Delivery Tech is a company based in the United States of America (USA) and operating from California, 4411 Morena Blvd #105, San Diego, CA 92117. As our company offers services globally, we have appointed eDisplay Srl as our European representative.
eDisplay Srl is:
- Responsible for cooperating with the privacy authority and with managing European clientele and is an attorney authorized to sign this Agreement. Edisplay srl headquartered in Italy, Viale del lavoro 53, 08023, Fonni (NU), (hereinafter, Delivery Tech corp. and eDisplay srl called without distinction “Emailchef”).
- The contract partner: for european customers or users, every data is managed by Edisplay srl: invoices, payment systems, data collect.
Customer Identification
The Customer is identified by the information provided in the personal data section on the website www.emailchef.com, through its legal representative (hereinafter referred to as “Customer” or “you/your”).
Service Description
Emailchef is an online marketing platform offered as Software As A Service (SaaS). The platform allows you to:
- Manage your contacts;
- Create, send, and track marketing campaigns, including emails, ads, and mailings.
Campaigns can be managed individually (referred to as “Campaign”) or through multiple executions (referred to as “Campaigns”).
The Emailchef app can be accessed and purchased through the official website: www.emailchef.com.
Terms and conditions
By using Emailchef or signing up for an account, you agree to these Terms, which constitute a legal agreement between you and Emailchef.
To begin, you will find some basic definitions to help you better understand these Terms.
1. Definitions
- Agreement: the contract that includes the Terms of Use, the Privacy Policy, the Cookie Policy, and the usage terms of any add-ons.
- Emailchef App: Emailchef’s online email marketing platform (delivered as Software As A Service).
- Payment: any transaction made through the system for purchasing a commercial plan.
- Closing date: the date on which your account is closed and the username is no longer active.
- Personal data: Any information that identifies or can be used to identify a customer, contact, or visitor, either directly or indirectly. Examples of personal information include, but are not limited to, first and last name, date of birth, email address, gender, profession, or other demographic information.
- Website: any website or webpage we own and operate, including interactive features, apps, blogs, social networks, widgets, and mobile websites.
- List: a list of contacts (subscribers) that the customer can upload or manage on the platform and all associated information relating to these Contacts (e.g., email addresses).
- Plans: Emailchef offers various pricing (commercial) plans with different services, such as Demichef, Primochef, and Masterchef. The features are listed on the website. The free plan follows the same Terms and Conditions as the paid plans.
- Anti-Spam Policy: all users must adhere to our anti-spam rules, available at https://emailchef.com/anti-spam-policy/.
2. Terms
The following Standard Terms of Use (identified as “Terms”) include the Usage Policies, System Use Authorization, API Guidelines, Cookie Policy, and Copyright and Trademark Policies. These Terms set out the conditions for using the Service and govern the management of your account as a customer.
If you do not accept these Terms, you must immediately stop using the Service. By registering an account and accepting these Terms, you enter into an Agreement with Emailchef, which will be effective as long as you maintain an active account or until you or Emailchef decide to terminate the Agreement.
If you are registering an account for a company or another entity, you declare that you have the necessary authority to accept these Terms on its behalf. If you have questions about these Terms, feel free to contact us at any time.
2.1 Activation date
The Agreement between the Customer and Emailchef takes effect when you register an account and accept these Terms.
2.2. Account
To use the Service, you must:
- Be at least eighteen (18) years old and legally capable of entering into contracts;
- Complete the account registration process (obtain a username and password);
- Accept these Terms;
- Provide truthful, complete, and up-to-date contact and billing information.
2.3. Account e password
You are responsible for keeping your account’s username and password confidential. You must immediately notify us of any unauthorized access or use of your accounts. We are not responsible for any losses resulting from stolen or compromised passwords. We do not have access to your current password, and for security reasons, we can only provide instructions on how to reset your password. We reserve the right to update your account’s contact information for billing or technical purposes.
Additionally, you represent and warrant that all information you provide when creating an account and when accessing and using the Service is and will remain complete and accurate. We identify account ownership based on the account’s content, and if multiple individuals or entities are specified in the content, we will rely on the contact and profile information listed for that account.
2.4 Account closure
The Agreement may be terminated at any time by you or Emailchef by closing the account or notifying the other party. Emailchef reserves the right to suspend the Service at any time, with or without cause. If we terminate your agreement without justified cause and your account is a paid account, we will refund a proportional part of the pre-paid amount. No refunds will be provided for any other situations, including when your account is suspended or terminated due to a violation of the terms and conditions or any general breach of the Agreement.
If the account remains inactive for 24 or more months, it may be closed. Once your account is closed, you acknowledge and agree that we may permanently delete your account and all data associated with it, including your campaigns.
Usernames are unique and can only be used once. If your account has been closed, the username will no longer be available for future accounts and cannot be recovered.
2.5 Payments
When signing up for a commercial plan, you are required to select both the expected number of contacts and the package of your choice (e.g., Demichef, Primochef, or Masterchef) from those listed on our website according to your anticipated use of the Service. Each plan offers different pricing options and features.
Once you select a plan, we will never automatically upgrade or downgrade the plan. The plan will be detailed on the invoice and in your account. You may upgrade to a higher-tier plan at any time. You will also have the option to downgrade to a lower-tier plan at any time, but if you choose to downgrade during a billing cycle, the downgrade will only take effect at the end of the current billing cycle.
2.6 Order process and billing
By signing up for a commercial plan, you agree to use our billing system and the payment method we offer, which includes recurring billing and the use of third parties to process credit, debit cards, and PayPal.
2.7 Credit and debit cards
As long as you have a commercial plan or an outstanding balance, you must provide us with valid and updated credit or debit card details to make payments and deduct amounts from that card. You must also update the information of any expired card with a valid one. If the card is replaced with a new card during a payment process, you acknowledge and agree that we are authorized to charge the new card.
Anyone using a card declares and guarantees they are authorized to use that card, and any charges may be billed to that card without being declined. In case of any issues with payment processing, we will contact you via email and suspend your account until payment can be processed.
3. Monthly and annual plans
The full list of plans, including descriptions, pricing, and details, is available on our website at https://emailchef.com/pricing/. The terms provided on that page are an integral part of this agreement.
4. Free plan
Every new Emailchef account includes a one-month free trial with the features of the Masterchef plan, allowing the upload of 500 contacts and the sending of 1,000 emails.
At the end of the trial month, you will need to confirm and purchase the chosen plan to continue using the service. If you do not renew, the account will be suspended until a commercial plan is activated or will be permanently closed.
5. Proprietary Rights
Emailchef owns all Proprietary Rights to the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You must respect our Proprietary Rights when using the Service and may only use our brand resources in accordance with our brand guidelines.
You retain ownership of the Content you upload to the Service. We may use or disclose the Content (including any personal information contained within) only as described in these Terms, our Privacy Policy, and Cookie Statement, and, if applicable, our Data Processing Addendum.
6. Warranties
To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we make no warranties, conditions, or commitments of any kind regarding the Service, whether express or implied. This includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose, which are not expressly stated and are thus excluded from the Agreement.
Since customers use the Service for various reasons, we cannot guarantee it will meet your specific needs.
6.1 Customer warranties
The Customer declares and warrants that:
- all information provided to Emailchef is complete, accurate, and up-to-date, including data entered in the My Profile section, particularly in the User Information section within their personal area. This also applies to information in the Validated Senders section, including those included in the footer, which must comply with CSA or CAN-SPAM Act requirements;
- they authorize Emailchef to exercise all rights necessary to fully execute this Agreement.
6.2 Emailchef warranties
Emailchef declares and warrants that:
- it has taken all appropriate corporate actions and has full power, authority, and all necessary rights to enter into and perform the terms of this Agreement;
- the Emailchef app and its related documentation are original and do not infringe upon any copyrights, patents, trademarks, trade secrets, or other intellectual property rights held by third parties.
6.3 Minimum Warranties
6.3.1 Emailchef App availability
Under this agreement, Emailchef commits to making the Emailchef App available with a 99% uptime rate, 24 hours a day, 365 days a year. Routine maintenance activities communicated to the Customer are excluded from the minimum functionality level guarantee. Occasional service interruptions may be necessary due to maintenance operations on the program, which do not count towards determining the minimum functionality level guaranteed, and for which Emailchef disclaims any responsibility.
6.3.2 Customer Support
To ensure correct use and full functionality of the Platform, Emailchef commits to providing technical support for issues reported concerning its proper operation.
6.4 Force Majeure
We shall not be liable for any delays or failures in performing any part of the Service due to any cause beyond our control. This includes, but is not limited to, natural events, changes in laws or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, blackouts, volcanic activity, severe or unusual weather conditions, and actions of hackers or third-party Internet service providers.
7. Conditions
7.1. General rules
By accepting these Terms, you agree to abide by the following rules:
- You will not send spam!
- You will not use purchased, rented, or third-party email lists.
- You will adhere to our Acceptable Use Policy, which is part of these Terms.
- If you use our APIs, you will follow our API Usage Policy, which is also part of these Terms.
- You are not permitted to modify, copy, distribute, transmit, publish, display, perform, reproduce, license, create derivative works from, transfer, sell, or otherwise use any reports, data, information, content, software, products, services, or other materials generated or obtained from the Emailchef Site (collectively, the “Materials”).
- You will not display any page, text, image, or Material from the Site using “framing,” hyperlinks, or any other technology.
- You will avoid any behavior that could harm, disable, or overload the service, such as:
- Abnormally using any system, network, server, or account related to the Site, including but not limited to using devices or software that provide repeated automated access to the Site;
- Probing, scanning, or testing the vulnerability of the Site’s services, systems, network, servers, or accounts, or attempting to gain unauthorized access to materials, services, systems, networks, servers, or accounts related to the Site by hacking, password mining, or other means to bypass access restrictions, user authentication, or security of any material, service, system, network, server, or account related to the Site;
- Sending mass emails to purchased or rented lists or contacts gathered in bulk online (e.g., using an email harvesting tool).
Emailchef does not allow the creation and use of accounts that promote or incite harm to others or promote discriminatory, hateful, or harassing content.
Additionally, our service may not be used to send emails regarding or containing:
- Hate Content: this includes any statements, images, photographs, advertisements, or other content that, in our sole judgment, could reasonably be perceived as harmful or threatening. Hate Content includes any actions aimed at promoting harassment, intimidation, abuse, or discrimination against other people based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, illness, or immigration status;
- Pornography;
- Escort and dating services;
- Online casinos;
- Illegal goods and services;
- Gambling;
- Financial management services;
- Pharmaceutical products;
- Content or material that exploits children or minors;
- Any type of content or material that infringes on anyone’s rights;
- Viruses, phishing schemes, trojans, spyware, and malware.
If any of these rules are violated, we may suspend or terminate your account at our sole discretion.
7.2. Authorization and compliance with laws
Emails may, in principle, only be sent to recipients who have provided their consent (via opt-in or double opt-in).
Consent must meet the following requirements:
- Consent to receive advertising material via email/newsletter must be actively and separately provided.
- The recipient must click/check a box or otherwise clearly declare their agreement. This declaration cannot be part of other statements (e.g., acceptance of general terms and conditions, general data protection conditions) and can only pertain to advertising.
- If consent is not granted in writing or electronically, it requires written confirmation from the address holder.
- Consent from minors is valid only if the minor is at least 16 years old or if the legal guardians have provided consent.
- If you collect personal information relating to a minor and store it within your Emailchef account, you declare and warrant that you have obtained valid consent for such activities under the applicable laws in the minor’s jurisdiction.
- The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of consent. This must also include information on how consent can be revoked and by whom. Revoking consent must be no more complex than obtaining it. Revoked consent must be implemented within five (5) business days at the latest.
Emails may also be sent to customers without explicit opt-in under the following conditions:
- Existing customer relationship (paid contractual relationship);
- Direct advertising for similar proprietary products or services;
- Information about the option to object at any time (when obtaining and with each use of the email address), at no cost beyond the basic transmission fees;
- The customer has not objected.
The specified consent requirements comply with the provisions of the General Data Protection Regulation (GDPR). If you are within the European Economic Area, you must post, maintain, and adhere to a clearly accessible privacy notice on the digital properties from which underlying data is collected. You may refer to Emailchef’s Privacy Policy (https://emailchef.com/privacypolicy-eu-regulation-2016-79-gdpr/).
You agree to indemnify us and hold us harmless from any losses, including all legal fees, arising from your breach of this section.
7.3. Email format
In accordance with our policy and sender rules, you must follow these delivery criteria:
- The contracting company for commercial correspondence must be clearly identifiable. Each sent email must include a clearly recognizable legal notice in full text. The legal notice must contain the following details:
- The name and address that identify the sender. For legal entities, the legal structure, commercial register, the association register, partnership register or the register of cooperatives in which they are recorded and the applicable register number should be included.
- Contact information: at least a valid phone number or an electronic contact form and an email address.
- A sales tax identification number or a company identification number, if applicable.
- The option to revoke authorization for email sending must be indicated in every email. Unsubscribing from emails must always be possible without the recipient needing any access data (e.g., login and password).
- Exceptions may be granted on a case-by-case basis if different handling is required due to specific service particularities.
- The sender and the commercial nature of the message must not be obscured or concealed in the email header and subject line. Concealment or obfuscation occurs when the header and subject line are designed intentionally so that the recipient, before viewing the content of the communication, receives no information or receives misleading information about the actual identity of the sender or the commercial nature of the message.
- When using email addresses that the sender or their client has obtained from third parties, the sender and/or their client are obligated, before conducting advertising activities, to ensure that only recipients who have granted consent to data processing are actually contacted. This consent must reference not only third-party sending but also the sender and/or their client.
- Obtaining address data for third parties (e.g., through co-sponsorship) must be transparent to the user. Specifically, address data obtained in this manner may only be used for mailing if, at the time of collection:
- The companies for which the address data were generated were transparently and individually named with industry details;
- The user was easily and clearly able to be aware of the list of companies, the number of companies and/or people for whom the address data were collected;
- The list is limited to exclude the forwarding of the user’s data to a disproportionately large number of third parties;
- It allows the user to easily grasp the meaning and scope of their consent and to monitor the lawful handling of their data.
7.4. Abuse reporting
If you believe someone is violating these Terms, please report it to us immediately. If you have received spam that you believe originates from an Emailchef customer, report it to our abuse team. Each email campaign sent through the Service has a campaign tracking ID embedded in the email message header, facilitating the reporting of alleged spammers.
If you believe someone has posted material that infringes protected trademarks or copyrights, you can report it to us at the address provided in our Copyright and Trademark Policy.
7.5. Privacy policy
Your privacy is important to us. Please review our Privacy Policy and Cookie Statement for information on how we collect, use, and disclose your content and protect your privacy and personal information when you use the Service. (https://emailchef.com/privacypolicy-eu-regulation-2016-79-gdpr/).
OTHER IMPORTANT MATTERS
8. Indemnity
By accepting these Terms, you agree to indemnify us and our team from any loss, including legal fees, that arises directly or indirectly from any claims you make that are not allowed under these Terms due to a “Limitation of Liability” or any other provision. You also agree to indemnify (i.e., compensate us in case of a loss) and hold us harmless from any losses, including legal fees and expenses, that arise directly or indirectly from:
- your content;
- your use of the Service;
- your violation of laws or regulations;
- third parties claiming that you or someone using your password did something that, if true, would violate any of these Terms;
- any misrepresentation made by you;
- a breach of any representation or warranty you made to us.
9. Choice of law
The State of California’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service.
For agreement with European Customers only, we will apply Italian Laws. You acknowledge and agree that any dispute related to the Agreement or the Service each party consents to personal jurisdiction in those courts.
10. Notice
Any notice sent to you will be effective when we send it to the email address or physical address provided when you registered on our website in the administrative area. You may send notice to the email addresses indicated in each specific area or to the physical address posted on our website, paying attention to the relevant area (Europe or the rest of the world).
11. Changes
We may change one or more Terms by updating them on our website. Unless you wish to terminate the service, the new Terms will be immediately effective and apply to any continued or new use of the Service. We may modify the Service, Add-ons, or any feature of the Service at any time and may discontinue the Service, Add-ons, or any feature of the Service at any time.
12. Security incident notification
If we become aware of a security issue concerning our systems or databases containing your or your contacts’ personal information, we will notify you as required by law. In such a case, we will also provide you with information about the incident so that you can assess the implications and evaluate any legal or regulatory requirements that may apply, unless we are legally, security-wise, or confidentiality-bound from doing so. Notifying you of a security issue or cooperating with you to respond to any requests regarding it will not be considered as an admission or assumption of any liability or fault by Emailchef for such an issue.
13. Limitation of liability
Neither we nor our team are responsible for the behavior of third parties, linked websites, or other customers.
14. Entire agreement
These Terms and any additional conditions you accepted when authorizing Add-ons constitute the entire agreement between us regarding its subject matter and supersede all prior agreements, representations, and understandings.
