Terms and Conditions

ACCOUNT ACCESS

The following conditions are necessary to access an emBlue account:

• Being over 18 years old and able to sign a legal contract.
• Complete the registration and billing form with updated and real data.
• Agree to all the terms and conditions listed below.

By agreeing to use the service, the users declare their compliance with all the terms and conditions listed above and agrees not to use the service in a detrimental manner or against the law. A emBlue reserves the right to terminate the service to 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 shall remain in force as long as the user has opened his account or until it is cancelled in accordance with these terms and conditions.

PAYMENT

• The final prices are expressed in US dollars (including taxes).
• The invoice for the service will be issued within the first 5 working days of each month in the local currency of the country where the contract is signed. The official exchange rate published in the Central Bank of that country will be taken as a reference.
• This contract will be automatically renewed on a monthly basis.
• The non-observance of the invoice within 10 days from the moment it was sent implies conformity with it.

CANCELLATION OF THE SERVICE REQUEST

To cancel the service, a request must be sent through at least 15 days before the end of the current month. To do so, you must access the menu, go to configuration and then to billing. The service will be provided for the rest of the month.

The lack of notice of cancellation of the service in the terms stipulated above will imply the automatic renewal and the billing of the new month.

FAILURE TO PAY ON TIME

Failure to pay after 30 days of sending the invoice may result in automatic suspension of service.

Failure to pay two consecutive bills will result in the automatic and unequivocal cancellation of the service.

The user will be committed to pay all unpaid charges plus a monthly interest of 1% on the debt until the day of the effective payment, having also to proceed to the immediate return of the elements that would have been delivered.

PROTECTION OF PERSONAL DATA

By accepting the present terms and conditions, the user declares:

• Being the owner of the database and / or contacts to be managed with the use of services and the emBlue platform.
• Being responsible for the collection, registration, organization, conservation, elaboration, modification, storage, and extraction of said database and/or contacts.
• Being responsible for any blocking and / or transfer of data to third parties within and / or outside the national territory in which it is located.
• Being responsible for the use of such data before the corresponding National Data Protection Authority of each country and, likewise, before any competent authority in matters of consumer protection and its data according to each national territory.

GENERAL RULES

By consenting to these terms and conditions, the user commits to follow the following General Rules:

• Not sending SPAM or any type of messages to contacts who have not given their consent to receive them.
• Not to include in their databases and/or contacts users who have not given their consent to be part of them.
• Not to use databases and/or contacts which include purchased, rented and/or third-party e-mail addresses.
• Following emBlue’s acceptable use policy which is part of these terms and conditions.
• In case of using the API of emBlue´s platform the user must follow the API use platform policy which is included within these terms and conditions.

FORBIDDEN CONTENT

By accepting the present terms and conditions, the user commits not to use emBlue services and/or platform to send, distribute, show and/ or promote:

• Content that is offensive, illegal, harmful, or discriminatory to any person or company.
• Campaigns offering illegal products, goods and/or services.
• Messages that violate CAN-SPAM and/or any other anti-spam law.
• Pornographic and/or sexually explicit content.
• Campaigns that support and/or promote terrorism, acts or actions of extreme violence.

PLANS AND PRICES

PLANS

emBlue's platform offers three (3) plans monthly instalment plans and a free plan. Each of them includes a specific number of functionalities, conversations, and print outs, according to the needs and requirements of the user and as detailed on this page.

• Enterprise Plan: 2.500.000 monthly conversations included by $US 1800.
• Professional Plan: 500.000 monthly conversations included for $US 900.
• Plano Standard: 50.000 monthly conversations included for $US 180.
• Free Plan: 5.000 monthly conversations included (email) for $US 0.

MODIFICATIONS AND UPGRADES

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

In case the user uses features that are not included in their plan or exceeds the number of monthly conversations on such plan, they must pay for the additional conversations used, which will be charged on the next month's bill according to the costs detailed below.

ADDITIONAL CONVERSATIONS

The cost of the additional conversations will vary according to the channel used and the plan the user has chosen. Likewise, all the prices of the additional conversations are provided in American dollars and will be charged to the user in the local currency of the country where the agreement was signed.

• The additional conversations via email will have an additional CPM Price of $US 0,72.- for Enterprise plan users; $US 1,8 for users of the Professional plan; $US 3,6 for users of the Standard; and $US 5 for users of the Free.
• The inclusion of additional attachments via email will have an additional CPM price of $US 5.- for the users of the Enterprise plans.
• The additional conversations via Pop ups with OnSite will have an additional cost of $US 0,3 CPM for the users of the Enterprise, Professional, Standard and Free plans.
• The additional conversations through Push notifications will have an additional cost of $US 0,3 CPM for the users of the Enterprise, Professional and Standard plans.
• The cost of the additional conversations via SMS will not vary or will only vary in agreement with the plans, but it will depend on the country where the countries are sent to, in compliance with the following.
  
  
  • U$D 150 (CPM) in Ecuador.
  • U$D 108 (CPM) in Bolivia.
  • U$D 88 (CPM) in Uruguay
  • U$D 59 (CPM) in all Central América.
  • U$D 45 (CPM) in Argentina and Perú.
  • U$D 29 (CPM) in Paraguay.
  • U$D 26 (CPM) in México and Brasil.
  • U$D 3,5 (CPM) in Colombia.