Introduction

These terms and conditions outline the rules and regulations for the use of this website.

By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use our website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice, and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, the prevailing law of Portugal. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using our website, you consent to the use of cookies in accordance with our privacy policy.

Most contemporary interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for site visitors. Some of our affiliate / advertising partners may also use cookies. For more information, please see our Privacy Policy.

License

Unless otherwise stated, we and/or our licensors own the intellectual property rights for all material on the website. All intellectual property rights are reserved. You may view and/or print pages from our website for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from our website.
• Sell, rent, or sub-license material from our website.
• Reproduce, duplicate, or copy material from our website.

Redistribute content from our website (unless content is specifically made for redistribution).

User Comments

1. This Agreement shall begin on the date hereof.
2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material, and data (‘Comments’) in areas of the website. We do not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of this website, its agents, or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws we shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
3. We reserve the right to monitor all Comments and to remove any Comments which we consider in our absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
4. You warrant and represent that:
   1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
   2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
   3. The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material which is an invasion of privacy
   4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
5. You hereby grant to us a non-exclusive royalty-free license to use, reproduce, edit, and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Reservation of Rights

We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy, nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill). Nothing in this disclaimer will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Creating an Account

Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 13 years old to our services.

• Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.
• Staying Safe. Please safeguard your Account and make sure others don’t have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.
• Thirteen And Older. The Services are not intended for and may not be used by children under the age of 13. By using the Services, you represent that you’re at least 13. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).

Your Content

When you upload content to our services, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.

• Your User Content Stays Yours. Users of the Services may provide us with content, including
  without limitation text, photos, images, audio, video, code and any other materials (“User Content"). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
• Your License To Us. When you provide User Content via the Services, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.
• Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites, or any portion thereof, for the limited purpose of our marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt out at anytime by contacting us.

Your Responsibilities

You’re responsible for the content you publish, and you vouch to us that it’s all okay to use. We also ask that you follow our rules, and don’t do anything illegal on here. And keep in mind that some of what you upload can be viewed publicly, so share responsibly. Finally, while you can do amazing things, remember that we can’t give you legal advice about it.

• Only Use Content You’re Allowed To Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others’ intellectual property or other rights, so please don’t copy, upload, download or share content unless you have the right to do so.
• Follow The Law. You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.

Third Party Services

• Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
• Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.
• User Content. We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.

Paid Services And Fees

Certain services are paid services. This section explains how we handle payments for those services. For certain paid services, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.

• Taxes. All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You’re
  responsible for all applicable Taxes, and we’ll charge Taxes in addition to the fees for the Services when required to do so. If you’re exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.
• Automatic Subscription Renewals. To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time in your account page or by contacting us.
• Refunds. While you may cancel any Paid Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required (such as for qualifying users in the EU).
• Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don’t agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
• Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
• Our Payment Processor: We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

Your eCommerce with Our Services

We offer tools to help you conduct eCommerce activities, such as selling your products or collecting donations. How you conduct your eCommerce activities is your responsibility, and we’re not liable for it. Also, be sure to follow our eCommerce rules, or we may terminate your account. Finally, if you’re using a third party to process payments for your eCommerce activities, remember that your relationship is with them, not us.

• eCommerce Responsibilities. The Services include features that enable you to provide or sell
  products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You’re solely responsible for Your eCommerce, and compliance with any laws or regulations related thereto, including without limitation the following:
  • Taxes. You’re solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection therewith; (b) collecting, reporting and remitting required Taxes to relevant government authorities; and (c) informing your End Users of required Taxes, and providing them with invoices as required by law. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations.
  • Fulfillment And Delivery. You’re solely responsible for fulfilling and delivering your
    products and services to your End Users.
  • Claims and Warranties. You’re solely responsible for any claims or warranties you make in connection with Your eCommerce.
  • Customer Service. You’re solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
  • Site Terms, Policies And Legal Compliance. You agree to post and make clearly
    available on Your Sites a privacy policy, and any other terms or policies that may be required by law, and you warrant that Your Sites and Your eCommerce will comply with all applicable laws and regulations. You agree that we won’t provide any legal advice regarding such terms, policies or compliance. Be sure to read our Privacy Policy to learn more about disclosures to your End Users regarding your use of the Services.
• eCommerce Restrictions. You may not offer or sell any products or services which, in our sole
  discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.
• eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole
  discretion, and without any notice to you, suspend, disable access to or remove your Account, Your
  Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your eCommerce if you’re violating this Agreement.
• eCommerce Payment Processors. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are Third Party Services, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to, or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with your eCommerce transactions.

Acceptable Use Policy

This Acceptable Use Policy outlines some examples of prohibited conduct in connection with our Services. Note that any capitalized terms not defined in this Acceptable Use Policy have the meanings set forth in our Terms of Service. If you have any comments or questions about this Acceptable Use Policy, feel free to contact us.
Our Services are used by millions of people to express themselves, build their brands, grow their businesses and everything in between. We’re proud of the creative and inspiring ways that people use our Services. At the same time, we expect our users to behave responsibly. As a user, you agree not to misuse the Services or help anyone else do so. For example, you can’t do any of the following in connection with the Services:

Abusing And Disrupting The Services

• Don’t probe, scan or test the vulnerability of any system or network.
• Don’t breach or otherwise bypass any security or authentication measures.
• Don’t access, tamper with or use nonpublic areas or parts of the Services, or shared areas of the Services you haven’t been invited to.
• Don’t interfere with or disrupt any user, host or network, for example by distributing malware or
  overloading, flooding or mail-bombing any part of the Services.
• Don’t take apart, decompile or reverse engineer any part of the Services in an effort to access things such as source code or algorithms.
• Don’t access, search or create accounts for the Services by any means other than our publicly
  supported interfaces (for example, scraping, spidering or crawling).
• Don’t take any action that imposes an unreasonable load on our infrastructure or our third party
  providers. (We reserve the right to determine what’s reasonable.)
• Don’t provide your password to any other person, use any other person’s username and password, or otherwise manage the Services through shared credentials.

Spamming And Phishing

• Don’t send spam or other unsolicited communications, promotions or advertisements. (We reserve the right to determine what constitutes spam.)
• Don’t send altered, deceptive or false source-identifying information, including without limitation phishing or spoofing.

Deceiving And Impersonating Others

• Don’t do anything that’s false, fraudulent, inaccurate or deceiving.
• Don’t impersonate another person, company or entity.
• Don’t engage in misleading or unethical marketing or advertising.

Stealing

• Don’t use unauthorized credit cards, debit cards or other unauthorized payment devices on the
  Services.
• Don’t promote or advertise products or services other than your own without appropriate
  authorization.
• Don’t sell the Services unless specifically authorized to do so, or publish or use the Services on any network or system other than those provided by us unless previously authorized by us.

Infringing, Misappropriating And Violating Rights

• Don’t infringe or misappropriate anyone’s copyright, trademark or other intellectual property rights.
• Don’t violate anyone’s privacy or publicity rights.

Being A Jerk

• Don’t do or post anything threatening, harassing, abusive, excessively violent, offensive, sexually
  explicit or obscene.
• Don’t advocate bigotry or hatred against any person or group based on their race, ethnicity,
  nationality, religion, gender, gender identity, sexual preference, age or disability.

Breaking The Law

• Don’t use the Services in violation of any US export controls, regulations or sanctions.
• Don’t do anything that otherwise violates the law, including without limitation all local laws regarding online conduct and acceptable content.

Contacts

For more information, please contact us through our contact section.

Introduction

We take the security of your privacy and data extremely seriously and we want to be as transparent as possible with how we conduct business around security measures. Not every detail is shared of course, as we do not want our transparency to lead to exploitation of our system and your data.

Details

– Email account passwords are hashed when they are stored. A hash is one-way encryption so your passwords cannot be viewed by anyone (including our administrators) and can only be reset.
– Login log with details such as user agent, browser, IP.
– Event logging including password changes, password forgets, account email changes, payments, API Key changes/additions/deletions, exports and more.
– We support standard SSL/TLS encryption.
– Access levels are defined for both our accounts, users and our administrators. We support a granular access model where only the required access needed can be granted for all stakeholders.
– Changes of Account information such as email and password require the Account holder confirmation by email confirmation.
– We have sophisticated algorithms protecting your account from malicious content as well as 24/7 human monitoring of your mail looking for inappropriate content or unusual activity.

Data Redundancy

– Storage redundancy is used to increase the reliability of data storage.
– Backups are done regularly and rotated for special circumstance restore.

Training and Protocols

We provide our staff with all the necessary tools and education to help keep your data safe. We have very high standards with regards to privacy. Yearly, our staff is required to:

– Review our internal policies in areas such as security and personal information privacy.

All employees and contractors go through a rigid employment reference check and criminal record check where applicable before starting with us.

Data Centers

In all our data centers, access is strictly monitored. Some of the security measures are outlined below that our hosts adhere to:

– Perimeter’s secured with barbed wire fences.
– Constant video surveillance and motion detection sensor monitoring.
– Activity both within and outside of the data centers is monitored and recorded on secure servers, with surveillance teams working on site, 24/7.
– Staff member receives an RFID name badge, which is also used to restrict their access. Employees must hand in their badges for verification before passing through the security doors.
– Employee access rights are reassessed regularly, according to their remit.
– The server rooms have an even higher level of protection, as only authorized personnel can gain entry.
– DDOS mitigation is in place.

Payment Processing

We use payment processing services  who follow industry standards in protecting your personal data. We doe not store your credit card information. We keep only transaction fingerprints to help with fraud and abuse.

Contacts

For more information, please contact us through our contact section.

Introduction

Our Acceptable Use Policy (AUP) sets out the rules and guidelines for using our services. The AUP is an integral part of our Terms of Service (TOS). You agree to maintain your account in full compliance with the TOS and the AUP.

By using any service provided by us:

You agree that you will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable Federal, State, national or local government or any applicable regulator.

You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.

You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.

You agree not to make, attempt or allow any unauthorized access to our website, servers, your own account or the account of any other customer.

You agree not to allow any remote code execution of malicious software through the account provided by us.

You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against our servers and facilities or the servers and facilities of other network hosts or Internet users.

You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User.

You agree that you will not use the account provided by us for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music or video files, copyrighted software, etc.

You agree that you will not use our services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain Illegal or Hacking/Phreaking Software (Warez); contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3); contain any kind of proxy server or other traffic relaying programs; promote Money Making Schemes, Multi-level Marketing or similar activities; contain Torrent trackers, Torrent Portals or similar software; are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising; are violent or encouraging violence.

Examples of unacceptable materials on our servers include:

IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.

Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers immediately without prior notice.

By using our services you also agree not to engage in or to instigate actions that cause harm to us or other customers. It is your responsibility to ensure that your account will not be used to, engage in or to instigate actions that cause harm to us or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of our IPs by the any online spam database, actions resulting in DOS attacks for any of our servers, etc.

You are solely responsible for ensuring that all programs and scripts installed on your account are secure and the permissions of the directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity on your account, including any compromise of login credentials. You agree to keep all your login credentials secure at any time. We reserve the right to carry out regular audits to determine the security level of login credentials. In case we consider your credentials are not secure enough, we will either notify you and set a timeframe for updating them or we will change the login credentials and provide them to you. We may suspend access to your account until you update your login credentials with more secure ones.

We cannot and shall not provide legal advice referring to the contents of your account and its performance. All information, articles, tutorials and tech support advice are provided in good faith and do not constitute official requirements, regulations or statements. You shall be solely responsible for verifying whether the content of your account complies with any specific legal act or provision. We shall not be liable in the event that any part of your account violates any law or regulation.

You acknowledge and agree that we have the sole right to decide what constitutes a violation of the AUP as well as what is the appropriate severity of any corrective action to be applied. If any part of your account is found to violate the AUP, we may take immediate corrective action without prior warning, including immediate account suspension, deletion of content from your account or account termination with no refund. We shall not be liable for any loss or damage arising from our measures taken against actions causing harm to us or any other third party.

You understand and agree that in case your account is suspended for violation of the AUP, we may ask for a re-activation fee. We will obtain your consent prior to charging you any fees.

We reserve the right to terminate any account that has been suspended for violation of the AUP or the TOS. Backup copies will not be available for terminated accounts.

Introduction

Our Service Level Agreement (“SLA”) applies to all clients who have acquired our products and services. We are committed to providing the best performance and a high level of activity (uptime) that will be monitored monthly, with the purpose of fulfill at least 99%.

If the percentage is below this value, we will compensate each total hour of downtime with a maximum value of 100% of the monthly fee, in credit on the client record, to be used in future renewals.

To receive the compensation, it is necessary to request it no later than 15 days from the date on which was verified the service unavailability. The request must be made through our available contacts and should specify and demonstrate the problem encountered.

We reserve the right to verify what the client communicated and in the event of positive result acknowledge the compensation foreseen.

It is agreed that the request will not be recognized when the unavailability or the interruption of the services depends on:

– Scheduled and previously communicated maintenance
– Third party attacks
– Client error (by act or failure to act)
– Causes that determine the total or partial inaccessibility, related to failures of the Internet network, outside of our network and beyond its control.
– Other reasons outside our technical control

Contacts
At any time, you can contact us through our contact page.

Introduction

Learn more about how the GDPR applies to your use of our solutions and what we’ve done to ensure compliance and give you more control over your data.

We are strong advocates for privacy. We care about our clients rights. Leading up to the implementation of the GDPR (the new EU privacy law since 25 May 2018), we have been hard at work building numerous features that give customers more control of the data that is stored on our platforms. We have designed and enabled these features for all our customers, regardless of whether the GDPR specifically impacts them.

We built this document to present you how the GDPR will apply to your use of our services and what we have done to ensure we are compliant with the new rules.

Note: EU data protection laws, including the GDPR, are complex. This guide should not be considered legal advice. Please consult a legal professional for details on how the GDPR impacts your business.

What is the General Data Protection Regulation (GDPR)?

The GDPR is a regulation designed to harmonize data privacy laws throughout the European Union (EU). This new regulation offers individuals in the EU greater transparency and control over how their personal data is used and make companies handling personal data accountable for their choices. Even businesses that are not based in the EU must comply with the GDPR if they are collecting and processing personal data of individuals located in the EU.

Are we a controller or a processor?

If your data processing activities fall under the scope of the GDPR, one of the first question you should ask yourself is “Am I a data controller or a data processor?”. The answer to this question will help you determining what are your compliance obligations under the GDPR.
The controller is the organization the determines the purposes and means of processing. As a customer of our services, you operate as the controller when using our products and services. You have the responsibility for ensuring that the personal data you are collecting is being processed lawfully and that you are using processors, such our solutions, that provide sufficient guarantees to meet key requirements of the GDPR.

We are considered a processor. We act on the instructions of the controller (you), which come in the form of API, SMTP requests or other technical ways. Similar to controllers, processors are expected to comply with the GDPR.

On which legal basis can you collect and process personal data?

As a processor, we rely on our customers to ensure that personal data are collected on the basis of one of the GDPR lawful grounds for processing. You, as a controller, can collect personal data based on one of the following legal basis: (i) consent; (ii) processing is the necessary for the performance of a contract you have with the data subject; (iii) processing is necessary for compliance with a legal obligation; (iv) you need to protect the vital interest of the data subject or of another person; (vi) you (or another third party) have a legitimate interest to process personal data and this is not overridden by the interests, rights and freedoms of the data subject.

What personal data do you collect and how is it used?

We are committed to be transparent in how we handle and process personal data. As one of our customers, you should be aware of how we handle personal data on your behalf.

We keep data only as long as it is necessary to provide our services. Where possible, we employ mechanisms that allow us to automatically remove data after it is no longer needed to offer our services.

Email messages

We may store email messages for up to 72 hours for both incoming and outgoing messages. For outgoing messages, temporary storage allows our systems to attempt to re-deliver messages that could not be delivered on the first attempt. Customers relying on our parsing features use this to be able to retrieve messages that have been received as inbound messages.

Finally, our staff may access message bodies to assist customers in troubleshooting delivery issues or in response to a potential violation. Employee access is routinely audited and all of those employees or staff in contact with personal data are subject to our confidentiality provisions.

Also, messages may be stored in a backup system for disaster recovery purposes for up to 30 days after removal.

How have we engaged in complying with the GDPR?

As a processor, we have specific obligations under the GDPR. In this section, we highlight how we handle personal data and what efforts we are making to ensure you, as one of our costumers, can trust us.

In our efforts to comply with the GDPR, we have conducted a detailed risk analysis of all applications that may process personal data of individuals located in the EU. Based on the result of such analysis, we have put in place appropriate measures that allow us to comply with the new requirements.

First of all, we have gathered a dedicated team of data protection and security specialists who review  processing of personal data and ensure we have always privacy in mind.

Thanks to our team, we have taken many proactive steps towards compliance with the GDPR:

We have implemented or are working on new policies and procedures to be able to detect personal data breaches and notify our customers without undue delay to ensure they meet the breach notification requirements of the GDPR.

We have developed procedures to be able to deal with the requests we receive from data subjects and inform you of such requests.

We have reviewed and updated the security policies and controls we have in place. These are continually tested and evolve in line with changing regulations and governance requirements.

We have appointed a Data Protection Officer, who will be in charge of compliance with the GDPR across our business.

We carry out regular data protection training for our employees and staff.

The above are only some of the steps we have taken in our path towards GDPR compliance, which is an ongoing exercise that we are engaged in.

What about our sub-processors?

Processors may leverage other third-parties in the processing of personal data. These entities are commonly referred to as “sub-processors”. We may use cloud infrastructure providers like Amazon Web Services, Google Cloud, Microsoft Azure or even other web hosting companies to host our solutions. As required under the GDPR, we have put in place appropriate measures with our sub-processors that will allow us to secure the personal data we process on your behalf. If you are one of our costumers, we will provide you with an exhaustive list of the sub-processors we use.

How do we support you in dealing with data subject rights?

As part of the GDPR, EU data subjects can access their personal data, correct, remove or export them. They also have the right to restrict the processing of their personal data.

We have designed our solutions with several self-service features that our customers can leverage to assist in reviewing the personal data stored on our platform to respond to data requests.

In particular, these features are designed to support the right to data portability, right to access, and right to be forgotten.

When we, as a processor, receive directly a request from a data subject, we will engage the respective customer to respond to the data subject request (unless otherwise required by law).

Contacts

For more information, please contact us through our contact section.