PLEASE READE OUT TERMS AND CONDITIONS CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. BY USING EMAILMANAGER OR SIGNING UP FOR AN ACCOUNT, IT MEANS THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO AT LEAST ONE OF THE POINT STATED BELOW, PLEASE DO NOT USE OUR SERVICES. SHOULD YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, FEEL FREE TO CONTACT US.

eCentry Information Technology (EIRELI) is the holder and developer of the emailmanager system. The platform offers a variety of tools and resources to the market that are used to store email address information (contacts data, images, and reports) in order to create, launch, and manage email marketing campaigns. The emailmanager platform was designed to conduct email campaigns and cannot be used for the purposes of spam (for example, sending campaigns to recipients who did not consent to receive them).

Please read these Terms carefully. By using emailmanager or signing up for an account, you agree to these Terms. Please find the terms and conditions listed below. This is a legal agreement. 

1. Copyrights and trademark information

The website, as well as all information contained on it, is the property of eCentry, its affiliates, and licensors. It is also protected from unauthorized copying and dissemination by Law No. 9,609, 19 February 1998 in Brazil. The absence of a name or logo on any product on the list below does not constitute a waiver of intellectual rights of eCentry or its trademark.

2. Representation and understanding

According to the terms of this agreement, you agree and understand that the emailmanager platform:

  • cannot be used for sending unauthorized emails (also called SPAM).
  • cannot be used for illicit purposes.
  • cannot be used for election campaign disclosure purposes.
  • will be subject to additional charge per message when the limit of purchased emails has been reached.

You also:

  • agree not to use, directly or through third parties, prepare, or distribute unsolicited email through the emailmanager platform.
  • understand that not all emails sent via emailmanager will be received by the recipient.
  • accept that every email sent through emailmanager must contain an unsubscribe link that allows recipients to remove their name from the list.
  • understand and agree that you are the "sender" of any email message that you submit using the emailmanager product.
  • agree that emails “subject” that you send through emailmanager does not contain deceptive or misleading content in relation to the overall content of the sent message.
  • agree to include your physical address in all email messages sent via our platform; addresses must be valid and meet the criteria of ER&T (Brazilian Company Posts and Telegraphs).
  • agree not to send any email message that contains any incentive (voucher, discount, commission, or remuneration) in order to encourage the recipient to forward the email message to another recipient seeking, through this, any bonus or marketing training network.
  • accept and adopt the eCentry Privacy Policy and are aware that it can be changed in the future without notice.
  • understand that if you are accessing emailmanager via a third party website, you are subject to the same Terms and Conditions, independent of any other signed agreement with this third party.
  • understand that in order to avoid any restriction stated in these Terms and Conditions, access via a third party cannot be executed.

3. The availability of products and customer service

Product Terms and Conditions are subject to change by eCentry at any time, either in its guidelines, terms, or policies. eCentry may change terms of this agreement, as well as discontinue or change any product, at its discretion.

Our service is only available to legal entities or professionals who have a valid email address with its own domain and whose website is updated with content that clearly identifies the nature of their business. If you do not meet this requirement you cannot use emailmanager.

In case you access emailmanager through a third party website, you agree and are aware that eCentry is not responsible for any action, service, or result of this third party.

4. Paid plans subscription:

4.1 Paid plans subscription: There are various paid plan offers available on the website. They are based on the number of contacts or sent emails and can be purchased at any time during usage of the plan. Both the “monthly plan” and the “pay as you go” plan are valid for thirty (30) days (emails do not accumulate). When you update your plan and your payment is settled, you simply continue to use emailmanager. Otherwise, you will be asked to renew your service and your account will be temporarily blocked. When signing up for a new plan, you only get a full access to your account when your payment is settled. Otherwise, your plan will remain inactive. Please note that you may be charged if you choose either extra image storage backup of your data or other services. 

4.2 Paid Subscription: The paid plans, based on the number of contacts or dispatched emails, are monthly and may be hired at any moment during the trial period. The plans predict limitations to monthly usage. After the 30 day trial period, you will only be able to use emailmanager after the payment, otherwise your access will be blocked. When requesting a paid plan, you will only be able to use it after the payment is done, otherwise your payment will remain unchanged. In addition, you might be charged, if you choose to, for additional storage or filing service (backup), or other services that may become available.

4.3 Price list and discounts: Prices are available here. The service pricing lists for each plan are subject to change. However, before implementing any changes, eCentry will notify its customers. Nevertheless, it is your responsibility to regularly review our Prices Table and be aware of eCentry fees and charges. 

4.4 Payments: Payments for purchased services are entirely made through bank or credit card. All payments shall be made in US dollars (USD). The payments cannot be returned. In case the payment is delayed, your account will be temporarily blocked. In case the payment is not made within 30 days, your account will be automatically cancelled and all data removed. It is your responsibility to make payments on time. Failure to do this means a lack of interest in continuing with the plan.

4.5 Bank Payments: There may be a single charge imposed by your bank while making deposit. Failure to pay may result in your account being suspended.

4.6 Credit Card: Your account will be activated automatically after making a credit card payment.

4.7 Upgrade: You can cancel your old plan and upgrade your account at any time. In this case, you can cancel the old invoice and generate a new one.

4.8 Downgrade: ou can also downgrade your plan at any time you wish, as long as: The invoice of the next period has not been issued, and contacts limit and allowed emails submission have not been exceeded at the requested time. You will need to complete one month (30 days) before a downgrade can be applied to your account.

4.9 Deleting contacts:  You can delete groups of contacts at once or one by one. Should you wish to add other contacts to your database, you will need to wait for the next billing period, as the plan for the number of contacts is valid for the current month. (Let’s say: in a plan of 1000 contacts, you already have 1000 registered emails. If you delete 100 contacts from your database and it’s the 15th day of the month, you will have to wait till end of the month to add 100 new contacts to your list).

5. Email, permission, image hosting, and prohibited content.

5.1 Permission: By using eCentry products, you agree and undertake to import, access or use in any form only consented contact lists, whose subscribers have given you permission to send them email marketing campaigns. It is forbidden to copy templates, features, or characteristics of the eCentry products. It is also forbidden to use eCentry products for purposes other than sending email campaigns. In addition, you are responsible for ensuring that your email campaigns do not result in complaints or allegations of excessive SPAM. eCentry may block your account if your campaign generates an excessive number of complaints. 

5.2 Email footers: You understand and agree that any email sent through our product includes a footer with this message: “Email Marketing by eCentry” or “Powered by eCentry” or similar message (with or without the company's logo).

5.3 Image use hosted on eCentry: Images hosted on eCentry should be used solely for sending email marketing campaigns through emailmanager.

5.5 Prohibited Content:  eCentry prohibits the use of their products to any person or entity that:

  • Provides, sells, or offers any of the following products or content (or services related to them): pornography (including: magazines, video, and software), pornographic products, erotic products (sex shops), illegal goods, illegal drugs, and illegally copied computer programs.
  • Promote or sells material that are related to child and teenager abuse (under 18 years old) or in any other form where children get abused (e.g., child labor).
  • Provides, sells, or offers products, services or content frequently associated with unsolicited emails.
  • Provides offensive material, including overt expressions of intolerance, prejudice, racism, hatred, or any unintended or objectionable content.
  • Discloses any personal information about children and teenagers (under 18 years old) without the consent of their parents or guardians.
  • Sells or promote any product or service that is illegal in a given location.
  • Introduces viruses, worms, harmful code, and/or Trojan on the Internet.
  • Promotes, publicizes, or invites participants to pyramids, network marketing, or businesses with similar offers such as: "work at home", "get rich quick" and "financial independence.”
  • Uses campaigns to profit from partnership programs or soliciting donations.
  • Sells email marketing services.
  • Posts any content that supports, promotes, or encourages violence against any government, organization, group or individual, or provides instructions or information in order to accomplish this type of violence.
  • Offers or sells products or services to someone that previously you have not had any contact or relationship with.
  • Provides content, including images of authors, artists, photographers or others without the permission of the copyright holders.
  • Includes links in the email body that directly lead to file download (doc, pdf, exe, etc.). The link should lead necessarily to a page where the reader can decide whether or not download a file.

5.6 Right to disable access: eCentry can disable access to its products without compensation if:

  • The registration appears to contain fraudulent data.
  • The reference URL in our database has already been reported.
  • The site is not available or contains out-of-date content.
  • The site content presents information different than the reality of the website.
  • There is no activity on the account for more than 30 continuous days in the trial plan.
  • 10 days after the trial plan expiration if the user did not purchase any paid plan.
    There is a payment delay.
  • Evidence that the used contact list was obtained without permission of the recipients.
  • Any violation of these Terms of Use.
  • eCentry can also disable access to the products, reversibly or not, at its discretion, to customers who use the system at odds with the good practices of the exercise of email marketing, or which may cause damage to their image or their products.

6. Restrictions and Responsibilities:

6.1 Without rights to the software: This is a service and access agreement. You are not hiring or accrediting any license to use the software under the terms of this agreement. It is forbidden to directly or indirectly: copy, decompile, or in a different way attempt to understand the code or ideas of the product or software related to it. Without our authorization, you cannot reproduce, copy, or distribute the software or any part, content, or document relating to it. Violation of this restriction will result in the termination of this agreement.  

6.2 Permitted use of the product:  The product can be used for your own business. It cannot be used to resell, provide services or in any way that benefits others.

6.3 Compliance with laws, monitoring: You must use the product in accordance with the terms herein, with the Self-Regulatory Code for Email Marketing practice, and with all the local and international standards (including spam policies, privacy policy, obscenity, or defamation, copyright and trademarks). Despite eCentry not being obliged to monitor the content of your messages, we may do it at any time. And if necessary, we may block messages, delete content, or prohibit the use of the product.

6.4 Indemnification: You agree to defend, indemnify and hold harmless eCentry as well as its business partners, suppliers, licensors, officers, directors, distributors and agents against any damages, losses, liabilities and expenses arising out of any claim or action that may arise from any violation of this Agreement (or effect of any messages that you have distributed using the product).

6.5 Confidentiality of your data: When using various facilities of the system, you will provide to eCentry certain personal information (such as name, contact information, domain and other registration information). eCentry can use these data and contact you to ask about the usage of our product in order to streamline it. 

If you access the product via a partner of eCentry, we may share your information with this third party. eCentry will not provide your contact information to companies you have not authorized to do so (except as required by law). eCentry never sells or rents your contact list without your knowledge and permission. Our company understands and respects the ownership rights of your contacts list. eCentry may modify or revise the Privacy Policy described above to communicate beforehand this amendment or revision.

6.6 Intellectual property rights in your contents: 9. You agree not to upload or transmit any contact lists, communications, or content of any kind on this site or through the product that infringe, misappropriate, or violate the rights of any party. If you submit some business information, ideas, concepts, inventions, or content to eCentry by email, you agree for all purposes that this information is not confidential. If you submit any business information, idea, concept, or invention to eCentry by email, you automatically grant or guarantee that the holder of the intellectual rights of this information expressly releases to eCentry all rights and license fees. 9. This grant is perpetual and irrevocable, in all territories, allowing us to use, reproduce, modify, publish, edit, translate, distribute, and display the license of such content in any form.

7. Termination of the service:

You may cancel this agreement at any time by contacting customer service or through the eCentry unsubscribe link. You are responsible for cancelling your account and this agreement. Any overpayments incurred as a result of your neglect to cancel the account cannot be imputed to eCentry. 
eCentry may terminate this Agreement or the product, disable your account, or suspend it at any time with or without notice. eCentry has no liability to you or any third party for termination of this agreement.

Upon cancellation, eCentry deletes all your data stored on the server immediately. Therefore, should you want to keep your date you must export it from our servers before cancelling your account.

In case that a free account remains inactive for over 30 days, eCentry will also cancel your account and permanently delete all your data. eCentry will make every effort and use common sense to get in touch with you before any action of this kind.

8. Warranties

The use of the service is at your sole risk. eCentry does not guarantee that its product will be uninterrupted or error free, nor gives warranty as to the results that may be obtained from using the product. The service is provided on “as is” and “as available” basis, and eCentry does not provide any implicit or explicit guarantee of performance or results.

9. Limitations of Liability

eCentry, or any of its suppliers, partners, licensees, officers, offices and providers of any kind, shall  not be liable for any financial loss, whether direct, indirect, special, consequential or exemplary damages, caused to you or anyone else through the use of the product. Even if eCentry has been advised of the possibility of such loss caused by use of the product, according to the law, the responsibility will be limited to the value paid for the use of the product in the last 12 months.

10. Links to third party websites

This website may contain links to websites that do not belong to eCentry. These links are offered for you as facilities and eCentry is not responsible for the content of any of them. eCentry does not have control over content of these links. In summary, a link to any other website does not imply that eCentry endorses or accepts any responsibility for the content or use of this website.

11. Username and password

You are responsible to keep your account details secure (username and password). Please note that eCentry accepts instructions from any individual who registers with your username and password by email, by phone, or through a third party service.
eCentry is not aware of your corporate structure. eCentry is not liable for the misuse or misappropriation of your contact list or other data accessed through your username and password.

12. Others:

12.1 If any provision of this agreement proves to be unenforceable or invalid, that provision will be limited or eliminated, but the agreement itself will remain unaffected.

12.2 eCentry and you agree that this agreement is the sole and exclusive mutual understanding between the parties, which overlaps and cancels any previous agreement.

12.3 There is no agency, partnership, or employment relationship created as a result of this agreement.

Additional information:If you have any questions about the terms and conditions listed above please contact eCentry by email: contato@emailmanager.com

September 2013.


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