Contract conditions

ACCOUNT ACCESS

To access an account on emBlue, the following is required:

To be over 18 years old and be able to enter into a legally binding contract.
Complete the registration and billing form with accurate and up-to-date information.
Agree to all the terms and conditions listed below.

By accessing the service, the user acknowledges compliance with all previously listed terms and conditions and commits to not using the service in a harmful manner or in violation of the law. emBlue reserves the right to terminate the service for an account in case of non-compliance by the user.

DURATION OF THE AGREEMENT

By accepting these terms and conditions, the agreement between emBlue and the user is established. The agreement will remain in effect as long as the user's account is open or until it is terminated according to said terms and conditions.

PAYMENTS

The final prices are expressed in US dollars (taxes included). The invoice for the service will be issued within the first 5 business days of each month in US dollars.

This contract will be renewed automatically, monthly or annually (depending on the billing periodicity contracted). Non-observation of the invoice within 10 days from the moment it was sent implies conformity with the invoice.

SERVICE CANCELLATION REQUEST

To cancel the service, a request must be sent at least 15 days before the end of the current month. To do so, enter the menu, go to the Configuration / Usage and Billing. The cancellation will be effective on the last day of the month, and the service will remain active for the remainder of the month.

The failure to notify the cancellation of the service within the previously stipulated terms implies automatic renewal and billing for the new month, requiring payment of the amount generated for the entire new month, plus any excess usage charges incurred.

LATE PAYMENT

Failure to make payment past 30 days from the invoice date may result in automatic suspension of service.

Failure to pay two consecutive invoices will imply the automatic and unequivocal cancellation of the service.

The user will be obligated to pay all outstanding charges plus a monthly interest of 1% on the debt until the actual day of payment.

PERSONAL DATA PROTECTION

By accepting these terms and conditions, the user declares:

To be the owner of the database and/or contacts that will be managed in the use of emBlue's services and platform.
To be responsible for the collection, registration, organization, preservation, processing, modification, storage and extraction of such database and/or contacts.
To be responsible for any blocking and/or transfer of data to third parties within and/or outside the national territory in which it is located.
To be responsible for the use of such data before the corresponding National Data Protection Authority of each country, as well as before any competent authority on consumer protection and data protection according to each national territory.

GENERAL RULES

By consenting to these terms and conditions, the user agrees to abide by the following General Rules:

Do not send SPAM or any kind of messages to contacts who have not given their consent to receive them.
Do not include in their databases and/or contacts users who have not given their consent to be part of them.
Do not use databases and/or contacts that include purchased, rented and/or third-party email addresses.
Comply with emBlue's Acceptable Use Policy, which is part of these terms and conditions.
In case of using the emBlue platform API, the user must comply with the API Usage Policy, which is part of these terms and conditions.

PROHIBITED CONTENT

By accepting these terms and conditions, the user agrees not to use emBlue's services and/or platform to send, distribute, display and/or promote:

Offensive, illegal, harmful, or discriminatory content towards any individual or company.
Campaigns offering illegal products, goods and/or services.
Messages that violate the CAN-SPAM Act and/or any other anti-spam laws.
Pornographic and/or sexually explicit content.
Campaigns that support and/or promote terrorism or actions of extreme violence.
The user must commit not to send content that infringes copyright or other intellectual property laws: texts, images, videos, or other copyrighted material.
Sending false or fraudulent information, including identity theft or promoting scams, is prohibited.
The sending of campaigns containing misleading or fraudulent information, such as false promotions, deceptive advertising, or unsupported claims, will be monitored.
Users must not use the platform to distribute malware, viruses, or other harmful programs.
The creation and sending of phishing campaigns, which attempt to deceive recipients into revealing confidential information such as passwords or credit card details, is prohibited.

PLANS AND PRICES

PLANS

emBlue offers three (3) annual subscription plans with a monthly subscription option and a free plan.

Each of the plans includes a specific set of functionalities, conversations, and impressions according to the user's needs and requirements, as detailed on this page.

Free Plan: It includes free access to the CRM plus 300 email sends per day (with a limit of 5,000 per month). If the user requires more sends, they must upgrade to a paid plan.
Starter Plan: Includes access to the CRM and 10,000 email sends per month (with the option to expand up to 75,000 monthly). The Starter Plan also includes SMS and Pop Ups. The value of the plan starts at USD 27 per month with annual billing, or USD 34 per month with monthly billing.
Advanced Plan: It includes access to the CRM and 10,000 email sends per month (with the option to expand up to 500,000 monthly sends). In addition to the services included in the Starter plan, the Advanced Plan also includes the Happiness Module and NPS service, along with other benefits detailed in the following link. The value of the plan starts at USD 60 per month with annual billing, or USD 75 per month with monthly billing.
Plan Enterprise: You should consult your quotation as these plans are tailor-made for each company.

MODIFICATIONS AND UPGRADES

Once the user has selected their plan and completed the first payment, their conversations and functionalities will be enabled. From that moment on, emBlue will NOT make any automatic plan changes or upgrades without the user's consent.

If the user exceeds the monthly limit of conversations, they will be charged for the additional conversations used. They also have the option to change their conversation limit within the platform under Settings / Usage and Billing. Consumption in excess of the plan will be charged in the following month's invoice according to the costs detailed below.

If the user wants to use functionalities that are not included in their plan, they must upgrade to the higher plan that includes them.

ADDITIONAL CONVERSATIONS

The cost of additional conversations will vary according to the channel used by the user and depending on the plan the user has contracted. Likewise, all prices for additional conversations are expressed in US Dollars.

Email: The additional email sending will have a CPM cost of USD 3.4 for users of the Starter and Advanced plans; and USD 5 for users of the Free plans. For Enterprise plans, the additional CPM cost will be USD 1.98.
Email with attachment: The inclusion of additional attachments through email will incur an additional CPM cost of USD 5 dollars starting from Advanced and Enterprise plans.
Pop Ups: Additional impressions through OnSite Pop-ups will incur an additional CPM cost of USD 0.5 cents for users of Starter, Advanced, and Enterprise plans.
SMS: Available starting from Starter plans, it does not have a variable value according to each plan, but it will depend on the country to which the messages are sent, as expressed below:
- Argentina CPM USD 48
- Brasil CPM USD 15
- Mexico CPM USD 15
- Colombia CPM USD 3
- Perú CPM USD 60
- Chile CPM USD 20
- Bolivia CPM USD 100
- Ecuador CPM USD 100
- Paraguay CPM USD 20
- USA CPM USD 10
- Uruguay CPM USD 70