Terms and conditions of use

EASYMAILING CLOUD SERVICES, S.L., (hereinafter referred to as «EASYMAILING») is a company that, among other activities, is dedicated to managing, administering, and processing emails and email databases through its EASYMAILING Platform (hereinafter referred to as the «PLATFORM»).

The CLIENT is interested in hiring the services of EASYMAILING to manage the sending of electronic messages via email to the email addresses in the CLIENT’s Database.

FIRST. – Purpose

The purpose of these Terms and Conditions of Use is to regulate the conditions under which EASYMAILING will provide the CLIENT with its services through the PLATFORM.

The services that EASYMAILING will provide to the CLIENT will consist of managing shipments and reporting analysis by (i) sending emails to the email addresses in the CLIENT’s Database and (ii) sending information to the CLIENT about the delivery data, openings, clicks, unsubscribe requests from recipients, and the virality of each shipment.

Additionally, the description of the Easymailing service, its technical characteristics, and the different contracting modalities are specified on the PLATFORM at https://easymailing.com/

SECOND. – Platform Management

The CLIENT must create a profile through a login by completing a registration form, where they must include an email, password, name, surname, company name, and domain of the application.

EASYMAILING will assign a login and password to the CLIENT for access to the resources and applications available in Easymailing. This login and password allow the authentication of the CLIENT to access the PLATFORM, which EASYMAILING makes available. EASYMAILING uses this system to identify, authenticate, and verify the CLIENT’s identity.

Once the CLIENT has correctly registered on the PLATFORM, they must complete a series of forms according to their preferences (time zone, language, industry sector, currency).

From that moment, they can create their first audience, designing the first email and establishing the title of their first campaign (this title being private and not visible to subscribers).

On the other hand, the CLIENT, in the «Audiences» section, can create a distribution list. In this section, the CLIENT must include the general data of the Audience, title, a description that will remind subscribers where they subscribed and the type of emails they will receive. Also, the sender’s details (CLIENT) will be detailed, including a reply email, as well as the company data that the CLIENT wishes subscribers to see when they send the campaign (Business name, address, postal code, city, province, country, telephone, website, logo, as well as the data of the Data Controller).

The sending of emails (in general, commercial communications) can be done directly by the CLIENT through the PLATFORM or request EASYMAILING to make these shipments on behalf and for the account of the CLIENT, always according to their directives or indications.

In the case that EASYMAILING makes the shipments on behalf of the CLIENT, the CLIENT must import the specific message text to be disseminated into the PLATFORM, as well as the updated Database with the names and surnames of the recipients, the email addresses to which the message is to be sent.

The PLATFORM provides the CLIENT with different templates based on the themes, layouts that the CLIENT desires, and according to their subscription plan. Also, the CLIENT can track clicks, open rates, publish in archives, publish on Social Networks, among others.

Moreover, if the CLIENT wishes to activate conversations with Users or subscribers, tracking in Google Analytics, publish on Twitter, or publish on Facebook, they must activate each of the mentioned functionalities, as they have specific payment rates.

In this sense, the CLIENT can create and design their own templates for campaigns or use the templates and resources that EASYMAILING provides through the Easymailing PLATFORM. In each email sent using the Easymailing service, the CLIENT acknowledges and accepts that an identifying message can be automatically added at the bottom of the message saying «Powered by Easymailing» or a similar message.

THIRD – Pricing and Payment Method

The prices for the services provided by EASYMAILING and the payment method will be determined according to the details provided on the PLATFORM in the «Account: Subscription Plans» section:

  • Free: The FREE account subscription is limited to 250 subscribers and allows sending up to 2,000 emails each month for free.
  • Starter Rate: The CLIENT’s payment will vary depending on the number of subscribers they contract, starting from an initial price of €17.00/month.
  • Business Rate: The CLIENT’s payment will vary depending on the number of subscribers they contract, starting from an initial price of €38.00/month.
  • Premium Rate: The CLIENT’s payment will vary depending on the number of subscribers they contract, starting from an initial price of €85.00/month.
  • Annual Rate: Offers the option of an upfront annual payment with a 20% discount on the price of any Starter, Business, or Premium rates.
  • Pay As You Go Rate: The CLIENT will pay based on the number of emails they wish to send. Within this subscription plan, there are different packages available. If the CLIENT is interested in a custom plan, the PLATFORM offers exclusive plans based on the CLIENT’s preferences.

You can check the rates on our website.

Payments for Easymailing services under the Starter, Business, and Premium rates will be billed monthly, and these rates will be charged in advance at the beginning of each billing period based on the number of subscribers contracted. Payments must be made using a credit/debit card, direct debit, or another acceptable payment method for Easymailing.

Payment for Easymailing services under the Pay As You Go rate will be made in advance using a credit/debit card, bank transfer, or another acceptable payment method for Easymailing.

EASYMAILING will issue an invoice detailing all the components of the bill. It is the CLIENT’s responsibility to ensure that their account has sufficient funds to prevent any returns of receipts issued by EASYMAILING.

If a receipt is returned by the CLIENT’s Bank, the costs for reissuing and banking management that EASYMAILING has to undertake will be borne by the CLIENT.

EASYMAILING reserves the right to temporarily suspend the service in the event of any issues experienced in charging for the service and/or due to non-payment until the matter is resolved. If the client does not make the payment following the prior notice of temporary suspension, it will result in the definitive termination of the service for breach of contract.

The prices stipulated in these Terms and Conditions of Use may be subject to revision by EASYMAILING and must be notified to the CLIENT before being affected by the change in the next invoice issued. The CLIENT will have the right to terminate the contract, canceling any debt at that date, and the termination date will be considered the expiry of the payments made in advance.

FOURTH – Duration and Extension

The service will have a duration of one year from the moment of contracting, extendable for periods of the same duration unless there is express and written communication by either party to the other, indicating their intention not to extend the service, provided that there is a 30-day natural period before the end date of validity.

However, EASYMAILING may cancel the Easymailing service contracted by the CLIENT through written communication to them at least one (1) natural month in advance, stating the reasons for such cancellation and offering the CLIENT, where appropriate, the possibility to rectify them.

FIFTH – Additional Services

Requested by the CLIENT Any other services and additional developments provided by EASYMAILING in favor of the CLIENT, other than those mentioned in these Terms and Conditions, are excluded from the agreed price.

SIXTH – Platform Usage License

For the provision of its services, EASYMAILING grants the CLIENT a non-exclusive license to use the PLATFORM. This license is strictly personal, meaning that only the CLIENT may use it and cannot transfer it to a third party under any title, nor can they transfer it entirely or partially under penalty of service termination.

In this regard, the CLIENT commits to using the PLATFORM in accordance with the stipulations in these Terms and Conditions. Specifically, the CLIENT guarantees to (i) use the PLATFORM for purposes allowed by EASYMAILING, providing sufficient guarantees to implement appropriate technical and organizational measures; (ii) not sell, transfer, sublicense, distribute, exploit, or market the PLATFORM, nor use it for the benefit of third parties; (iii) not modify, disassemble, translate, lend, distribute, decompile, or otherwise manipulate the operation of the PLATFORM.

SEVENTH – Contractual Obligations

7.1 Obligations to be Fulfilled by the CLIENT

The CLIENT is obligated to:

  • Provide EASYMAILING with all the data required for the execution and development of the service.
  • Not make any copies of the systems owned by EASYMAILING.
  • Ensure that all information provided to EASYMAILING is complete, updated, and in the agreed format, as well as comply with and respect each of the Easymailing service usage conditions.
  • Not use the contracted services for actions contrary to good faith or current legislation: the publication or transmission of any content that, under current Spanish law, may be considered violent, obscene, abusive, illegal, racist, xenophobic, or defamatory, or that infringes the intellectual property rights of third parties.
  • Not use the email server of the domain and the email addresses for the purpose of carrying out unsolicited commercial communication activities, as well as for sending large-sized emails with the intent to block EASYMAILING’s Server.
  • Comply with the remuneration agreements made between the Parties, as specified in these Terms and Conditions of Use and on the PLATFORM.
  • Maintain the confidentiality of the login and password, necessary identifiers for accessing the PLATFORM. The CLIENT must use these details responsibly and not share them with third parties, being civilly and criminally liable if their misuse causes damage to EASYMAILING’s systems or third parties.

7.2 Obligations to be Fulfilled by EASYMAILING

EASYMAILING is obligated to:

  • Fulfill the professional responsibilities arising from the provision of the Easymailing service under this contract, committing to execute the service with all its technical and human resources available, and placing all its professional experience and capacity at the service of this task.
  • Reserve the right to temporarily interrupt the contracted service due to technical repairs and maintenance of the equipment, as well as for the improvement of its own services.
  • Not guarantee that the availability of the hosting services will be continuous and uninterrupted during the contract term, due to possible issues in the Internet network, breakdowns in server equipment, and other unforeseeable contingencies.
  • Perform backups of the contents hosted on its servers but not be responsible for the loss or accidental deletion of data. Similarly, it does not guarantee the total restoration of these data, as they may have changed during the time elapsed between the last backup and deletion.

EIGHTH – Availability and Service Interruption

Access to the PLATFORM is available 24 hours a day, every day of the year. It is expressly accepted by the CLIENT that EASYMAILING has only an obligation of means and reserves the right to suspend access to the service particularly in the following cases: (i) for maintenance needs of the PLATFORM (including corresponding updates), (ii) for improvement and installation of new functionalities of the PLATFORM, (iii) for the verification/audit of the operation/use of the PLATFORM, (iv) to resolve any incidents in case of breakdown or potential breakdown.

Under no circumstances will EASYMAILING owe the CLIENT any compensation or payment whatsoever as a result of the events mentioned in this paragraph.

The CLIENT acknowledges and accepts (i) the characteristics and limits of the Internet, (ii) that the confidentiality of data transmitted over the Internet cannot be fully guaranteed and that these data may be intercepted by malicious users, (iii) that service response times can be affected by poor network performance, (iv) that the PLATFORM made available to the CLIENT uses complex functionalities and it is not possible to test every use possibility.

NINTH – Technical Assistance

EASYMAILING will provide technical assistance regarding the Services during office hours from 10 am to 2 pm and from 4 pm to 7 pm from Monday to Thursday and from 9 am to 3 pm on Fridays, except on public holidays in the city of Madrid. To contact the support team, the client should access the help center: https://ayuda.easymailing.com/hc/en-us

In case of temporary interruption of the service, EASYMAILING will make its best efforts to ensure that such interruptions minimally affect the CLIENT, not being liable for any damages caused by them, following the stipulations of the eighth clause.

TENTH – Communication Content

The CLIENT may send commercial communications through the PLATFORM on their own, or they may request EASYMAILING to conduct the mailings through it, on behalf of and for the CLIENT, always according to their guidelines or instructions.

In the case that EASYMAILING carries out the mailings on behalf of the CLIENT, the CLIENT must import into the PLATFORM the specific text of the message to be disseminated, as well as the updated Database with the names and surnames of the recipients, the email addresses to which the message is intended to be sent.

In this regard, the CLIENT may create and design their own templates for campaigns, or use the templates and resources that EASYMAILING provides through Easymailing. In each email message sent through the Easymailing service, the CLIENT acknowledges and accepts that an identifying message saying “Powered by Easymailing” or a similar message may be automatically added at the bottom of the message.

The message content will include all material to be sent to the end-users of the CLIENT’s Database through the PLATFORM, including brands, logos, and any other content. In this sense, the CLIENT grants EASYMAILING the exploitation rights of the contents, creativities, or material created by the CLIENT exclusively for the provision of the contracted services.

Specifically, and without limitation, the CLIENT commits 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. Objectionable information, including, without limitation, any communication that may constitute or lead to criminal behavior, result in civil liability, or violate any national, local, or international law or provisions. False or misleading information, including any material contrary to any Code of Conduct or false statement regarding the products or services offered by the CLIENT. Viruses, trojans, worms, or any other similar programming routine that are harmful. Information that incites user participation in lotteries, betting, and/or gambling. Information that promotes violence and/or 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 CLIENT expressly agrees that any brand, logo, trade name, creativity, text, image, or content included in the specific texts of the message to be disseminated is owned by the CLIENT, or if not, the CLIENT holds all intellectual property rights, industrial rights, or related rights contained in the Royal Legislative Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law, regularizing, clarifying, and harmonizing the legal provisions in force on the matter.

The CLIENT undertakes to hold EASYMAILING harmless with respect to any loss, claim, penalty, damage, liability, and/or expenses related to any breach of any third party’s Intellectual or Industrial Property Rights that the CLIENT suffers as a result of the contracted services, as well as in connection with the Message Content or the mailings of the service.

ELEVENTH – Data Protection

The parties declare that they are aware of and comply with European and Spanish legislation on Personal Data Protection, specifically Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

The personal data database used for disseminating information is the exclusive property of the CLIENT, as the Data Controller, and this status is not altered by the provision of the service.

However, for managing the PLATFORM and sending emails by EASYMAILING, it will be necessary for the CLIENT to provide EASYMAILING with access to the existing data in the Database. For this purpose, the CLIENT’s data will be replicated on EASYMAILING’s servers, so that EASYMAILING can access them and provide the contracted service, all in accordance with the privacy and data protection conditions established in this Clause.

11.2. EASYMAILING’s Obligations

For the provision of its services, EASYMAILING may have access to the CLIENT’s Database.

In accordance with the current data protection regulations, the access by EASYMAILING to the personal data within the CLIENT’s database will not be considered as a communication or transfer of data since such access, and the corresponding processing, is necessary for the provision of the contracted Service. Consequently, EASYMAILING will be considered as a «Data Processor» of the CLIENT’s data and, in accordance with this, EASYMAILING commits to:

  • Process the data in accordance with the CLIENT’s instructions and not to use or apply them for a purpose different from what has been agreed between the Parties, nor communicate or transfer the data, not even for their preservation, to other people without the CLIENT’s consent. In this regard, EASYMAILING will not be responsible for any data processing carried out by EASYMAILING in accordance with the CLIENT’s requested instructions.
  • Store the CLIENT’s information related to personal data in systems located within the European Union.
  • Ensure that the persons authorized to process personal data are subject to a confidentiality obligation.
  • Adopt the necessary technical and organizational measures, established in the current data protection regulations, as well as any other development standards, to assist the CLIENT in fulfilling their obligation to respond to requests that aim at the exercise of rights of access, rectification, erasure, opposition, the right to be forgotten, data portability, and the right to restrict processing.
  • Delete or return, once the service provision has ended and at the choice of the Data Controller, any personal data to which it might have had access as part of the contracted service. Additionally, delete any existing copies unless the retention of personal data is required under the applicable data protection regulations.
  • Immediately inform the CLIENT if, in their opinion, an instruction infringes the current Regulation or other data protection provisions. Not subcontract with a third party for processing without the CLIENT’s prior written, specific, or general authorization.

Furthermore, EASYMAILING commits to providing the CLIENT with all the necessary technical data required to enable the use and maximization of the PLATFORM, as well as to collaborate with the CLIENT’s personnel with the aim of maximizing the use and enjoyment of the PLATFORM.

TWELFTH – Intellectual Property

All rights to the content, design, software, and source code of the PLATFORM, and especially, for illustrative but not limiting purposes, all rights to the photographs, images, texts, logos, designs, trademarks, trade names, data included in the PLATFORM, and any other intellectual and industrial property rights are owned by EASYMAILING or by third parties who have expressly authorized EASYMAILING to use them on its PLATFORM.

Therefore, under the Royal Legislative Decree 1/1996 of April 12, which approves the consolidated text of the Intellectual Property Law, regularizing, clarifying, and harmonizing the current legal provisions on the matter, as well as the Law 17/2001 of December 7 on Trademarks and the complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including the modality of making available, all or part of the contents of the PLATFORM in any form and by any technical means, without the express authorization granted by EASYMAILING.

EASYMAILING does not grant any license or authorization of use of any kind on its intellectual or industrial property rights or on any other property or right related to the PLATFORM, and under no circumstances shall the access and navigation of the Users imply a waiver, transmission, license, or total or partial transfer of such rights by EASYMAILING.

Any unauthorized use of these contents by EASYMAILING will be considered a serious breach of intellectual or industrial property rights and will lead to the legally established responsibilities.

THIRTEENTH – Confidentiality

All information, whether data, databases, procedures, or documents exchanged by the Parties in any format or medium, will be treated by the receiving Party with absolute confidentiality, committing not to disclose, deliver, or transfer them under any title or use them for purposes other than those established in these Terms and Conditions.

Both parties commit to adopting the necessary measures and precautions to preserve the secrecy of the confidential information of the other, as they would normally adopt for their own confidential information, in order to prevent access by unauthorized third parties. Likewise, they must communicate the confidential information only to those employees who, due to their function, are directly related to the provision of the service.

The obligation of Confidentiality will remain in force indefinitely after the end of the service.

FOURTEENTH – Suspension and Resolution

EASYMAILING reserves the right to suspend the service or terminate the contracted service immediately upon prior notification to the CLIENT in the following cases:

(i) The CLIENT is using the Service in a manner not permitted by these Terms and Conditions; (ii) in the cases described in the Third Clause: Price and Payment Terms, Eighth Clause: Contractual Obligations of the CLIENT; (iii) if the execution of the Services is contrary to the Law, morality, good customs, any Code of Conduct, or any use of the sector; (iv) if the CLIENT does not have the necessary consent from the recipients of the messages sent in accordance with the applicable regulations; or (v) if the CLIENT is allowing access to the service to a third party or if a third party is benefiting from the contracted service. (vi) If EASYMAILING receives notification from any Internet service provider or any similar organization indicating that the CLIENT has breached the acceptable standards of Email abuse.

EASYMAILING will not resume the Service until the CLIENT:

  • Stops using the contracted Service for purposes not allowed in these Terms and Conditions.
  • Provides EASYMAILING with the message content with the necessary modifications.
  • Provides EASYMAILING with reasonable guarantees that no breach has occurred and that the CLIENT complies with the applicable law.

If the CLIENT does not rectify the committed breaches, EASYMAILING will immediately terminate the service.

  • On the other hand, causes for termination of this contract include:
  • The completion of the service provision for the duration of one year, provided that there is no extension of the contract. Either party may prematurely terminate the contract by notifying the other party in writing, with acknowledgment of receipt, to the address indicated in the notification clause, with a minimum notice of FIFTEEN (15) days, if any of the following circumstances occur:
    • Any general cause established in the Spanish legislation or in this contract.
    • Breach of any of the obligations undertaken under this contract.
    • Breach by the CLIENT of any of the obligations indicated in this contract, specifically those stated in the Third Clause: Price and Payment Terms and Eighth Clause: Contractual Obligations of the CLIENT.
  • Mutual agreement of the parties.

FIFTEENTH – Applicable Law and Jurisdiction

These Terms and Conditions shall be subject to their own terms and, for anything not foreseen within them, to Spanish law.

The parties submit to the jurisdiction of the Courts of Alcobendas (Madrid), expressly waiving any other jurisdiction that may correspond to them, to resolve any controversy that may arise in the interpretation, execution, and resolution of these Terms and Conditions.

SIXTEENTH – Hyperlinks

The PLATFORM may contain hyperlinks that allow the CLIENT to access third-party web pages. EASYMAILING assumes no responsibility for the content, information, or services that may appear on such sites, which are understood to be offered exclusively for informational purposes by EASYMAILING, and under no circumstances imply any relationship, acceptance, or endorsement between EASYMAILING and the individuals or entities owning such content or the sites where they are located.

SEVENTEENTH – Modifications and Communications

EASYMAILING reserves the right to make as many modifications as it deems appropriate to these Terms and Conditions, in which case they will be communicated to the CLIENTS beforehand. These modifications will be effective upon their publication on the PLATFORM.

Any communication or notification made between the CLIENT and EASYMAILING must be carried out through any of the means currently available (letter, fax, or email), provided its receipt is confirmed and they have been sent to the respective legal addresses of the parties. Any change of address for notifications or the contact details of the parties must be immediately notified to the other party through a means that ensures the receipt of the message.

EIGHTEENTH – Safeguard Clause

All clauses or terms of these Terms and Conditions of Use must be interpreted independently and autonomously, not affecting the rest of the stipulations in case one of them has been declared null and void by a judicial sentence or a firm arbitration resolution. The clause or clauses affected will be replaced by another or others that preserve the effects sought by the Terms and Conditions.