. Beyond that, and to the extent permitted by law, the Service is provided “as is” without further warranties.

In particular, we do not warrant that every message will reach every inbox. Delivery depends on the receiving provider, your sending reputation, your content and your recipients’ settings: factors we influence but do not control. Open tracking is inherently approximate because mail clients and image proxies interfere with it.

10. Limitation of liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill or data arising from these terms.

Our total aggregate liability arising out of or in connection with these terms is limited to the fees you paid in the twelve months before the event giving rise to the claim.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

11. Termination

You may close your account at any time from the dashboard. We may suspend or terminate your account if you materially breach these terms, in particular the acceptable use rules, or if required by law.

On termination your right to use the Service ends. Provisions that by their nature should survive (fees owed, intellectual property, liability, governing law) continue to apply.

12. Changes to these terms

We may update these terms as the Service evolves. For material changes we will give at least 30 days’ notice by email or in the dashboard. Continuing to use the Service after the change takes effect means you accept the updated terms; if you do not, you may cancel before then.

13. Governing law

These terms are governed by the laws of Romania, and the courts of Romania have exclusive jurisdiction, without prejudice to any mandatory consumer protections available to you where you live.

14. Contact

Questions about these terms: contact@eviasoft.cloud, or write to EVIA SOFTWARE SRL, Str. Decebal 5A, Bl. S10, Sc. A, Et. 3, Ap. 12, 240265 Râmnicu Vâlcea, Vâlcea, Romania. To report abuse of the Service, use the contact form and select “Security”.