Terms of service
GENERAL TERMS AND CONDITIONS OF USE OF THE PLATFORM
Art. 1. (1) These General Terms and Conditions are intended to regulate the relationship between Emailpoint Group Ltd, UIC 207188514, with registered office and registered address in the city of Sofia. Sofia 1404, Triaditsa district, ul. Louis Ayer 2, et. 10, hereinafter referred to as the "Provider", and the persons who are granted the free use of the "EmailPoint" software platform ("Platform"), located at https://app.emailpoint.net/, hereinafter referred to as the "Users".
(2) By entering into an agreement to use and access the Platform, Users agree to be bound by these Terms and Conditions and any subsequent changes thereto and agree to abide by them.
II. PROVIDER DETAILS
Art. 2. (1) Provider Information:
1. Emailpoint Group Ltd.
2. Headquarters and registered office. 2. 2, St. Louis Ayer, tel. 10
3. Address for business activity. 2. Louis Ayer 2, et. 10
4. Correspondence data. 4. Louis Ayer 2, et. 10, Email: firstname.lastname@example.org, Tel: +359 897 95 38 90
5. UIC 207188514 in the Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency
6. Registration under the Value Added Tax Act No. BG 207188514
(2) Supervisory bodies:
Commission for Personal Data Protection
Address. Personal Data Protection Authority, Sofia, ul. "(in Bulgarian) Sofia: 15 Ivan Evstatiev Geshov Str.
Tel.: (02) 940 20 46
Fax: (02) 940 36 40
Email: email@example.com, firstname.lastname@example.org
Commission for Consumer Protection
Address. 1000 Sofia, pl. "Slaveykov Str. 4A, floors 3, 4 and 6
Tel.: 02/ 980 25 24
Fax: 02/ 988 42 18
Hotline: 0700 111 22
III. SERVICE CHARACTERISTICS
Art. 3. (1) The Provider undertakes to make available to the User for use the Platform for sending e-mails (emails) to addressees selected by the User, in accordance with the subscription plan chosen at registration, depending on the number of addressees. The EmailPoint Platform includes the following:
1. Creation of a personal account on the Platform with an email and password selected by the User to access and use the Platform.
2. Creation and maintenance of mailing lists (subscribers) depending on the subscription plan selected.
3. Creation of campaigns for sending e-mails to the addressees, with content selected and entered by the User.
4. Statistics on the development of campaigns, sent e-mails, activity of the addressees.
5. Technical support.
(2) For the services under par. (1) The User undertakes to pay to the Provider a monthly remuneration, payable in the amount and within the terms determined depending on the subscription plan chosen by the User upon registration.
IV. USE OF EMAILPOINT
Art. 4. (1) In order to use the Platform to send e-mails (emails), the User shall create an account by entering an email address, username and password.
(2) By registering and creating an account on the Platform, the User declares that he/she is familiar with these Terms and Conditions, agrees with their contents and undertakes to comply with them unconditionally. By clicking the "Register" button and checking the "I have read and agree to the Terms and Conditions" button, the User's profile is created and a contractual relationship is established between the User and the Provider.
(3) The Provider confirms the registration made by the User by sending a letter to the email address specified by the User upon registration.
(4) When registering, the User undertakes to provide correct and up-to-date data. The User undertakes to promptly update the data provided in the registration in the event of a change.
Art. 5. (1) The Provider shall provide the User with access to an administrative panel for remote use of the Platform.
(2) The User shall operate the Platform through the administrative panel and by legitimizing himself with his access data.
(3) In the event of a forgotten access password, the User can recover his password using the email address with which he registered, through the procedure provided by the Provider in these cases.
Art. 6. (1) The User is entitled to use the Platform in good faith and for its intended purpose only for sending e-mails (emails) to addressees who have given their express consent to receive these e-mails or receive them on another legal basis.
(2) When using the Platform, the User must not use software, scripts, programming languages or other technologies that could create difficulties in its use by other users.
(3) The User undertakes not to use the Platform to send:
data, messages, text, computer files or other materials that contravene Bulgarian and European legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics or good morals and that violate the rights of third parties such as:
copyrights or related rights, trademarks, patent or other intellectual property rights, proprietary rights, as well as any other property or moral rights or legitimate interests of third parties;
constituting trade, business or personal secrets or other confidential information;
software or other computer files that contain viruses or other risky programs or components thereof that create a cyber-risk to the recipients of the emails as well as to the security of the Platform;
materials with pornographic or otherwise illegal content;
data, messages, text, computer files or other materials containing a threat to human life and physical integrity, advocating discrimination, preaching fascist, racist or other undemocratic ideology, the content of which violates human rights or freedoms under the Constitution and laws of the Republic of Bulgaria or international instruments, calling for a violent change of the constitutionally established order, committing a crime, etc.
(4) The User warrants that it will not send unsolicited commercial messages to its addressees - natural persons ("SPAM").
(5) The User may send unsolicited commercial messages to its addressees - legal entities only on condition that it designates the same as unsolicited commercial messages and that the addressees are not included in the public electronic register of persons not wishing to receive unsolicited commercial messages maintained by the Consumer Protection Commission or the relevant competent authority in the country where the addressee of the message is established.
(6) The User shall independently guarantee and ensure the compliance with the requirements of the Bulgarian and European legislation in force of the activity carried out by him and the use of the software Platform.
(7) The User undertakes to use the Platform in a manner that does not infringe the rights of third parties, including trademark, design and other intellectual property rights.
Art. 7. (1) In order to improve the quality of the Platform, perform maintenance, inspection, troubleshooting and other related activities, the Provider shall have the right to temporarily restrict or suspend the use of the Platform.
(2) In the cases referred to in par. (1), the Provider shall be obliged to promptly restore the provision of the Platform after the circumstance that caused the suspension has ceased.
Art. 8. When using the Platform, the Provider grants the User the right to use designs, templates, forms, visual and graphic elements for creating e-mails in the User's campaigns.
Art. 9. (1) When providing the services on the Platform, the Provider shall necessarily provide an unsubscribe option in the sent e-mails, which the User may not remove.
(2) The User is responsible for including in the content of the sent e-mails all of its policies, terms and conditions and other information that by law should be provided to users.
Art. 10. At any time before, during or after the provision of the Platform, the Provider shall have the right to require the User to identify himself and to verify the veracity of each of the circumstances and personal data declared at the time of registration.
Art. 11. (1) The Provider undertakes to provide the use of the Platform, along with preventive maintenance, maintain and update the Platform in order to ensure its quality operation and use in accordance with the declared functionality.
(2) The Provider shall provide the Platform in accordance with the announced specifications and shall not be responsible for its compliance with new operating systems, browsers or technologies on the Internet.
(3) Notwithstanding par. (1) and (2), the Provider shall be entitled to make unilateral changes to the functionality and interface of the Platform without prior notification or coordination with the User.
(4) The Provider shall promptly notify the User by email of upcoming maintenance, suspension of access to the Platform, as well as security breaches, hacker attacks, data leaks and the like.
(5) The Provider is obliged to fix errors and malfunctions in the Platform within 2 hours of notification by the User. In the event of technical or organizational impossibility to meet this deadline, the Provider shall notify the User of the need to extend the deadline for troubleshooting and shall make reasonable efforts to fix the problem in a timely manner.
(6) The Provider has no control over the profiles used for the operation of the Platform that are used by the User. For the avoidance of doubt, the Provider shall only be obliged to ensure the technical and software functioning of the Platform and shall not perform any actions with the information contained in the profiles beyond those specified by the User.
(7) The Provider shall not use intellectual property objects that infringe third party rights in the production and supply of templates, images, forms and other visual elements that the User may use.
(8) The Provider may send to the User electronic messages regarding updates to the Platform, proposals for amendments to the terms of the subscription plan, promotions, new services, etc.
(9) The Provider undertakes not to use the email addresses of the recipients of the User for purposes other than those for which the User uses the Platform.
Art. 12. In cases of non-performance of the contract concluded between the Provider and the User or of these General Terms and Conditions, violation of the principles of good morals in the use of the Platform, non-payment of due remuneration and other circumstances that the Provider considers to threaten the use of the Platform or the rights and interests of third parties, the Provider shall have the right to temporarily limit or suspend the provision of the Platform.
Art. 13. (1) The User undertakes, when using the Platform, not to send e-mails to e-mail addresses of persons who have not given their express consent to receive these e-mails or receive them on any other legal basis, respectively to discontinue sending upon withdrawal of consent or termination of the basis.
(2) The Provider, after notifying the User, shall be entitled to discontinue sending e-mails to given e-mail addresses that have sent a complaint about receiving unsolicited commercial messages ("SPAM").
(3) In the event that a recipient of emails from the User unsubscribes from receiving emails by clicking on the "Unsubscribe" button, his/her email address will automatically be excluded from the User's campaign.
Art. 14. (1) The User may not grant third parties access to the Platform.
(2) The User is obliged to use domains to which he has rights for the purpose of operating the Platform.
Art. 15. The User is entitled to notify the Provider of errors and malfunctions in the Platform by email or telephone.
Art. 16. The User shall have the right to be promptly notified by the Provider of any request or complaint received from an addressee of the User against the receipt of electronic messages from the User.
Art. 17. (1) The Provider shall not be held liable for the User's actions when using the Platform, and in the event of a complaint, signal or reasonable suspicion that the User is using the Platform in breach of the concluded contract, these General Terms and Conditions, the law or the rules of morality and good morals, the Provider may restrict or suspend the User's access.
(2) The Provider is not responsible for the content of the emails sent, which is created by the User.
(3) The Provider shall not be liable to third parties who claim pecuniary or non-pecuniary damages in connection with the User's use of the Platform.
(4) The User undertakes to indemnify and hold harmless the Provider against any legal claims and other claims of third parties (whether or not justified), as well as in administrative proceedings, for all damages and expenses (including attorney's fees and court costs) arising out of or in connection with 1) the failure to perform any of the obligations under this Agreement, 2) the infringement of copyright, production, broadcasting or other intellectual or industrial property rights, 3) the wrongful transfer to others of the rights of the
Art. 18. (1) The Provider shall not be held liable in the event of inability to provide connectivity or operation of the technical equipment during a certain period of time due to force majeure, fortuitous events, Internet connection problems, technical or other objective reasons, including orders of the competent state authorities.
(2) The Provider shall not be liable for the time during which the Platform is unavailable due to force majeure or unlawful acts of third parties affecting the security of the Platform, as well as due to orders of competent state authorities.
Art. 19. (1) The Provider shall not be held liable in cases of external overcoming of the security measures of the technical equipment through which the Platform is provided and consequent loss of data or information, dissemination of information, access to information, restriction of access to information, modification of information entered by the User, etc.
(2) The Provider shall not be held liable in the event of providing access to information, loss or change of data or parameters of the Platform occurring as a result of false legitimation of a third party posing as the User, if it can be inferred from the circumstances that this person is the User.
Art. 20. In the event that the User suffers damages as a result of acts or omissions of the Provider related to the provision of the use of the Platform, the Provider shall indemnify the User, but by no more than the equivalent of three monthly installments, according to the subscription plan in force.
VI. PRICES AND METHOD OF PAYMENT
Art. 21. (1) The User shall pay to the Provider a monthly fee for the use of the Platform in accordance with the subscription plan selected upon registration, depending on the number of recipients.
(2) The Provider shall issue and send the User an invoice by email or publish it in the User's account on the Platform within the terms set out in the contract concluded between them.
(3) The User shall pay the monthly remuneration due for the current month within the period specified in the contract concluded between them by transferring the amount to the Provider's bank account specified in the invoice.
(4) In case of mutual agreement, the User may prepay for the use of the Platform for a certain period of time, for which the Provider shall issue the relevant invoice, which the User shall pay in the manner and within the period specified in the contract concluded between them.
Art. 22. This contract shall be terminated in the following cases:
1. Upon expiry of the term for which it was concluded;
2. By mutual consent of the parties in writing;
3. In the event of non-payment by the User of the price for more than 1 (one) consecutive month in accordance with the chosen subscription plan.
Art. 23. (1) Either party shall have the right to terminate the contract early at any time by giving one month's written notice to the other party, including by email.
(2) In the event that the User has prepaid the price for a subsequent period, the termination of the contract shall take effect upon expiry of the prepaid period. In this case, the User may not demand a refund of the prepaid amounts from the Provider.
(3) The Provider shall have the right to unilaterally terminate the Contract at its own discretion, without notice and without compensation, if it finds that the User is using the Platform in violation of this Contract, legislation in the Republic of Bulgaria, generally accepted moral norms or generally accepted rules of morality and good morals. In this case, the Provider shall not be liable for damages to the User.
VIII. AMENDMENT AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
Art. 24. (1) These General Terms and Conditions may be amended by the Provider, for which the Provider shall notify all registered Users of the Platform in an appropriate manner, including by publishing a notice on the Platform and/or notifying the User at the email address provided by the User upon registration.
(2) The Provider and the User agree that any amendment or modification of these General Terms and Conditions shall be effective against the User upon notification by the Provider in accordance with para. 1 and if the User does not declare within the 14-day period granted to him that he rejects them.
Art. 25. The Provider shall publish these General Terms and Conditions on the Platform's website, together with any additions and amendments thereto, and shall undertake to maintain an up-to-date version of the General Terms and Conditions.
IX. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
Art. 26. (1) The Provider collects, processes and stores personal data in connection with the provision of the use of the Platform in compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) and the Personal Data Protection Act, and in accordance with the adopted Mandatory Information on the Rights of Individuals on the Protection of Personal Data, available at the address of the Platform.
(2) The Provider, as a personal data controller, collects, processes and stores the User's personal data on the basis of Art. 6 par. 1, б. "b" of Regulation (EU) 2016/679 for the purpose of contract performance.
(3) The Provider, as a processor, collects, processes and stores personal data of the addressees of the User on the User's behalf, in the performance of its obligations under the contract concluded with the User and for the purpose of providing the functionality of the Platform.
(4) The Provider shall ensure that the data processed by it under paragraphs 2 and 3 are stored in a safe and secure environment, taking the technical and organizational measures necessary to prevent security breaches accordingly.
Art. 27. The User declares and guarantees that the data of the addressees that it enters on the Platform are collected and processed in accordance with the applicable data protection legislation.
Art. 28. The Provider and the User shall conclude a Personal Data Processing Contract on the basis of Article 28 of Regulation (EU) 2016/679, which shall regulate between them additional conditions for the processing of personal data and the resulting obligations.
Art. 29. (1) The Provider and the User undertake not to disclose to third parties the terms agreed in the contract concluded between them for the provision of the use of the Platform.
(2) The disclosure of confidential information referred to in par. 1 is permissible in the following cases:
The information is disclosed with the prior written consent of the other party;
The information has been disclosed in order to comply with the requirements of a regulatory act, an act of a judicial or administrative authority or in connection with the party's participation in judicial or administrative proceedings, and the party undertakes to make efforts to limit the disclosure of the information to the extent permitted by law and the rules of the administrative or judicial proceedings;
The information is publicly available.
(3) Information exchanged between the Provider and the User in connection with the performance of the contract concluded between them shall be protected under the Trade Secrets Protection Act, unless the same is made publicly available by the Provider.
X. INTELLECTUAL PROPERTY RIGHTS
Art. 30. (1) All content on the Platform, including all published texts, images, photographs, interface elements, programming code and trademarks, except those created by the User, are the exclusive property of the Provider or he has exclusive rights to use them, and their use in any form without the express prior written consent of the Provider is prohibited.
(2) The User shall have the right to use the intellectual property objects provided by the Provider for use on the Platform, subject to the terms and conditions of this Agreement, and upon termination of this Agreement, all rights to use the intellectual property objects related to the use of the Platform shall terminate.
(3) The User shall not be entitled to access the programming code of the Platform and any attempt by the User to access, copy or modify the programming code of the Platform shall be deemed a material breach of this Agreement.
Art. 31. (1) In the event of an infringement or suspected infringement of the Provider's intellectual property rights, the Provider shall be entitled to suspend temporarily or permanently the User's use of the Platform, in which case the Provider shall not be liable for any damage or loss of the User's information.
(2) In the event of infringement of the Provider's intellectual property rights, the Provider shall be entitled to full compensation for the damages caused by the User.
XI. DISPUTE RESOLUTION
Art. 32. In the event of a complaint by the User to the Provider about non-compliance of the Platform with these General Terms and Conditions, the Provider shall respond to the complaint within 14 working days.
Art. 33. In the event of any disputes between the parties concerning this contract, the disputed matters shall be resolved amicably through negotiations between the parties.
(2) If the parties are unable to resolve the disputed issues through negotiations pursuant to par. 1, all disputes arising out of or relating to this contract, including disputes arising out of or relating to its interpretation, invalidity, performance or termination, as well as disputes concerning the filling of gaps in the contract or its adaptation to newly arising circumstances, shall be referred to the competent court in the Republic of Bulgaria and shall be settled in accordance with the Bulgarian legislation in force.
XII. OTHER PROVISIONS
Art. 34. (1) The parties agree that all communications between them may be made in electronic form, including by email, and that communications need not be signed with an electronic signature to be binding on the parties.
(2) All letters, notices and communications will be deemed to have been duly received by email on the date on which the sending party sent the relevant letter, notice or communication to the email address of the other party.
Art. 35. In the event of a conflict between these Terms and Conditions and the provisions of a special contract between the Provider and the User, the provisions of the special contract shall prevail.
Art. 36. The possible invalidity of any provision of these General Terms and Conditions shall not invalidate the entire contract.
Art. 37. The laws of the Republic of Bulgaria shall apply to any matter not provided for in this contract relating to the performance and interpretation of this contract.
These General Terms and Conditions shall come into force for all Users of the EmailPoint Platform from 01.01.2023.