1. Acceptance of Terms
1.1 Binding Agreement
Welcome to EvoxMails, an email marketing automation platform (“Service,” “Platform,” “we,” “us,” or “our”) provided by Cotlas Web Solution (“Company”). By accessing, registering for, or using the EvoxMails platform, website, mobile applications, API services, or any related services (collectively, the “Services”), you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions (“Terms”).
1.2 Modifications and Updates
We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Continued use of the Services following the posting of changes constitutes your acceptance of such changes. Material changes will be communicated via:
- Email notification to registered users
- In-platform announcements and banners
- Updated timestamp on this document
1.3 Supplemental Terms
Certain Services may be subject to additional terms, conditions, guidelines, or rules (“Supplemental Terms”). All Supplemental Terms are incorporated by reference into these Terms. In case of conflict between these Terms and Supplemental Terms, the Supplemental Terms shall prevail for the specific Service.
2. Account Registration and Security
2.1 Eligibility Requirements
To use EvoxMails Services, you must:
- Be at least 18 years of age or the age of majority in your jurisdiction
- Possess the legal authority and capacity to enter into binding contracts
- Provide accurate, current, and complete registration information
- Maintain and promptly update registration information
2.2 Account Types
- Individual Accounts: For single users with personal or business use
- Team Accounts: Multiple users under organizational control
- Enterprise Accounts: Custom terms for large organizations
- Agency Accounts: For marketing agencies managing multiple clients
2.3 Account Security Obligations
You are solely responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Implementing appropriate security measures
- Immediately notifying us of any unauthorized access or security breaches
2.4 Verification and Authentication
We reserve the right to:
- Verify user identity through various means
- Require additional authentication steps
- Suspend accounts pending verification
- Refuse service to anyone at our discretion
3. Service Description and Features
3.1 Core Platform Services
EvoxMails provides comprehensive email marketing automation services including:
- Email campaign creation and management
- Contact list management and segmentation
- Marketing automation workflows
- Analytics and performance tracking
- A/B testing capabilities
- Template design and customization
- API access for integration
3.2 Service Levels and Limitations
- Free Tier: Limited features with usage restrictions
- Professional Tier: Enhanced features with higher limits
- Enterprise Tier: Full feature access with custom limits
- Custom Plans: Tailored solutions for specific needs
3.3 Service Modifications
We continuously evolve our Services and may:
- Add, modify, or remove features
- Change service limitations and quotas
- Update user interfaces and experiences
- Discontinue Services with reasonable notice
3.4 Technical Requirements
Users are responsible for ensuring they have:
- Compatible hardware and software
- Adequate internet connectivity
- Updated web browsers
- Necessary technical expertise
4. Acceptable Use Policy
4.1 Prohibited Content
You may not use EvoxMails to send, store, or process content that:
- Violates any applicable laws, regulations, or industry standards
- Infringes upon intellectual property rights
- Contains malicious code, viruses, or harmful components
- Promotes illegal activities or substances
- Constitutes spam or unsolicited commercial email
- Contains false, misleading, or deceptive information
- Is defamatory, obscene, or harassing
- Violates privacy or data protection rights
4.2 Email Marketing Standards
All email campaigns must comply with:
- CAN-SPAM Act requirements (United States)
- CASL requirements (Canada)
- GDPR requirements (European Union)
- Anti-spam laws in all applicable jurisdictions
- Industry best practices and standards
4.3 Specific Prohibitions
Users are expressly prohibited from:
- Sending to purchased, rented, or third-party lists
- Using false or misleading header information
- Employing deceptive subject lines
- Failing to provide clear unsubscribe mechanisms
- Sending to non-consensual recipients
- Engaging in address harvesting or dictionary attacks
4.4 System Abuse
Prohibited activities include:
- Attempting to circumvent usage limits or security measures
- Overloading system resources
- Conducting vulnerability testing without authorization
- Reverse engineering or decompiling the Services
- Creating multiple accounts to avoid restrictions
5. Payment Terms and Billing
5.1 Subscription Plans
- Monthly Plans: Recurring monthly billing
- Annual Plans: Prepaid annual billing with potential discounts
- Pay-As-You-Go: Usage-based pricing for specific features
- Custom Enterprise: Negotiated terms and billing cycles
5.2 Pricing and Changes
- All prices are in specified currencies (USD, EUR, etc.)
- We reserve the right to change prices with 30 days’ notice
- Existing subscriptions maintain current pricing for their term
- Additional fees may apply for excess usage
5.3 Billing and Payment
- Valid payment method required for paid plans
- Automatic billing at the beginning of each billing cycle
- Responsibility for providing accurate billing information
- Payment failure may result in service suspension
5.4 Refund Policy
- Monthly Plans: No refunds for partial months
- Annual Plans: Pro-rated refunds within 30 days of purchase
- Special Circumstances: Case-by-case evaluation
- Service Issues: Resolution-focused approach before refund consideration
5.5 Taxes
Users are responsible for:
- All applicable taxes, duties, and charges
- Providing accurate tax information
- Any tax-related reporting requirements
6. Intellectual Property Rights
6.1 Company Intellectual Property
EvoxMails and Cotlas Web Solution own and retain all rights, title, and interest in:
- Platform software, code, and architecture
- User interfaces, designs, and layouts
- Documentation, guides, and training materials
- Branding, logos, and trademarks
- Proprietary algorithms and methodologies
6.2 User Content Rights
Users retain ownership of:
- Email content and campaign materials
- Contact lists and subscriber data
- Custom templates and designs
- Original creative works
6.3 License Grants
User grants EvoxMails:
- Worldwide, non-exclusive license to process user content
- Rights necessary to provide and improve Services
- Permission to use anonymized data for analytics
EvoxMails grants User:
- Limited, non-exclusive, non-transferable license to use the Services
- Rights subject to compliance with these Terms
- Revocable access for the subscription term
6.4 Feedback and Suggestions
Users voluntarily providing feedback, suggestions, or ideas:
- Grant us perpetual, irrevocable rights to use such input
- Acknowledge we have no obligation to compensate
- Understand we may use feedback without restriction
7. User Content and Data
7.1 Content Ownership and Responsibility
- Users maintain ownership of their content
- Users are solely responsible for content accuracy and legality
- Users warrant they have necessary rights to use all content
- Users indemnify us against content-related claims
7.2 Data Processing Responsibilities
Users acting as Data Controllers must:
- Obtain proper consent from email recipients
- Maintain records of consent and permissions
- Honor unsubscribe requests promptly
- Comply with all applicable data protection laws
EvoxMails as Data Processor:
- Processes data according to user instructions
- Implements appropriate security measures
- Provides tools for data management
- Assists with data subject requests
7.3 Content Monitoring and Removal
We reserve the right to:
- Monitor user content for compliance
- Remove or disable access to violating content
- Cooperate with legal requests and investigations
- Take action against abusive accounts
7.4 Data Export and Portability
- Users may export their data through provided tools
- Standard data formats supported (CSV, JSON, etc.)
- Reasonable assistance provided for data migration
- Data availability subject to retention policies
8. Privacy and Data Protection
8.1 Privacy Policy Incorporation
Our Privacy Policy is incorporated into these Terms by reference and governs our collection, use, and disclosure of user information.
8.2 Data Protection Compliance
EvoxMails commits to:
- Implementing appropriate technical and organizational measures
- Complying with applicable data protection laws
- Providing data processing addendums where required
- Notifying users of data breaches affecting their data
User obligations include:
- Lawful collection and use of personal data
- Proper disclosure of data processing activities
- Maintaining accurate privacy policies
- Responding to data subject requests
8.3 International Data Transfers
- Data may be transferred globally with appropriate safeguards
- Standard Contractual Clauses used where required
- Additional measures implemented for data protection
- Transparency about data storage locations
8.4 Data Retention and Deletion
- User data retained during active subscription
- Data deletion available through account tools
- Backups maintained for disaster recovery
- Legal hold provisions may apply
9. Service Level Agreement
9.1 Uptime Commitment
- 99.9% Monthly Uptime for core Services
- Exclusions for scheduled maintenance and force majeure
- Monitoring and reporting through status dashboard
- Historical performance data available
9.2 Support Services
Support Levels:
- Basic Support: Email support with 48-hour response
- Priority Support: 24-hour response with phone access
- Enterprise Support: Dedicated account management
- Emergency Support: Critical issue resolution
9.3 Service Credits
- Service credits available for significant downtime
- Credit requests must be submitted within 30 days
- Credits calculated as percentage of monthly fee
- Maximum credit limited to one month’s service fee
9.4 Maintenance and Updates
- Scheduled maintenance communicated in advance
- Emergency maintenance with maximum notice possible
- Regular feature updates and security patches
- Backward compatibility efforts where feasible
10. Limitation of Liability
10.1 Direct Damages Cap
Our total cumulative liability to any user for all claims arising from or related to these Terms or the Services shall not exceed the greater of:
- Total fees paid by user in the 12 months preceding the claim
- One thousand dollars ($1,000 USD)
10.2 Exclusion of Consequential Damages
In no event shall we be liable for any:
- Indirect, incidental, or consequential damages
- Lost profits, revenue, or business opportunities
- Data loss or corruption
- Reputational harm or goodwill damage
10.3 Exceptions to Limitations
Limitations shall not apply to:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be limited by law
- Intellectual property infringement claims
10.4 Basis of the Bargain
Users acknowledge that the pricing reflects the allocation of risk and limitations of liability constitute an essential basis of the bargain between the parties.
11. Indemnification
11.1 User Indemnification Obligations
Users agree to indemnify, defend, and hold harmless EvoxMails, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
- User’s use of the Services
- User’s violation of these Terms
- User’s infringement of third-party rights
- User’s content and data processing activities
11.2 Indemnification Procedures
- Prompt notification of any claim
- Right to participate in defense with our own counsel
- No settlement without our written consent
- Cooperation in defense and settlement
11.3 Our Indemnification
We will indemnify users against third-party claims alleging that the Services infringe intellectual property rights, subject to:
- Prompt notification of the claim
- Control of defense and settlement
- Modifications to avoid infringement
- Replacement of infringing components
12. Termination and Suspension
12.1 Termination Rights
Users may terminate:
- At any time through account settings
- With written notice for material breach by us
- For convenience with applicable notice period
We may terminate:
- For material breach of these Terms
- For non-payment of fees
- For illegal or harmful activities
- For prolonged account inactivity
12.2 Suspension Rights
We may suspend Services immediately for:
- Violations of Acceptable Use Policy
- Security threats or suspicious activities
- Legal requirements or court orders
- Non-payment of outstanding fees
12.3 Effects of Termination
Upon termination:
- All rights and licenses terminate immediately
- Access to Services and data is disabled
- Outstanding fees become immediately due
- Data export available for limited period
12.4 Survival
Sections that by their nature should survive termination will survive, including: Intellectual Property, Limitation of Liability, Indemnification, and Governing Law.
13. Dispute Resolution
13.1 Informal Resolution
Parties agree to attempt informal resolution before initiating formal proceedings:
- Written notice of dispute required
- 30-day negotiation period
- Executive-level escalation available
- Good faith efforts to resolve
13.2 Arbitration Agreement
Binding Arbitration:
- Claims resolved through final and binding arbitration
- American Arbitration Association (AAA) rules apply
- Arbitration seated in Kolkata, West Bengal, India
- Each party bears own attorney fees and costs
Exceptions to Arbitration:
- Small claims court actions
- Intellectual property infringement
- Injunctive relief for violations
- Class action waivers
13.3 Class Action Waiver
Users agree to resolve disputes on an individual basis and waive any right to participate in class, collective, or representative actions.
13.4 Time Limitation
Any claim or cause of action must be filed within one (1) year after the claim arises, or be forever barred.
14. Governing Law and Jurisdiction
14.1 Governing Law
These Terms and any disputes shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
14.2 Jurisdiction
The courts located in Kolkata, West Bengal, India shall have exclusive jurisdiction over any disputes arising from these Terms, subject to the arbitration provisions.
14.3 International Considerations
- UN Convention on Contracts for the International Sale of Goods excluded
- Compliance with local laws remains user responsibility
- Export control and sanctions compliance required
15. Miscellaneous Provisions
15.1 Entire Agreement
These Terms, together with any Supplemental Terms and Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations.
15.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing.
15.4 Assignment
Users may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
15.5 Notices
- Notices to users via email or platform notifications
- Notices to us via registered mail or designated email
- Notice deemed given when sent for electronic communications
15.6 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including acts of God, war, terrorism, and internet infrastructure failures.
15.7 Relationship of Parties
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
15.8 Third-Party Beneficiaries
These Terms are for the benefit of the parties only and do not confer any rights on any third parties.
16. Contact Information
16.1 Official Communications
EvoxMails
Cotlas Web Solution
7, Mangoe Lane
Kolkata, 700001
West Bengal, India
Email: support-evoxmail@cotlas.net
Website: [Your Website URL]
Support Portal: [Your Support URL]
16.2 Legal Notices
Formal legal notices must be sent via registered mail to the address above with confirmation of receipt.
16.3 Support Inquiries
For technical support and general inquiries:
- Email Support: support-evoxmail@cotlas.net
- Response Time: Within 48 business hours
- Emergency Support: Available for critical issues
Acceptance Declaration
By registering for or using EvoxMails Services, you acknowledge that:
- You have read, understood, and agree to be bound by these Terms and Conditions
- You are authorized to enter into this agreement on behalf of yourself or your organization
- You accept all obligations and responsibilities outlined herein
- You understand the limitations of liability and dispute resolution procedures
- You consent to electronic communications and records
EvoxMails – Powered by Cotlas Web Solution
Professional Email Marketing Solutions
These Terms and Conditions are effective as of the date stated above. We recommend reviewing these terms regularly and maintaining copies for your records.