1. Introduction
a. These General Terms and Conditions ("Terms") govern your use of the newsletter sending software
and webiste provided by Arpad Kostyal E.V. and Marton Arendas E.V. which are registered in Hungary
(„Company” or „Service Provider”). By accessing and using the website or software, you agree to be
bound by these Terms. b. If you do not agree with these Terms, please refrain from using any of the
software and services provided.
2. Definitions
a. "Website" refers to our online platform where the newsletter sending software is available,
educational material and an email list obtained from public/open records and sources.
b. "User" refers to any individual or company that accesses and uses the newsletter sending
software.
c. "Subscription" refers to the paid service provided to users, either on a monthly or annual basis,
under a fixed or indefinite contract.
d. "Trial Period" refers to the first 14 days of free usage of the software.
3. Subscriptions and Payments
a. Users can subscribe to the newsletter sending software on a monthly or yearly basis. Subscriptions
are automatically converted to paid plans after the 14-day free trial period, unless cancelled
before the trial ends.
b. Payments for the service are made in advance every month. If the subscription is terminated early
by the user, an appropriate proportion of the fee will be charged.
c. Annual or semi-annual subscriptions cannot be terminated before the end of the fixed term
subscription period.
d. Prices for the service are displayed in EUR, USD, GBP, or HUF, and users are responsible for any
additional fees imposed by their chosen payment method.
e. In case of technical errors in pricing (e.g., a price of zero or unreasonably low), the Company
reserves the right to reject the purchase.
f. Users may purchase training materials and additional filtered B2B phone numbers (which
exclusively consist of business phone numbers and do not belong to natural persons) at the prices
displayed on the website’s main page. The refund policy for B2B phone numbers shall follow the same
rules as those applied to the training materials, which cannot be refunded or revoked once
purchased.
4. License and Use of Data
a. The software allows users to upload and manage email lists, but users are granted only limited
access to the data in these lists, provided by the Service Provider. The Company commits to
providing regular reports regarding email delivery, opens, and clicks as reports.
b. Users are responsible for uploading and managing their email lists, and the software will
distribute newsletters to these lists in compliance with applicable data protection laws, including
GDPR.
c. The Company provides additional training materials for the use of the software. As these are
considered intellectual property, they cannot be refunded or revoked once purchased.
d. Users may cancel their subscription within the first 14 days of the free trial period.
5. Email Delivery and Reporting
a. The Company strives to ensure the successful delivery of emails, but does not guarantee that all
emails will reach their destination. Reports will be generated showing email delivery, open rates,
and click-through statistics.
b. The Company does not offer full access to the email addresses provided by the Company, as these
are handled according to strict data protection standards.
6. Data Protection and Privacy
a. The Company is committed to ensuring data protection in accordance with GDPR and other applicable
data privacy laws, Info Tv. (Hungarian Act Info). By using the software, users agree to the
processing of their personal data, including name, email address, and payment information, as
described in the Privacy Policy.
b. The Company will not sell or share user data with third parties unless required by law or
necessary to provide the service.
7. Refunds and Termination
a. Due to the nature of the digital service, no refunds will be issued for the newsletter sending
software. However, users who cancel their subscription will only be charged for the period used
indefinite contract.
b. The Company reserves the right to terminate a user’s account or subscription if there is any
violation of these Terms or fraudulent activities regular registration (for use of a continuous
trial period).
c. The Company reserves the right to terminate the contract, upon the User does not pay the monthly
plan’s fee.
8. Governing Law and Jurisdiction
a. These Terms are governed by the laws of Hungary. Any disputes arising from the use of the software
will be subject to the exclusive jurisdiction of Hungarian courts.
9. Limitation of Liability
a. The Company will not be held liable for any direct, indirect, or consequential damages that arise
from the use of the software, including issues with email delivery or data breaches. The total
liability of the intentionally caused damage by Company will not exceed 10% of the amount paid by
the user for the software, excludes its liability in case of negligence.
10. Amendments
a. The Company reserves the right to amend these Terms at any time. Users will be notified of any
significant changes, and continued use of the software after such changes will be considered
acceptance of the new Terms.
11. Intellectual Property Rights
a. All content, software, and services provided by the Company, including but not limited to text,
graphics, logos, and software functionalities, are protected by copyright and other intellectual
property laws.
b. Users are granted a non-exclusive, non-transferable, and revocable license to use the software
for their personal or business purposes as outlined in these Terms.
c. Users may not modify, reproduce, distribute, or resell any part of the software or its related
materials without the express written consent of the Company.
d. All intellectual property rights associated with the software, including the content, reports,
and training materials, remain the property of the Company.
12. User Responsibilities
a. Users are responsible for ensuring that their use of the software complies with all applicable
laws and regulations, including those related to data protection and anti-spam legislation.
b. Users are prohibited from using the software for any unlawful activities, including but not
limited to the sending of unsolicited emails (spam) or the violation of any third-party rights.
c. The Company reserves the right to suspend or terminate any account that is found to be engaged in
illegal activities or in violation of these Terms.
13. Dispute Resolution and Consumer Rights
a. Any disputes arising between the Company and the user will be first addressed through good faith
negotiations. If the dispute cannot be resolved, users may refer the matter to the relevant consumer
protection authority or mediation board in Hungary, as applicable.
b. In the case of consumer rights, users have the right to seek remedies under Hungarian law and EU
consumer protection regulations.
14. Trial Period and Right of Withdrawal
a. Users may cancel their subscription within the first 14 days of the free trial period without any
payment obligation.
b. After the trial period ends, the subscription will automatically convert to a paid plan, and
users will be charged according to their selected plan (monthly or yearly). At this point, standard
cancellation and payment terms will apply.
c. Since the software is delivered as a digital service, refunds after the free trial period are not
permitted.
d. When a fixed-term contract expires, it is automatically converted into an indefinite contract.
15. Support and Customer Service
a. Users can submit inquiries or issues related to the software via email or the dedicated support
channel (e.g., Discord). The Company aims to provide timely support, but response times may
vary.
b. The Company does not guarantee continuous, uninterrupted access to the software and will not be
held responsible for any delays or issues caused by factors beyond its control, such as technical
failures or internet service interruptions.
16. Final Provisions
a. These Terms represent the entire agreement between the user and the Company regarding the use of
the newsletter sending software. Any previous agreements, whether verbal or written, are superseded
by these Terms.
b. If any provision of these Terms is found to be invalid or unenforceable by a court of competent
jurisdiction, the remaining provisions will continue to be valid and enforceable.
c. The failure of the Company to enforce any right or provision of these Terms will not be
considered a waiver of those rights.
17. User Account and Access
a. To access the software, users must create an account by providing accurate and complete
registration information.
b. Users are responsible for maintaining the confidentiality of their login credentials and must
notify the Company immediately of any unauthorized access or security breach.
c. The Company reserves the right to disable or suspend user accounts if there is any suspicion of
misuse, unauthorized access, or violation of these Terms.
d. Users agree that they will not allow any third party to access their account without the
Company's prior written consent.
18. Software Updates and Maintenance
a. The Company may, at its discretion, provide updates, patches, or new versions of the software to
improve performance, add new features, or address security vulnerabilities.
b. Users agree to accept automatic software updates, which may occur with or without prior
notice.
c. The Company will make reasonable efforts to perform maintenance outside peak hours but reserves
the right to temporarily disable access to the software for necessary updates or maintenance without
prior notice.
d. The Company is not responsible for any loss or disruption caused by such updates or maintenance
activities.
19. Termination by the Company
a. The Company reserves the right to terminate or suspend access to the software at any time, without
notice, for reasons including but not limited to legal compliance, technical reasons, or if the
Company discontinues the service.
b. In the event of such termination, the Company will offer pro-rated refunds for any remaining
subscription periods unless the termination was due to a breach of these Terms by the user.
c. The Company will not be liable for any damages or loss of data resulting from the termination of
access to the software.
20. Data Ownership and Retention
a. Users retain full ownership of the data they upload, including email lists, but grant the Company
a non-exclusive right to process such data for the purpose of providing the service.
b. Upon termination of the subscription, the Company will retain user data for 30 days, during which
users may request to retrieve or delete their data. After this period, the Company will permanently
delete the data, except where retention is required by law.
c. The Company will not be responsible for any loss of data that occurs as a result of user actions
or decisions, including the deletion of data after account termination.
21. Account Access and Security
a. Users are required to implement appropriate security measures to protect their accounts, including
using strong passwords and changing them regularly.
b. Users must immediately notify the Company of any security incidents, such as suspected
unauthorized access or hacking.
c. The Company is not responsible for any data loss or security incidents that occur due to
improperly secured user accounts.
22. Data Security and Confidentiality
a. The Company uses high-level encryption to protect sensitive data, including user information and
email lists.
b. Data uploaded by users is stored in encrypted form, and third-party access is only granted with
the user’s explicit consent or as required by law.
c. Users must ensure that all uploaded data complies with applicable data protection laws and does
not infringe the rights of third parties.
23. Auditing and Compliance
a. The Company reserves the right to regularly audit the data and newsletters uploaded by users to
ensure compliance with legal and ethical standards.
b. The Company may suspend or terminate the accounts of users who violate data protection,
anti-spam, or any other applicable laws.
c. The Company reserves the right to take legal action in cases where violations are discovered
during audits.
24. Account Transfer
a. User accounts may not be transferred to third parties without prior written consent from the
Company.
b. Account transfers can only occur during the entire subscription period and must not affect
existing user obligations.
25. Storage and Data Retention
a. The Company provides storage space for user-uploaded data but reserves the right to implement
storage limits to optimize service performance.
b. User-uploaded data will be retained by the Company for 30 days following the termination of the
contract, during which time users can request to download or delete their data. After this period,
the data will be permanently deleted.
26. Delays and Force Majeure
a. The Company is not liable for delays or service interruptions caused by force majeure events, such
as natural disasters, war, strikes, technical failures, or other circumstances beyond its
control.
b. If the service is unavailable due to force majeure for more than 90 consecutive days, users have
the right to terminate the contract exceptionally.
27. API Access and Integrations
a. The Company may provide API access for integrating third-party tools, but users are responsible
for ensuring that these integrations comply with the Company’s security protocols and data
protection policy.
b. The Company is not liable for errors or data losses that occur due to the use of third-party
integrations.
28. Indemnities and Liability
a. Users agree to fully indemnify the Company for any damages, costs, and legal claims arising from
the breach of the Terms or illegal activities.
b. Users are not entitled to make legal claims against the Company for damages that are not directly
caused by the Company’s actions.
By using the newsletter sending software, users acknowledge that they have read, understood, and
agree to these Terms and Conditions.
For more details regarding data protection practices, please refer to the Company's [Privacy
Policy].
