EASYMAILING CLOUD SERVICES, S.L., (hereinafter, "EASYMAILING") is a company that, among other activities, is engaged in managing, administering and processing emails and email databases through its EASYMAILING PLATFORM (hereinafter, the "PLATFORM").
The CUSTOMER is interested in contracting EASYMAILING's services for the purpose of having EASYMAILING manage the sending of electronic messages via email to the email addresses in the CUSTOMER's Database.
ONE. – Purpose
The purpose of these Terms and Conditions of Use is to regulate the conditions under which EASYMAILING will provide the CUSTOMER with its services through the PLATFORM.
The services that EASYMAILING will provide to the CUSTOMER shall consist of the management of sends and reporting analysis through (i) the sending of emails to the email addresses in the CUSTOMER's Database and (ii) the provision to the CUSTOMER of delivery data, opens, clicks, unsubscribe requests from recipients and the virality of each send.
Likewise, the description of the Easymailing service, its technical features, and the various contracting arrangements are set out on the PLATFORM https://easymailing.com/
The use of the PLATFORM is also governed by EASYMAILING's Privacy Policy, Cookie Policy and Anti-Spam Policy, published on the Website, which the CUSTOMER declares to know and accept and which form an integral part of these Terms and Conditions. Failure to comply with the Anti-Spam Policy shall be deemed a breach of contract for the purposes of Clause Fourteen (Suspension and Termination).
TWO. – Platform Management
The CUSTOMER must create a profile via a login by completing a registration form, where they will be required to enter an email address, password, first name, surname, company name and application domain.
EASYMAILING will proceed to assign a login and password to the CUSTOMER for access to the resources and applications available to them in Easymailing. Said login and password enable the CUSTOMER's authentication for access to the PLATFORM, which EASYMAILING makes available to them. EASYMAILING uses this system to identify, authenticate and verify the identity of the CUSTOMER.
Once successfully registered on the PLATFORM, the CUSTOMER must complete a series of forms in accordance with their preferences (time zone, language, industry sector, currency).
From that point on, the CUSTOMER will be able to create their first audience, design the first email and set the title of their first campaign (this title being private and not visible to subscribers).
Furthermore, under the "Audiences" section, the CUSTOMER may create a distribution list. In this section the CUSTOMER must include the general details of the Audience: title, a description that will serve to remind subscribers where they subscribed and the type of emails they will receive. The sender's details (CUSTOMER) will also be set out, including a reply-to email address, as well as the company details that the CUSTOMER wishes subscribers to see when the campaign is sent to them (company name, address, postcode, city, province, country, telephone, website, logo, as well as the details of the data controller).
The sending of emails (generally, commercial communications) may be carried out directly by the CUSTOMER through the PLATFORM, or the CUSTOMER may request EASYMAILING to carry out such sends on behalf of and for the account of the CUSTOMER, always in accordance with the CUSTOMER's directions or instructions.
In the event that EASYMAILING carries out sends on behalf of the CUSTOMER, the CUSTOMER must import into the PLATFORM the specific text of the message to be disseminated, as well as the updated Database containing the recipients' first names and surnames and the email addresses to which the message is to be sent.
The PLATFORM makes available to the CUSTOMER different templates depending on the themes and layouts desired by the CUSTOMER, and in accordance with their subscription plan. The CUSTOMER will also be able to track clicks, track opens, publish to archive, publish on Social Networks, among other functions.
Furthermore, should the CUSTOMER wish to activate conversations with Users or subscribers, tracking in Google Analytics, publishing on Twitter or publishing on Facebook, each of the aforementioned features must be activated individually, as they are subject to specific paid rates.
In this regard, the CUSTOMER may create and design their own templates for campaigns, or use the templates and resources that EASYMAILING makes available through the Easymailing PLATFORM. In each email message sent through the Easymailing service, the CUSTOMER acknowledges and accepts that an identifying footer message stating "Powered by Easymailing" or a similar message may be automatically added to the bottom of the message.
THREE. – Price and payment method
The price of the services provided by EASYMAILING, as well as the payment method, shall be determined in accordance with the details set out on the PLATFORM, in the "Account: Subscription Plans" section:
Free: The FREE account subscription is limited to 250 subscribers and allows 2,000 emails to be sent each month free of charge.
Starter Rate: The amount payable by the CUSTOMER will vary depending on the number of subscribers contracted. From a starting price of €17.00/month.
Business Rate: The amount payable by the CUSTOMER will vary depending on the number of subscribers contracted. From a starting price of €38.00/month.
Premium Rate: The amount payable by the CUSTOMER will vary depending on the number of subscribers contracted. From a starting price of €85.00/month.
Annual Rate: Offers the option of annual advance payment with a 20% discount on the price of any of the Starter, Business or Premium rates.
Pay-as-you-go Rate: The CUSTOMER will pay according to the sends they wish to contract. Within this subscription plan there are different packages available. Should the CUSTOMER be interested in a bespoke Plan, the PLATFORM offers exclusive plans tailored to CUSTOMERS' preferences.
You can view our rates on our website
Payment for Easymailing services under the Starter, Business and Premium rates will be made monthly; said rates will be charged in advance at the beginning of each billing period, based on the number of subscribers contracted. Payments must be made by credit/debit card, direct debit or another payment method acceptable to Easymailing.
Payment for Easymailing services under the Pay-as-you-go rate will be made in advance by debit/credit card or bank transfer or another payment method acceptable to Easymailing.
EASYMAILING will issue the corresponding invoice detailing all items comprising said invoice. It is the CUSTOMER's obligation to ensure that their account has sufficient funds to avoid the return of receipts issued by EASYMAILING.
In the event of a receipt being returned by the CUSTOMER's bank, the costs of re-issue and bank management that EASYMAILING must incur shall be borne by the CUSTOMER.
EASYMAILING reserves the right to temporarily suspend the service in the event of any incident in the collection of payment for the service and/or for non-payment until such incident is resolved. If the CUSTOMER fails to make payment following prior notice of temporary suspension, this will result in the permanent termination of the service for breach of contract on their part.
The amounts of the prices stipulated in these Terms and Conditions of Use may be subject to revision by EASYMAILING, and the CUSTOMER must be notified of such modification before it is affected by the change in the next invoice to be issued. The CUSTOMER shall be entitled to rescind this contract, cancelling any outstanding debt at that date, and the date of rescission shall be taken as the maturity date of payments made in advance.
In the event that the CUSTOMER does not renew the service by paying the corresponding amount at the start of a new billing period, Easymailing will proceed to automatically suspend the service without the need for additional prior notice. Resumption of the service will be subject to payment of the amounts owed plus any management costs that may be incurred.
FOUR. – Term and renewal
The service shall have a term of 1 year from the date of contracting, automatically renewable for periods of equal duration, unless express written notice is given by either party to the other communicating its intention not to renew the service, provided that such notice is given at least 30 calendar days before the expiry date.
Notwithstanding the foregoing, EASYMAILING may cancel the Easymailing service contracted by the CUSTOMER by means of written notice to the CUSTOMER at least ONE (1) calendar month in advance, setting out the reasons for such cancellation and offering the CUSTOMER, where applicable, the opportunity to remedy them.
FIVE. – Additional services requested by the CUSTOMER
Any other additional services and developments provided by EASYMAILING to the CUSTOMER, other than the services referred to in these Terms and Conditions, are excluded from the agreed price.
SIX. – Platform licence of use
For the provision of its services, EASYMAILING grants the CUSTOMER a non-exclusive licence to use the PLATFORM. Said licence is strictly personal in nature, meaning that only the CUSTOMER may make use of it, and it may not be transferred to a third party on any basis whatsoever, nor assigned in whole or in part, under penalty of termination of the service.
In this regard, the CUSTOMER undertakes to use the PLATFORM in accordance with these Terms and Conditions. In particular, the CUSTOMER warrants (i) to use the PLATFORM for the purpose permitted by EASYMAILING and to provide sufficient guarantees to apply appropriate technical and organisational measures; (ii) not to sell, assign, sublicense, distribute, exploit and/or commercialise the PLATFORM, nor to use it for the benefit of third parties; (iii) not to modify, disassemble, translate, lend, distribute, decompile, or otherwise interfere with the operation of the PLATFORM.
SEVEN. – Contractual obligations
7.1 Obligations to be fulfilled by the CUSTOMER
The CUSTOMER undertakes to:
Provide EASYMAILING with all data that EASYMAILING requires for the performance and development of the service.
Not make any copy of systems belonging to EASYMAILING.
Guarantee that any information provided to EASYMAILING is complete, up to date and in the agreed format, and to comply with and respect each of the conditions of use of the Easymailing service.
Not use the contracted services for acts contrary to good faith or to current legislation: the publication or transmission of any content that, in accordance with legislation currently in force in Spain, is violent, obscene, abusive, illegal, racist, xenophobic or defamatory, or that infringes the intellectual property rights of third parties.
Not use the domain mail server and email addresses for the purpose of carrying out unsolicited commercial communications, nor for sending large-volume emails with the aim of blocking EASYMAILING's server.
Comply with the remuneration arrangements agreed between the Parties, as specified in these Terms and Conditions of Use and on the PLATFORM.
Maintain the confidentiality of the login and password, which are the identifiers required for access to the PLATFORM. The CUSTOMER must make proper use of this data and must not communicate it to third parties, and shall be liable, both civilly and criminally, in the event that any breach thereof causes damage to the systems of EASYMAILING or of third parties.
7.2 Obligations to be fulfilled by EASYMAILING
EASYMAILING undertakes to:
Fulfil the professional responsibilities arising from the provision of the Easymailing service that is the subject of this contract, committing to perform the same with all available technical and human resources, and bringing all its expertise and professional capacity to bear on this work.
EASYMAILING reserves the right to temporarily interrupt the contracted service for technical repairs and equipment maintenance, as well as for the improvement of its own services.
EASYMAILING cannot guarantee that the availability of hosting services will be continuous and uninterrupted during the term of the contract, due to the possibility of problems on the Internet network, failures in server equipment and other unforeseeable contingencies.
EASYMAILING will make backup copies of the content hosted on its servers but is not responsible for the accidental loss or deletion of data. Likewise, EASYMAILING does not guarantee the full restoration of this data, as during the time elapsed between the last backup and the deletion, the data may have changed.
7.3 IP Blocks by External Providers:
Easymailing shall not be liable for IP blocks caused by the policies of external providers, blacklists, anti-spam filters or other blocking mechanisms outside Easymailing's control. Notwithstanding the foregoing, Easymailing undertakes to make all reasonable efforts to contact the affected providers and attempt to unblock the affected IPs, provided that such actions are feasible and do not contravene the providers' policies.
In the event that the CUSTOMER is using practices that may be considered abusive or that breach the acceptable use policies established by external providers, Easymailing reserves the right to temporarily suspend the service until the CUSTOMER adopts the corrective measures necessary to comply with such policies.
EIGHT. – Service availability and interruption
Service Availability: Access to the PLATFORM is available 24 hours a day, every day of the year, it being expressly accepted by the CUSTOMER that EASYMAILING has only a best-efforts obligation and reserves the right to suspend or limit access to the service, in particular in the following cases:
For PLATFORM maintenance needs, including the implementation of updates, improvements or fixes.
For the improvement and installation of new features or services on the PLATFORM.
For the verification, audit or review of the operation and use of the PLATFORM.
To resolve any technical incident in the event of a fault or imminent risk of a fault.
In the event of detection of sending practices not permitted by the CUSTOMER that could result in IP blocks, inclusion in blacklists, restrictions by external providers or anti-spam filtering.
In the event of receiving notification from any service provider, blacklists or anti-spam filters indicating that the CUSTOMER has breached acceptable use policies or has engaged in abusive practices that could affect the reputation of the IPs or domains managed by Easymailing. Abusive practices and acceptable use policies shall be defined on the basis of standards established by email service providers, blacklists or anti-spam services. Easymailing may provide the CUSTOMER with a detailed report of the breach, where applicable.
Exclusion of Liability for Interruptions:
In no event shall EASYMAILING owe the CUSTOMER any compensation or payment of any amount as a consequence of service interruptions arising from the circumstances contemplated in section 1, including, but not limited to:Interruptions due to scheduled or unscheduled maintenance.
Improvements, audits or verifications of the PLATFORM.
Technical incidents, infrastructure failures or connectivity problems.
IP blocks or restrictions by external providers, blacklists or anti-spam filters.
Suspension of the service due to prohibited or abusive sending practices by the CUSTOMER.
Limitations Arising from IP Blocks:
Easymailing does not guarantee service availability in the event of IP blocks, traffic restrictions, external provider policies or inclusion in blacklists. In the event that a service interruption occurs due to an IP block, Easymailing will notify the CUSTOMER and take reasonable corrective measures to attempt to restore the service, provided that such actions do not contravene the affected provider's policies.Acceptance of Service Limitations:
The CUSTOMER acknowledges and accepts that:
The characteristics and limitations of the Internet may affect the availability and continuity of the service.
The confidentiality of data transmitted over the Internet cannot be fully guaranteed, and such data may be intercepted by malicious users.
Service response times may be affected by technical problems, infrastructure failures or network congestion.
The PLATFORM uses complex and advanced features that may not have been tested in all possible configurations, and therefore unexpected incidents or incompatibilities may arise in certain environments or circumstances.
NINE. – Technical Support
EASYMAILING will provide technical support in relation to the Services during office hours of 10:00–14:00 and 16:00–19:00 Monday to Thursday and 09:00–15:00 on Fridays, except public holidays in the city of Madrid. To contact the support team, the CUSTOMER must access the help centre: http://ayuda.easymailing.com/hc
In the event of a temporary service interruption, EASYMAILING will make every effort to ensure that such interruptions affect the CUSTOMER as little as possible, and shall not be liable for the damages caused by them, in accordance with the provisions of clause Eight.
TEN. – Content of communications
The CUSTOMER may send commercial communications through the PLATFORM on their own account, or may request EASYMAILING to carry out sends through the PLATFORM on behalf of and for the account of the CUSTOMER, always in accordance with the CUSTOMER's directions or instructions.
In the event that EASYMAILING carries out sends on behalf of the CUSTOMER, the CUSTOMER must import into the PLATFORM the specific text of the message to be disseminated, as well as the updated Database containing the recipients' first names and surnames and the email addresses to which the message is to be sent.
In this regard, the CUSTOMER may create and design their own templates for campaigns, or use the templates and resources that EASYMAILING makes available through Easymailing. In each email message sent through the Easymailing service, the CUSTOMER acknowledges and accepts that an identifying footer message stating "Powered by Easymailing" or a similar message may be automatically added to the bottom of the message.
The content of the message shall be understood to mean all material to be sent to the end users of the CUSTOMER's Database through the PLATFORM, including trademarks, logos and any other content. In this regard, the CUSTOMER grants EASYMAILING the exploitation rights over the content, creative works or material created by the CUSTOMER exclusively for the provision of the contracted services.
In particular and without any limitation, the CUSTOMER undertakes not to use the service for immoral or illegal purposes, nor to send messages or commercial communications whose content includes:
Illegal, immoral, threatening, abusive, defamatory, blasphemous, obscene, pornographic or profane information.
Non-permitted content, including, without limitation, any communication that constitutes or may constitute criminal behaviour, give rise to civil liability or that violates any national law, local or international provisions.
False or misleading information, including any material contrary to any Code of Conduct or any false statement with respect to the products or services offered by the CUSTOMER.
Viruses, trojans, worms, or any other similar programming routines that are harmful.
Information that incites users to participate in lotteries, gambling and/or games of chance.
Information that promotes violence and/or that includes, without limitation, sexual violence or violence against animals and people.
Information that promotes or facilitates the consumption of tobacco and/or drugs, firearms or explosives.
The CUSTOMER expressly accepts that any trademark, logo, trade name, creative work, text, image or content included in the specific text of the message to be disseminated is the property of the CUSTOMER, or if not, that the CUSTOMER holds all intellectual property rights, industrial property rights or related rights contained in Real Decreto Legislativo 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Act (Ley de Propiedad Intelectual), regularising, clarifying and harmonising the legal provisions in force on the matter.
The CUSTOMER undertakes to hold EASYMAILING harmless from any loss, claim, penalty, damages, liability and/or costs in connection with any infringement of any Intellectual or Industrial Property Right of a third party that the CUSTOMER suffers as a result of the contracted services, as well as in connection with the Message Content or the sends carried out under the service.
ELEVEN. – Data Protection
The parties declare that they are aware of and comply with European and Spanish legislation on the protection of personal data, and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation — GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights.
The personal data Database used for the dissemination of information is the exclusive property of the CUSTOMER, as data controller, a status that is not altered by the performance of the service.
Notwithstanding the foregoing, in order to manage the PLATFORM and for EASYMAILING to send the emails, it will be necessary for the CUSTOMER to grant EASYMAILING access to the data contained in the Database. To that end, the data belonging to the CUSTOMER will be replicated on EASYMAILING's servers, so that EASYMAILING may have access to it and provide the contracted service. All of this in accordance with the privacy and data protection conditions set out in this Clause.
11.1 Obligations of the CUSTOMER
The CUSTOMER declares compliance with the principles established by the legislation in force on the protection of personal data, and in particular warrants:
Compliance with the duty of information established in the data protection regulations, such that the personal data contained in their database has been obtained from the data subjects themselves and/or with their express consent by means of the completion of online forms, having been informed prior to the collection of their personal data in a free, specific, informed and unambiguous manner of: a) the existence of a database or processing of personal data, the purpose of its collection and the recipients of the information; b) the consequences of providing or refusing to provide the data; c) the possibility of exercising the rights of access, rectification, erasure, objection, right to be forgotten, right to data portability and right to restriction of processing through the corresponding requests; d) responding to requests from users or subscribers without undue delay and at the latest within one month, and explaining their reasons in the event that such requests are not to be complied with; e) the identity and address of the CUSTOMER in its capacity as data controller.
That users have been informed of the explicit and legitimate purposes for which the CUSTOMER will use their data, including the carrying out of advertising campaigns regarding products and services of the CUSTOMER by electronic means in accordance with the provisions of Ley 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI — Spain's e-commerce and e-communications law). In this regard, the CUSTOMER warrants having informed users, where applicable, about purposes related to advertising and commercial prospecting activities, including the specific sectors of activity in respect of which they may, where applicable, receive information or advertising.
Compliance with the requirements established by personal data protection regulations in relation to the exercise of the rights of access, rectification, erasure, objection, right to be forgotten, right to data portability and right to restriction of processing, which belong to the users who are the owners of the personal data, and warrants that it properly manages said exercises, and in particular warrants (a) that, up to the date of delivery or making available of the Data, the data subjects have not exercised the right of erasure, rectification, objection, right to be forgotten, right to data portability and right to restriction of processing or have not refused the processing of their data for the sending of electronic communications. In this regard, the CUSTOMER ensures that the list of email addresses to be sent to is up to date and that all addresses of data subjects who have requested to "unsubscribe" have been removed from said list; (b) that users are offered the possibility of objecting to the processing of their data for promotional purposes through a simple and free procedure, both at the time of data collection and in each commercial communication directed to them, unless the parties agree that EASYMAILING shall manage user unsubscribes; (c) that, in the event that such management is carried out by the CUSTOMER, the CUSTOMER must include on the PLATFORM an email address of the CUSTOMER or another valid electronic address where this right may be exercised, and the sending of communications that do not include said address is prohibited.
That, where applicable, compliance with the provisions of the personal data protection regulations establishing the requirements that must be guaranteed in order to carry out processing for advertising and commercial prospecting activities is ensured.
That the common opt-out databases for commercial communications are periodically consulted in order to avoid processing data of users who have expressed their objection or restriction to the processing of their data.
That the CUSTOMER has implemented the appropriate security measures in accordance with data protection regulations and that, where European or Spanish regulations apply to the CUSTOMER, said security measures are recorded in a Record of Processing Activities, which is known and mandatory for the CUSTOMER's staff.
That the CUSTOMER will not use or introduce, through the PLATFORM or its AI-assisted features, personal data of special categories as provided for in Article 9 of the GDPR (health, religion, sexual orientation, biometric data, political opinions, trade union membership, ethnic origin, etc.), identification document data (national identity documents, passports, social security numbers), third-party financial data, nor any other particularly sensitive information subject to specific sectoral regulations (for example, protected medical data). Liability for the improper use of these types of data through the PLATFORM shall rest exclusively with the CUSTOMER.
That the CUSTOMER shall be the sole party to set the identifying parameters of their marketing campaign or in relation to the recipients of the commercial communications. The CUSTOMER undertakes not to instruct EASYMAILING to carry out data processing that is contrary to EASYMAILING's privacy policy or to the data protection regulations in force, assuming any liability for the services or actions that the CUSTOMER requests EASYMAILING to perform in relation to the processing of its database.
In any event, the CUSTOMER warrants to EASYMAILING compliance with the provisions of the LSSI and, in this regard, the CUSTOMER undertakes to adopt the necessary measures to require compliance with the obligations of information and consent in relation to "cookies" in accordance with the provisions of the LSSI. The CUSTOMER shall be liable to third parties, to EASYMAILING and to the recipient users of commercial communications for any damages and losses, including sanctions imposed by the Spanish Data Protection Agency (Agencia Española de Protección de Datos) or the body replacing it, arising from breaches of these conditions or of the data protection regulations, expressly releasing EASYMAILING from any improper processing that EASYMAILING may carry out in accordance with the CUSTOMER's instructions.
11.2. Obligations of EASYMAILING
For the provision of its services, EASYMAILING may have access to the CUSTOMER's Database.
In accordance with the provisions of the current data protection regulations, EASYMAILING's access to the personal data contained in the CUSTOMER's databases shall not be considered a communication or transfer of data, since such access, and the corresponding processing, is necessary in order to perform the contracted Service. Consequently, EASYMAILING shall be considered the "data processor" of the CUSTOMER's data and, accordingly, EASYMAILING undertakes to:
Process the data in accordance with the CUSTOMER's instructions and not to apply or use it for any purpose other than that set out in the agreement between the Parties, nor to communicate or transfer the data, even for storage purposes, to other parties without the CUSTOMER's consent. In this regard, EASYMAILING shall not be liable in any case for the processing of data carried out by EASYMAILING in accordance with the instructions requested by the CUSTOMER.
Host the main infrastructure of the Platform and the CUSTOMER's Database on systems located within the European Economic Area (EEA). Certain ancillary services (error monitoring, artificial intelligence features and payment processing) may involve international transfers of data to countries outside the EEA, which shall be carried out exclusively with the appropriate safeguards provided for in Chapter V of the GDPR, in particular the Standard Contractual Clauses approved by the European Commission (Implementing Decision (EU) 2021/914), the UK International Data Transfer Addendum and, where applicable, the provider's adherence to the EU-US Data Privacy Framework. The full list of sub-processors and their locations is published in the Privacy Policy accessible on the Website and is kept permanently up to date.
Guarantee that persons authorised to process personal data are subject to a confidentiality obligation.
Adopt the necessary technical and organisational measures established in the current data protection regulations, as well as any other implementing provisions, to assist the CUSTOMER so that it can fulfil its obligation to respond to requests aimed at exercising the rights of access, rectification, erasure, objection, right to be forgotten, right to data portability and right to restriction of processing.
Delete or return, once the provision of services has ended and at the data controller's election, any personal data to which access may have been obtained under the contracted service. Furthermore, EASYMAILING will delete existing copies unless the retention of personal data is required under applicable data protection legislation.
Immediately inform the CUSTOMER if, in EASYMAILING's opinion, an instruction infringes this Regulation or other data protection provisions.
Not subcontract with a third party the processing without the CUSTOMER's prior written authorisation. To that end, by accepting these Terms and Conditions, the CUSTOMER grants EASYMAILING a general authorisation to engage the sub-processors listed in the Website's Privacy Policy. EASYMAILING will publish, with a minimum advance notice of 30 calendar days, any addition, replacement or material change of sub-processors on that same page. During said period, the CUSTOMER may object to the change by sending written notice to dpo@easymailing.com. In the event of a reasoned objection, the Parties shall seek in good faith an alternative solution; if this is not possible, either Party may terminate the contract with respect to the affected service.
Likewise, EASYMAILING undertakes to provide the CUSTOMER with all the necessary technical data required to enable the use and full benefit of the PLATFORM, as well as to cooperate with the CUSTOMER's staff in order to maximise the use and benefit of the PLATFORM.
11.3 – Security Incident Notification:
In the event that EASYMAILING becomes aware of a security breach affecting the personal data processed on behalf of the CUSTOMER, EASYMAILING will notify the CUSTOMER without undue delay and, in any event, within a maximum period of 72 hours from the time it becomes aware of such breach. The notification shall include the available information regarding the nature of the breach, the categories and approximate number of data subjects and records affected, the possible consequences and the measures taken or proposed to mitigate it. EASYMAILING will reasonably cooperate with the CUSTOMER so that the CUSTOMER can comply with its own notification obligations to the supervisory authority and, where applicable, to the data subjects.
11.4 – AI-Assisted Features:
The Platform incorporates optional features assisted by generative artificial intelligence models (hereinafter, "AI Features") that help the CUSTOMER to create campaigns, generate and optimise texts, configure automations, create templates, produce reports and carry out other auxiliary tasks within the administration panel.
a) Provider. The AI Features are provided through the sub-processor OpenAI Ireland Ltd. (and, where applicable, its affiliates), with whom EASYMAILING has entered into a Data Processing Agreement (DPA) incorporating the Standard Contractual Clauses 2021/914 (Modules 2 and 3) and the UK International Data Transfer Addendum.
b) Voluntary activation. The AI Features are always voluntarily activated. No data will be transmitted to the AI provider without an explicit action by the CUSTOMER requiring it.
c) No training. In accordance with OpenAI's API usage policies, data transmitted through the AI Features is not used to train or improve its models.
d) Human oversight. Content generated by the AI Features is indicative in nature and must be reviewed and validated by the CUSTOMER before use, publication or sending. Final responsibility for the content and for decisions made on the basis of AI outputs rests entirely with the CUSTOMER.
e) Prohibition on sensitive data. The CUSTOMER undertakes not to include, in the requests or prompts sent to the AI Features, personal data of special categories (Art. 9 GDPR), identification documents, third-party financial data or any other particularly sensitive information. Breach of this obligation shall entail the exclusive liability of the CUSTOMER.
f) Disclaimer. EASYMAILING shall not be liable for any damages that may arise from the CUSTOMER's use, interpretation or application of content generated by the AI Features, nor for any errors, inaccuracies or biases that such content may contain. The CUSTOMER assumes ultimate responsibility for the content that it ultimately publishes or sends.
TWELVE. – Intellectual Property
All rights over the content, design, software and source code of the PLATFORM and, in particular, by way of example but not limited to, all rights over the photographs, images, texts, logos, designs, trademarks, trade names, data included on the PLATFORM and any other intellectual and industrial property rights are the property of EASYMAILING, or of third parties who have expressly authorised EASYMAILING to use them on its PLATFORM.
Therefore, and pursuant to the provisions of Real Decreto Legislativo 1/1996, of 12 April, approving the consolidated text of the Intellectual Property Act (Ley de Propiedad Intelectual), regularising, clarifying and harmonising the legal provisions in force on the matter, as well as Ley 17/2001, of 7 December, on Trademarks, and the supplementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including making available, of all or part of the contents of the PLATFORM on any medium and by any technical means is expressly prohibited, unless express authorisation is granted by EASYMAILING.
EASYMAILING does not grant any licence or authorisation of any kind for the use of its intellectual and industrial property rights or any other property or right related to the PLATFORM, and in no case shall access to and browsing of the PLATFORM by Users be understood to imply a waiver, transfer, licence or total or partial assignment of said rights by EASYMAILING.
Any use of such content not previously authorised by EASYMAILING shall be deemed a serious breach of intellectual or industrial property rights and shall give rise to the liabilities established by law.
THIRTEEN. – Confidentiality
All information, whether data, databases, procedures or documents exchanged by the Parties in any format or by any means, shall be treated by the receiving Party with absolute confidentiality, and the receiving Party undertakes not to disclose, deliver or transfer it on any basis, nor to use it for purposes other than those established in these Terms and Conditions.
Both parties undertake to adopt the necessary measures and precautions to preserve the secret nature of the other party's confidential information, in the same way as they habitually adopt for their own confidential information, in order to prevent access by unauthorised third parties. Likewise, confidential information shall be communicated only to those employees who, by virtue of their role, are directly involved in the provision of the service.
The Confidentiality obligation shall remain in force indefinitely after the end of the service.
FOURTEEN. – Suspension and Termination
EASYMAILING reserves the right to temporarily suspend the service or to terminate the contract immediately upon notification to the CUSTOMER in the following cases:
14.1 Grounds for Suspension of the Service:
The CUSTOMER is using the Service in a manner not permitted by these Terms and Conditions.
Breach of the obligations established in the following clauses:
Clause Three: Price and payment method.
Clause Seven: Contractual obligations of the CUSTOMER.
The performance of the Services is contrary to the law, morality, public order, any Code of Conduct or any industry practice.
The CUSTOMER does not have the necessary consent from the recipients of the messages sent in accordance with applicable regulations.
The CUSTOMER is granting a third party access to the service or a third party is benefiting from the contracted service.
Easymailing receives notification from any internet service provider or similar organisation indicating that the CUSTOMER has breached acceptable standards regarding email abuse.
IP Blocks:
Easymailing may temporarily suspend the service in the event that IP blocks are detected caused by prohibited sending practices, blacklists, provider restrictions or anti-spam filtering policies.
This suspension may be maintained until the CUSTOMER adopts the necessary corrective measures or until Easymailing manages to unblock the affected IPs, where this is feasible and does not contravene the affected provider's policies.
In the event that the CUSTOMER does not adopt corrective measures within a reasonable period, or if the blocks persist due to repeated prohibited sending practices, Easymailing reserves the right to terminate the contract early.
Suspension for Repeated IP Blocks:
In the event of suspension of the service due to IP blocks caused by repeated practices not corrected by the CUSTOMER, Easymailing will send a notice to the CUSTOMER indicating the corrective measures to be implemented.
The CUSTOMER will have a period of 15 calendar days to adopt such measures.
If, after said period has elapsed, the blocks persist, Easymailing may proceed to early termination of the contract in accordance with the provisions of Clause 14.3.
14.2 Resumption of the Service:
Easymailing will not resume the Service until the CUSTOMER complies with the following conditions:
Ceases to use the contracted Service for purposes not permitted under these Terms and Conditions.
Provides Easymailing with the message content incorporating the necessary modifications.
Provides Easymailing with reasonable guarantees evidencing that no breach has occurred and that the CUSTOMER complies with applicable law.
The CUSTOMER shall have a period of 15 calendar days from the date of suspension of the service to comply with the conditions set out above. In the event that the incidents are not remedied within said period, Easymailing will proceed to automatic termination of the contract, which shall be deemed terminated for breach by the CUSTOMER.
14.3 Grounds for Termination of the Contract:
Either party may declare the contract terminated early by means of written notice with acknowledgement of receipt, in the event of:
Expiry of the contract term, provided that no renewal thereof takes place.
Breach of contractual obligations by either party, including but not limited to:
Breach of the obligations set out in Clause Three: Price and payment method and Clause Seven: Contractual obligations of the CUSTOMER.
Breach of the obligations relating to data protection, improper use of the service or prohibited sending practices, as stipulated in Clause Seven.3: IP Blocks by External Providers and Clause Eight: Service availability and interruption.
By mutual agreement between both parties, in which case a contract rescission document shall be formalised setting out the agreed terms and conditions.
FIFTEEN. – Governing Law and Jurisdiction
These Terms and Conditions shall be governed by their own provisions and, on matters not addressed therein, by Spanish law.
The parties submit to the jurisdiction of the Courts of Alcobendas (Madrid), expressly waiving any other jurisdiction that may apply to them, to resolve any dispute that may arise in the interpretation, performance and termination of these Terms and Conditions.
SIXTEEN. – Hyperlinks
The PLATFORM may contain hyperlinks enabling the CUSTOMER to access third-party websites. EASYMAILING assumes no liability for the content, information or services that may appear on such sites, which shall be understood as being offered exclusively for informational purposes by EASYMAILING, and which in no case imply any relationship, acceptance or endorsement between EASYMAILING and the individuals or entities that own such content or the sites where it is found.
SEVENTEEN. – Amendments and communications
EASYMAILING reserves the right to modify these Terms and Conditions when there are technical, operational, legal or commercial reasons that justify doing so. Material amendments will be communicated to the CUSTOMER with reasonable advance notice — and, in any event, no less than 30 calendar days before their effective date — by means of a prominent notice on the Platform or by email to the CUSTOMER's contact. If the CUSTOMER does not agree with the amendments, the CUSTOMER may terminate the contract without penalty before the effective date, by communicating this in writing to EASYMAILING. Continued use of the Service after the effective date shall imply acceptance of the new conditions.
Any communication or notification between the CUSTOMER and EASYMAILING may be made by any currently available means (letter, fax or email), provided that receipt is confirmed and that they are sent to the respective registered addresses of the parties. Any change of address for notification purposes or in the contact details of the parties must be notified to the other party immediately and by a means that guarantees receipt of the message.
EIGHTEEN. – Severability clause
All clauses or provisions of these Terms and Conditions of Use must be interpreted independently and autonomously; the remaining provisions shall not be affected in the event that one of them has been declared null and void by a final court judgment or arbitral award. The affected clause or clauses shall be replaced by another clause or clauses that preserve the effects sought by the Terms and Conditions.