The 'Terms of Use' constitute a legal agreement between you and Acumbamail S.L., a limited company in Spain. We are the company ('Acumbamail') and you are a client or will become a client if you accept our Terms upon signing up. Completing the subscription form is the 'signature' of this Agreement for all purposes. Anyone who clicks on the button on behalf of another person or entity declares and guarantees to do so you with full authority.
'Acumbamail' is an email marketing company with address at Avda. del Rey Santo3D 3ª planta Oficina 2, 13001 Ciudad Real (Spain). It was registered in the Companies Register by the notary Pedro Antonio Vidal Pérez, and was entered on 10 September, 2012 with entry number 1/2012/3,160.0 journal 50, entry 2478 and dated 20 September 2012 in volume 551, sheet 2, 2nd entry on page CR-21870 and registered as a Limited Company with Company Tax Number B13538590 and the name 'Acumbamail S.L.. All rights reserved. All Acumbamail servers are hosted in Spain.
The purpose of these Terms of Use (or 'Agreement') is to establish the terms and conditions under which you may use our newsletter creation and distribution system, and SMTP Relay management and notification systems.
Access to and use of content and services of this website confers user status by accepting these terms and undertaking to use such content and services with due respect for the law and good faith.
Reproduction, distribution or modification of any content on this site (including but not limited to texts, information, documents, drawings, designs, graphics, images, or sound files or any other kind) without the express permission of Acumbamail, S.L. is prohibited.
The contract will be executed in Spanish.
You can access your pricing plan and your invoices from the section.
The information about our services (including descriptions, amounts and rates) is not an offer. It is an invitation for you to purchase our products. The agreement shall only be considered when the request is accepted. Steps for purchasing process:
1. Create an account
2. Select type of pricing plan and the period (monthly or annual)
3. Fill in your bank card details
4. Fill in your invoicing details
5. Once payment is confirmed, your pricing plan will be activated
This Agreement shall enter into force on the same day that Acumbamail communicates the acceptance of the request for services to the Client, or when Acumbamail proceeds to the activation of the contracted Service, which is understood to have an indefinite duration. The Agreement is understood to be automatically renewed if the parties continue to fulfil their contractual obligations.
We reserve the right to modify any of the terms of this Agreement by posting the new Terms of Use on our website and/or sending an email to the email address that the user has given us, so that users can be made aware of them before processing the request to contract the Services offered.
Acumbamail may terminate this Agreement at any time for any reason by notifying the other party. We may suspend the services we offer you at any time with or without cause. Once you cancel your username and account, you can delete your templates or email messages, and your data and any files or data related to your account. Furthermore, if you do not connect to your account for 12 months or more and you are not up-to-date with payment, we may consider your account to be inactive and delete all related data. The access and sending log files will only be stored in our systems for the established legal time.
The customer may terminate this Agreement by written notice at least thirty (30) days before the date they wish to terminate the relationship.
Acumbamail may withdraw or suspend the provision of the contracted services at any time and without notice if:
1) It considers that any of the terms of this Agreement have been breached, and may request the payment of alleged damages as a result of the breach.
2) It has actual knowledge that the use made by the Customer of the contracted Services is unlawful or harms property or rights of a third party liable for compensation.
3) It receives a notification through which it is informed that the use made by the Client of the contracted Services may constitute criminal activity under the laws of the country of the issuer of the notification, whether or not it constitutes a crime in accordance with Spanish law.
4) At the time the Customer communicates the resolution, Acumbamail will issue an invoice for the amount accrued.
Furthermore, without prejudice to the above, the Agreement shall terminate when any of the following occurs:
a) Mutual agreement of the Parties
b) Serious breach by either Party of any of their obligations under the Agreement
c) When either of the Parties initiates winding-up, bankruptcy or insolvency proceedings, or if their property is seized, in such a manner that the other contracting Party is at imminent risk of seeing the purpose of this Agreement failing.
You are responsible for maintaining the confidentiality of your username and password provided for such purpose and therefore are responsible for the uses made of your account by you and by others. Furthermore, you agree to immediately report any unauthorised use of your accounts.
Acumbamail will not make any use of the data that your account consists of beyond what is needed to deliver and improve the service it offers. It will not share user data with any third party nor will it be used to send information.
Rates include legally applicable Value Added Tax (VAT) and are shown in euros.
The Client agrees to pay the amount corresponding to the contracted monthly pricing plan in advance each 30 calendar days in euros. The Client undertakes to give instructions to the bank they hold their current account with so that the invoices can be paid within the period specified above. The Client will assume all costs and bank fees arising as a result of payment of the stipulated price.
If an invoice is unpaid for any reason not attributable to Acumbamail, Acumbamail will be entitled to charge an additional handling fee to cover bank charges resulting from such rejection and the cost of the administrative charge arising therefrom in Acumbamail's accounting department. If the invoice continues to be unpaid after (30) days, Acumbamail will be entitled to cancel the Client's account, suspending the provision of the contracted Services.
The monthly payment plans may vary when circumstances so require and with adequate notice to active users.
You can pay by bank card.
We are required to provide a refund only if we end the service that we provide without offering a reason. The refund will only take effect in relation to the remaining days of the current month that has not ended, and never for previous months. There is no other circumstance in which you are entitled to a refund from us.
Our customer support service is available for any possible complaint you may have. You can contact us on +34 91 198 8405 or by emailing: support@gumbamail.com
The parties submit to, at their free choice, the courts and tribunals of Ciudad Real for the resolution of conflicts, thereby waiving any other jurisdiction.
All intellectual property rights on any content of Gumbamail are owned by Acumbamail, S.L. and are protected by Spanish, European Union and International laws. We own all property rights of the website, the extension and the software used to provide the services, except the intellectual property rights of what you send and the lists that you own.
You expressly understand and guarantee that you will not add or upload content to the extension to create a newsletter, or for any other purpose, unless you are the owner of all property rights on the content (or you hold a valid property rights ownership licence to such content).
The contracted service should be used only for lawful purposes. The use of any of the contracted services for purposes that violate any local, state, national or international law or that simply affect morality and good customs or are offensive to any person or group of people is strictly prohibited.
While using Gumbamail's services the user may not:
- Disclose or transmit any unlawful, abusive, defamatory, racist, offensive, or any other information likely to cause objection, either through photographs, text, ad banner or links to external websites.
- Publish, transmit, reproduce, distribute or exploit any information or software containing viruses or other harmful components.
- Publish, transmit, reproduce, distribute or exploit software or other material that is not original (pirated).
- Publish, transmit, reproduce, distribute or exploit material that may infringe intellectual property rights.
- Publish sites that set out to illegally obtain passwords to email accounts or bank accounts.
- Publish or provide material or resources for hacking, cracking, or any other information that might be considered inappropriate.
- Publish, transmit, reproduce, distribute or exploit material containing child pornography or any related marketing.
- Create several free accounts for common use. In the event of free accounts created from the same IP, they'll have a temporary duration of 15 days with the aim of allowing the use of Gumbamail for courses, universities and training centres.
Any use of the service for illegal purposes will authorise Acumbamail to suspend the contracted services without notice. Furthermore, you undertake:
1. Not to publish or send any defamatory, obscene, hateful, racist, abusive or misleading material.
2. Not to share your password.
3. Not to incorporate text, photos, graphics or other content that has not been created by you into your emails, unless you have the appropriate licenses.
4. Not to use the extension to send spam.
5. Not to use the extension for sending phishing emails or any other illegal activity. If illegal practices are carried out, Acumbamail reserves the right to withdraw a payment from the customer's credit card as compensation for damages caused to the reputation of its sending machines caused by this misuse.
Acumbamail reserves the right to stop any sending when a high number of complaints are detected and/or a high percentage of non-existent email address are present. It may also stop any mailing that violates any of the conditions mentioned herein. Emails stopped due to breach will be counted as fully sent, both in free and paid pricing plans.
If you don't want Gumbamail to use your logo in the customer section of your website, please let the marketing department of Acumbamail know at any time.
The material in this website and the services (including all content, software, features, services, materials and information presented, or accessible through it) are provided as they are, without guarantees of any kind, either express or implied. The Client acknowledges that the entry into force of this Agreement does not imply any representation, guarantee or provisions other than those specifically described for each of the offered Services.
Under no circumstances will we or any of our employees or representatives be liable for indirect, punitive, special or consequential damages, even if we or any of our employees or representatives have been advised of the possibility of such damages. You agree to indemnify any employee of the company for losses resulting from any unauthorised claims through this Agreement, including third parties claims.
Acumbamail may temporarily interrupt the Client's access to or availability of its Services due to security reasons or to redesign Acumbamail's computing resources in order to improve the provision or configuration thereof. In any case, Acumbamail will make every effort to ensure that such interruptions minimally affect the Client.
In any case, Acumbamail will make every effort: (a) to notify the Client, to the extent possible and with reasonable notice, of those periods in which it interrupts it Services and (b) that such interruptions minimally affect the Client. Acumbamail will not be responsible for interruptions due to Force Majeure, or causes that are beyond its control.
We are not responsible for the behaviour of advertisers, linked websites, or other users.
Acumbamail is not responsible for any delays or failures which may occur in the operation of its technological architecture, nor for any interruptions or poor performance of the contracted Services in the event that they are the result of faults produced by natural disasters such as earthquakes, floods, lightning or fires, situations of force majeure or which are reasonably out of their control. To this end, the following elements are considered to be reasonably out of their control:
- Modem
- User's system or computer
- Net PC or Web PC
- Browsing software
- Applets, ActiveX controls and browser plugins
- Viruses
- Switched telephone network, TDSI, frame relay, cable, satellite, and other transport or telecommunications infrastructure
Therefore, Acumbamail is not responsible for any delay or failure in the performance of any part of this Agreement in the event of any cause that is outside our control or is not caused by us.
The non-applicability or invalidity of any term, disposition, section, or subsection of this Agreement will not affect the validity or enforceability of the other terms.
No amendment or any other change to this Agreement will be effective as long as the revised agreement is published on this website.
Gumbamail offers a software service to their customers so they can send messages to their current and potential clients based on permissions. Therefore, sending unsolicited mail through our system is forbidden. Acumbamail considers an email message to be unsolicited if the recipient has not given clear and categorical permission to the sender to receive email messages from said sender. Thus, we forbid our clients from using bought, shared, commercialised or added lists. It is also forbidden to send mail with third-party content. All of our customers must comply with this policy. If Acumbamail discovers that a customer is sending unsolicited emails, we will stop providing our services to said customer.
As a means of avoiding Spam we have to check that the customer owns their domain. We also have two mechanisms to allow the user to unsubscribe quickly and easily, or when receiving the email using a visible link or marking the email as Spam (if the ISP returns us that information). The platform manages unsubscriptions automatically.
1. Current Legal System
1.1. Commercial messages and promotional offers will be governed by their current regulations on commercial materials and advertising, as well as by Law 34/2002.
1.2. In addition, Organic Law on Data Protection 15/1999 of 13 December, governing the Protection of Personal Information, will be applied, as well as its regulations regarding the collection of personal information, informing interested parties, and creating and maintaining personal data files.
Below is an analysis of the different articles of Law 34/2002 or LSSI:
2. Constraints on the piece or communication being sent
According to article 20 of Law 34/2002 or LSSI, any communication sent should include certain information and comply with the requirements outlined below:
2.1. Commercial messages sent electronically must be clearly identifiable as such and they must indicate the physical or legal person on behalf of whom they are made.
2.2. In the case of promotional offers, such as those that include discounts, prizes and gifts, and contests or promotional games, following the corresponding authorisation, it should be ensured that, aside from the requirements in the previous section and the regulations governing trade management being complied with, they are clearly identified as such and the conditions of access and, if applicable, participation, are expressed clearly and unequivocally.
3. When sending communications via email is forbidden
According to article 21 of Law 34/2002 or LSSI, it is forbidden to send promotional or advertising messages via email or any other equivalent medium of electronic communication that have not been previously requested or expressly authorised by the recipients of said messages.
In the event that the recipients have had a commercial relationship with the sender, sending messages via email is authorised, as long as the emails refer to products or services offered by the sender and that are similar to those which were initially the purpose of the contract.
Therefore you may send communications via email to your customers, both current and those which which you have had a commercial relationship in the past, as long as you respect the conditions regarding the messages or communication being sent and the rights of the recipients, as explained in section four of this document.
4. Rights of the recipients
According to article 22 of Law 34/2002 or LSSI, the rights of the recipients of commercial messages via email are as follows:
4.1. If the recipient of the services were to provide their email address during the contracting or subscription process for a service and the seller or service provider intends to use it to send commercial information at a later date, they must notify the customer of their intention to do so and request their consent to receive said communications before the contracting procedure is complete.
There are several procedures for doing this:
Double Opt-in: Registration system by which the user accepts and confirms their express consent expressly and unequivocally (generally through a validation done by email), though it can always be revoked, to receive messages via email.
Notified Opt-in: Registration system by which the user subscribes via the Opt-in system and immediately afterwards receives a message giving them the option to unsubscribe. If the user opens the message but does not unsubscribe but remains subscribed, it is a notified Opt-in.
Opt-in: (Authorisation) It is given when the user expressly and unequivocally gives their permission to a company to use their email address with the purpose of receiving commercial information, even if they do not confirm the subscription from their own email account (as is the case generally with the double Opt-in).
In addition, the Organic Law on Data Protection 15/1999 of 13 December establishes the requirement that when personal information is collected, such as email addresses, the existence of the file should be notified to the Spanish Data Protection Agency (http://www.agpd.es).
4.2. The recipient may remove their consent to receive commercial information at any time by simply notifying the sender of their wish to do so.
To this end, service providers must put simple and free procedures in place so that the recipients of the services can withdraw the consent they have given.
In addition, they must provide accessible information on electronic platforms regarding said procedures.
* Note: This text is for information purposes only, and in no case should this information be considered legal advice.
If you take part in any illegal activity by violating the laws which govern the sending and content of mass emails, or if you try to take advantage of any feature of the platform which violates our Terms of Use by taking actions such as using our servers to store images, or send emails created using Acumbamail but sent using a different service, or not paying a pending invoice, we have the right to charge a pre-established amount, calculated by estimating the real damages that your conduct would probably cause, including lawyer fees. We offer complex and powerful tools at a very low price. In exchange, we expect our customers to act with integrity, following our rules in order to help us maintain our reputation.