Please read these Terms carefully.
By using the E-goi Platform or by creating an account with us, you are agreeing to the present Terms and Conditions and to the contractual obligations set forth in the E-goi Master Service Agreement.
To help you understand these Terms, find below a brief overview of the services we provide:
E-goi Platform – an online marketing platform designed to manage contacts and create and manage marketing campaigns, which may include sending emails, postal messages and other mailings.
Our services are available at the following website: www.e-goi.com
By entering into an agreement with us, you are also entering into a contract with E-goi, Lda, a Company registered in Portugal (Conservatória do Registo Comercial do Porto, registration number 514727420) and whose registered office is situated at Av. Menéres, 834, Matosinhos.
These Terms should be seen as an integral part of the E-goi Master Service Agreement, governing the rights and duties of the parties, including how you shall use your account and how we shall manage it.
If you do not agree with the Terms of this agreement, you cannot enter into a contract with us nor use any of our Services in any way.
The Terms may be reviewed and amended at any time. Updated versions will be posted on our site. Your use of an account with us following such changes constitutes your acceptance of those changes.
We may modify or terminate our services, add-ons or any of our service features and settings at any time. We will endeavour to give you reasonable advance notice of the changes.
A) Registration and use
To use our services you are required to:
1) Be 18 years old or over;
2) Complete the E-goi Platform’s registration process;
3) Agree with these Terms and Conditions;
4) Provide truthful and accurate contact and billing information, which you should update when requested.
By using the E-goi services, you are accepting that you meet the above requirements. We reserve the right to confirm and validate, as allowed by law, the information you provide.
If you represent a commercial organisation or any other kind of legal entity, you certify that you are entitled by such entity to accept these Terms and enter into a contract with us as the entity you represent.
We reserve the right to terminate any account for which the above is not met.
By registering for an account with us, you are bound to these Terms and to the contract you enter with us. The contract and your account will remain effective until you delete the account, unless sooner terminated by us for any reason.
C) Deleting an E-goi Account
Both you and us may delete an E-goi account with prior notice or immediately, as long as there is a valid, justified and duly reported reason for the deletion.
In case your account must be deleted or suspended by us due to no fault of your own, we will refund you the amount proportional to the time after the account was deleted or suspended during which you could not use our services.
If your account remains inactive for 6 months or more, we will contact you to give you the option to re-enable it within 15 days. If no action is taken by you until then, the account will be deleted after 30 more days have elapsed.
D) Account and Password
You are responsible for keeping your username and password secure. You are also responsible for all accesses to your account and user activity, except for any access and tasks you specifically ask us to perform on your behalf and under your instructions.
Please contact us immediately If you notice any unauthorised access to your account.
We are not liable for any loss or damage due to passwords that may have been stolen from you, including security breaches in your organisation. We will never be given access to your password, but for security reasons and at your request, we can provide you with the instructions to delete it.
E) Account Ownership Disputes
Any ownership claims must be resolved between you and the third party claiming to own the account. We may intervene only insofar as may be necessary to suspend a claimed account, including disabling its login access and sending options, in order to keep its data safe and private.
Payments will be made by you according to your contract with us and using the method set forth therein. Additional taxes may apply depending on the payment method you choose.
G) Contacts in your Account
Regardless of the number of contacts you have, only those contacts actually in your account will count towards your plan or service quota.
H) Free Trial
If you use the E-goi services under our free trial but you need to exceed the trial limits or intend to keep using the services when the trial ends, you must sign up for one of the plans we provide, as specified in the contract you enter with us or under these Terms. The free trial is one-off and a single month long.
In case we are required to suspend our services or delete your account due to no fault of your own, we will reimburse you the amount proportional to the services you paid for but were prevented from using. Refund taxes may apply depending on the payment method you chose.
J) Pricing Changes
We shall notify you of any price changes in our services at least 30 days before the changes become effective.K) Intellectual Property
E-goi owns all intellectual property rights (registered or not) across our services, including but not limited to patents, brands and other intellectual property rights. You are expected to be aware of and respect them while using our services. Similarly, while using our services you agree to only use materials, content, personal data and information which has been granted to you with explicit consent from their respective owners.
M) Content and Campaigns
The content of your account and campaigns may be viewed, copied or distributed at any time inside our infrastructure in order to create algorithms and programs (which we refer to as Tools) that help us improve our services and trace any issues in your account. These Tools are in place to essentially find users who breach our Terms or any applicable law, especially regarding the protection of personal data.
N) General Conditions of Use
By accepting the Terms of our service, you are bound to the following conditions of use:
1) Do not send spam;
2) Do not use personal data which you have purchased or in any other way obtained from third parties;
|Unique opens||greater than or equal to 2%||Calculated on the number of opens for messages sent in the last 3 days.|
|Hard bounces (recent)||less than or equal to 2%||Calculated on the number of bounced messages in the last 15 days.|
|Hard bounces (total)||less than or equal to 15%||Calculated on the number of total contacts.|
|Opt-outs||less than or equal to 1.4%||Recipients who click the "Remove" link in the message.|
|Suspicious contacts||less than or equal to 10%||Known bounces, role accounts and non-existing or disposable email addresses.|
|Spam complaints||less than or equal to 0.08%||For over 1000 messages delivered (up to a limit of 50 complaints per day).|
|Spam complaints from opens||less than or equal to 1%||Calculated on the number of opens for messages sent in the last 3 days.|
|Spamtraps and unjustified complaints||less than or equal to 1||Spamtraps are email addresses created to mark illegal contact databases.|
We will also suspend and delete any account used to advocate for and incite violence, discrimination or contains anything which may be seen as abuse or in any way illegal.
It is important to us that you let us know in case you believe any user of our services may be breaching these Terms. You should also contact us if you believe any such user is infringing the intellectual property rights of any third party.
P) Applicable Law
By using our services, you accept that you will abide to the the full extent of the law as applicable to your business and activity, especially, but not solely, Portuguese Decree-law nr 58/2019 (August 8), which enforces the EU Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals concerning the processing of personal data and the free movement of such data.
If you collect personal information from a minor, you must ensure you obtained consent from their parent or guardian to do so as well.
You should also ensure that your collection and handling of personal data in our services informs the data owner about the rights they have been granted by the EU Regulation 2016/679 of the European Parliament and the Council of 27 April 2016, namely that:
1) The owner of the personal data has given you prior explicit consent to how you will be using their personal data;
2) You have clearly informed the owner of the personal data on why you are collecting their data;
3) The owner of the personal data is able to, at any time, withdraw their consent to your use and handling of their data;
4) You have clearly informed the owner of personal data on who is responsible for handling their data and how to contact that person or any duly authorised representative (the Data Processor);
5) The owner of the personal data has the right to access their data;
6) The owner of the personal data has the right to rectify their data;
7) The owner of the personal data has the right to erase their data (“Right to be Forgotten”);
8) The owner of the personal data has the right to restrict processing their data;
9) The owner of the personal data has the right to portability of their data whenever possible;
10) The owner of the personal data has the right to object, at any time, to the processing of their data for a specific situation.
Q) Governing Law
Any matter or dispute relating to these Terms and the contract you enter with us shall be resolved exclusively in the courts of Matosinhos.
R) Force Majeure
None of the parties (E-goi and you) shall be liable to the others for breach or failure to perform its obligations under these Terms or under the contract you enter with us if they are unable to do so under the circumstances of Force Majeure. “Force Majeure” means an event or sequence of events beyond any party’s reasonable control preventing or delaying it from performing its obligations under these Terms or the contract you enter with us, including, but not limited to, strikes, war, accidents, riot or civil unrest, natural disasters, local emergency, interruption or failure of national telecommunications, legal restrictions and Government or regulator acts or failure to act.
A party affected by Force Majeure shall immediately give notice to the other party to that effect, detailing the circumstances giving rise to the Force Majeure event. The affected party shall promptly resume performance of its obligations regarding these Terms and the contract they have entered into as soon as is reasonably possible after removal of the circumstances of Force Majeure.
S) Waiver of Terms
The fact that E-goi may not immediately exercise a right or privilege in these Terms due to breach of Terms or contract shall not be construed as thereafter waiving any such rights or privileges.
T) Security breaches
In case of a personal data breach, E-goi, as the Data Processor, shall notify you without undue delay after becoming aware of the breach.
All communications between us and you shall be conducted by email.