Terms of Service

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and BlueMails. By using the Services, you represent and warrant that you are at least 18 years of age and have the full authority to enter into this agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

We may modify these Terms from time to time. If we make material changes, we will notify you by email or through a prominent notice on our Site before the changes become effective. Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.

2. Description of Services

BlueMails provides professional consulting and implementation services focused on:

• AI-Powered Email Marketing: Strategy development, automation implementation, personalization, and campaign optimization using artificial intelligence.
• AI Search Optimization (AIO): Optimization of content for AI-powered search engines including Google SGE, Bing Chat, ChatGPT Search, and other emerging platforms.
• Business Intelligence & Analytics: Data analysis, predictive modeling, and actionable insights to drive business growth.
• Educational Content: Blog articles, guides, and resources related to AI applications in business and marketing.

Specific deliverables, timelines, and fees for consulting services will be outlined in separate Statements of Work (SOW) or project agreements executed between you and BlueMails. In the event of any conflict between these Terms and a signed SOW, the SOW shall control with respect to the specific services covered.

3. User Accounts

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security and confidentiality of your account credentials.
• Promptly notify us of any unauthorized use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably suspect are compromised or being used inappropriately.

4. Payments and Fees

Consulting Services: Fees for consulting services are as agreed in the applicable SOW or project agreement. Unless otherwise specified, fees are due upon receipt of invoice and are non-cancelable and non-refundable.

Subscriptions: Some of our Services may be offered on a subscription basis. Subscription fees are billed in advance on a recurring basis (monthly or annually) and are non-refundable except as required by law. We may change subscription fees upon 30 days' notice.

Payment Methods: Payments are processed through third-party payment processors. By providing payment information, you authorize us to charge the applicable fees to your selected payment method. You are responsible for any taxes associated with your use of the Services.

Late Payments: If any payment is past due, we may suspend access to the Services until the outstanding balance is paid in full, and we may charge interest on overdue amounts at the rate of 1.5% per month or the maximum legal rate, whichever is lower.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all content, features, and functionality (excluding User Content), are owned by BlueMails or our licensors and are protected by copyright, trademark, and other intellectual property laws. This includes but is not limited to:

• Software, algorithms, AI models, and methodologies.
• Website design, text, graphics, logos, and images.
• Documentation, reports, and deliverables created specifically for clients (subject to Section 5.3).

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes, provided you comply with these Terms.

5.2 User Content

You retain ownership of any content, data, or materials you submit, upload, or provide to us in connection with the Services ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute such User Content solely for the purpose of providing the Services to you and improving our AI models in an aggregated and anonymized manner.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not infringe any third-party rights.

5.3 Deliverables

Any reports, strategies, recommendations, or other deliverables specifically created for you as part of our consulting services ("Deliverables") are owned by BlueMails until full payment is received. Upon full payment, you are granted a perpetual, non-exclusive, non-transferable license to use the Deliverables for your internal business purposes. BlueMails retains the right to use general knowledge, skills, and methodologies gained in performing the services for future projects.

6. Prohibited Uses

You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Services. Prohibited activities include, but are not limited to:

• Violating any applicable laws, regulations, or third-party rights.
• Attempting to interfere with the security, integrity, or performance of the Services.
• Reverse engineering, decompiling, or disassembling any software or AI models used in the Services.
• Using the Services to transmit malicious code, viruses, or harmful content.
• Engaging in any activity that could be considered spamming, phishing, or fraudulent.
• Collecting or harvesting user information without consent.
• Impersonating any person or entity or falsely stating your affiliation.

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision.

7. Data Privacy and Security

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection, use, and protection practices.

We implement industry-standard security measures to protect your data. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

For clients subject to GDPR, we will process personal data in accordance with applicable data protection laws. Where required, we will enter into a Data Processing Agreement (DPA) with you.

8. Confidentiality

During the term of your engagement with us, you may disclose confidential information to us. "Confidential Information" means any non-public information disclosed by you to us that is marked as confidential or would reasonably be considered confidential under the circumstances. We agree to use Confidential Information only to perform the Services and to protect it with the same degree of care we use to protect our own confidential information.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of ours; (b) was rightfully in our possession before disclosure; (c) is independently developed by us without use of your Confidential Information; or (d) is required to be disclosed by law.

9. Third-Party Links and Integrations

Our Services may contain links to third-party websites, tools, or services that are not owned or controlled by BlueMails. We provide these links for your convenience only and do not endorse or assume responsibility for the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that BlueMails shall not be liable for any damages or losses arising from your use of any third-party services.

Our Services may integrate with platforms such as Web2AI.eu, EngineAI.eu, and other AI tools. Your use of these third-party integrations is subject to their respective terms of service.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUEMAILS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO INCREASED CONVERSION RATES, EMAIL OPEN RATES, OR SEARCH RANKINGS.

ANY AI-GENERATED INSIGHTS, RECOMMENDATIONS, OR CONTENT PROVIDED BY OUR SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR BUSINESS DECISIONS AND ACTIONS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUEMAILS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM; OR (B) ONE HUNDRED EUROS (€100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless BlueMails and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable laws or third-party rights; or (e) any dispute between you and a third party.

13. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will cease immediately. If you have paid fees that are not yet earned (e.g., prepaid subscription), we will refund the pro-rata portion for the remaining period.

You may terminate your account at any time by contacting us. Upon termination, we will delete or anonymize your personal data in accordance with our Privacy Policy.

Sections that by their nature should survive termination (including Intellectual Property, Confidentiality, Disclaimer, Limitation of Liability, Indemnification, and Governing Law) shall survive.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in Bucharest, Romania, and you consent to the personal jurisdiction of such courts.

For consumers residing in the European Union, you may also be entitled to submit a complaint to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any SOW, constitute the entire agreement between you and BlueMails regarding the Services and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, war, terrorism, government actions, or internet outages.

16. Contact Information

If you have any questions about these Terms, please contact us at: