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 Customer, identified by the data provided by completing the appropriate personal data sheet on the website (www.emailchef.com) in the person of his Legal Representative (hereinafter called “customer or you”).
Emailchef is an online marketing platform (distributed as Software As A Service) that allows you to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things. The App is offered through our websites www.emailchef.com.
Terms and conditions
By using Emailchef or signing up for an account, you agree to these Terms, which will result in a legal agreement between you and Emailchef.
We’ll start with the basics, including a few definitions that should help you understand these Terms.
Emailchef App: online marketing platform (distributed as Software As A Service).
Payment: Every activity that uses the system to buy a commercial plan.
Closing date: the date your account is terminated and the username is no longer in operation.
Personal data: any information that identifies or can be used to identify a Customer, a Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
Website: any website we own and operate, or any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile site.
List: a list of subscribers (contacts) a Customer may upload or manage on our platform and all associated information related to those Contacts (for example, email addresses).
Plans: Emailchef offers several pricing plans (commercial) with different services as such as light, medium, full. Features are listed on the website. The Free plan follows the same terms and conditions as paid plans.
Spam policy: We have rules and regulations all our users have to abide by. The policy is available at https://emailchef.com/anti-spam-policy/
If you don’t agree to these Terms, you must immediately discontinue your use of the Service.
When you sign up for an account and agree to these Terms, the Agreement between you and Emailchef is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Emailchef account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
If you have any questions about our Terms, feel free to contact us.
2.1. Activation date
When you sign up for an account and agree to these Terms, the Agreement between you and Emailchef is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have an Emailchef account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
In order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the account registration process (obtain login and password);
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information;
2.3. Account and password
You are responsible for keeping your account name and password confidential. You’ll have to immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing or technical purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account.
2.4. Closing your account
You or Emailchef may terminate the Agreement at any time and for any reason by terminating your Emailchef account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a prorated portion of your prepayment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your Campaigns. Usernames are unique and can only be used once. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
When you sign up for a commercial plan, you are required to select both your projected audience, as described in Section 3 below, and your package (e.g., light, medium, full) from those posted on our Website based on your anticipated use of the Service. Each Monthly Plan offers different pricing and feature options. Once you select your Plan, we will never automatically upgrade or downgrade your Plan. The Plan will be detailed on your bill and in your account. You will always have the option to upgrade to a higher tier. You will also have the option to downgrade to a lower tier at any time, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier.
2.6. Processing your order and billing
When you sign up for a commercial plan, you are agreeing to use our billing system and the method of payment we offered, this includes recurring billing and use of third parties to process the credit cards.
2.7. Credit and debit cards
As long as you’re our Customer with a commercial Plan or otherwise have an outstanding balance with us, you’ll provide us with valid debit or credit card (“card”) information and authorize us to deduct your charges against that card. You’ll replace the information for any card that expires with information for a valid one. If your card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we are authorized to deduct any charges on your account against the new card. Anyone using a card represents and warrants that they are authorized to use that card, and that any and all charges may be billed to that card and won’t be rejected. If we’re unable to process your card order, we’ll try to contact you by email and may suspend your account until your payment can be processed.
3. Monthly and annual plan (commercial)
The plan list is available on our website. Tables, description, pricing and prospectus are reported at https://emailchef.com/pricing/ and are related to this agreement.
4. Free plan
If you use the Service under the free plan (“Free Plan”) and you want to go over the Free Plan limits, you will be required to upgrade your account to, and select and pay for, a commercial plan. Free plans are subject to the same rules as commercial plans for collection data; free plans cannot send campaigns.
5. Proprietary Rights
Emailchef owns all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. You will respect our proprietary rights in the Service, and you may only use our brand assets according to our Brand guidelines.
To the maximum extent permitted by law, we provide the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Agreement. Since Customers use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
6.1. Customer Guarantees
The Customer declares and guarantees: that all information provided by the Customer to Emailchef is complete, correct and updated, including the data entered in the specific “account” section, and in particular in the Administrative Contacts section, available on our website; to be entitled to authorize, and to authorize Emailchef to exercise, all the rights necessary to fully execute this agreement.
6.2. Guarantees of Emailchef
Emailchef declares and guarantees that: it has carried out all the appropriate corporate actions and has full power and authority and all rights necessary to subscribe and execute the terms of this Agreement; Emailchef App and related documentation are original and do not infringe copyright, patents, trademarks, trade secrets, or other intellectual property rights held by third parties.
6.3. Minimum warranties
6.3.1. Availability of the Emailchef App.
With this Agreement Emailchef undertakes to make the Emailchef App available with an up-time availability rate of 99%, for 24 hours daily and for 365 days a year. From the definition of the minimum level of guaranteed functionality, ordinary maintenance activities communicated to the Customer must be excluded.
Occasional interruptions of the service may be necessary due to the maintenance operations of the program that will not enter into the determination of the minimum level of guaranteed functionality, and with respect to which therefore any liability is excluded for Emailchef.
6.3.2. Customer service.
As an instrumental and accessory tool to ensure the correct use and full functionality of the Platform, Emailchef undertakes to provide technical assistance for reports on problems related to the correct operation of the same.
6.4. Force majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers
7.1. General rules
By agreeing to these Terms, you promise to follow these rules:
- You won’t send spam!
- You won’t use purchased, rented, or third-party lists of email addresses.
- You will comply with our Acceptable Use Policy, which forms part of these Terms.
If you use our API, you’ll comply with our API Use Policy, which forms part of these Terms.
Emailchef doesn’t permit:
- Modifying, copying, distributing, transmitting, posting, displaying, performing, reproducing, publishing, broadcasting, licensing, creating derivative works from, transferring, selling, or exploiting any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the “Materials”).
- Redelivering any page, text, image, or Materials on the Site using “framing,” hyperlinks, or other technology.
- Engaging in any conduct that could damage, disable, or overburden
- the Site,
- any Materials or services provided through the Site,
- any systems, networks, servers, or accounts related to the Site, including without limitation, using devices or software that provide repeated automated access to the Site
- Probing, scanning, or testing the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site or attempting to gain unauthorized access to materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any materials, services, systems, networks, servers, or accounts related to the website.
- Sending mass emails to purchased or rented lists of addresses, or contacts gathered online in bulk (for instance via an email spider).
Emailchef doesn’t allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content, and you cannot use our service to send emails concerning or containing:
- Hateful content: this means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
- Escort and dating services
- Online casinos
- Any illegal goods and services
- Financial management services
- Pharmaceutical products
- Content or material that exploits children or minors
- Any kind of content or material infringing anyone’s rights
- Any type of virus, phishing, trojan, spyware and malware
If you violate any of these rules, then we may suspend or terminate your account at our sole discretion.
7.2. Permission and Compliance with Laws
Emailchef in compliance with laws, allows:
Emails may, in principle, only be sent to recipients who have provided their consent (Opt-In or better double opt-in). The consent must comply with the following prerequisites:
- Consent to receiving advertising material via email/newsletter must, in particular, be granted actively and separately. The recipient must either click/check a box or otherwise similarly declare his/her clear agreement. This declaration may not form part of any other declarations (e.g. consent to general terms and conditions of business, general data protection provisions) and may only relate to advertising.
- If consent is not granted in writing or electronically, it requires written confirmation from the address holder.
- The consent of minors is only valid if:
- the minor has reached the age of 16 years, or the legal guardians have given consent: If you collect any personal information pertaining to a minor and store such information within your Emailchef account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.
- The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of obtaining consent. This must also contain information about how consent may be revoked and with whom. The option to revoke consent may not be more complicated than the obtaining of the consent. Revoked consent must be implemented after five (5) working days at the latest.
- Emails may also be sent to customers without an explicit opt-in under the following conditions:
- Existing customer relationship (existence of an exchange contract in return for payment),
- 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), without incurring any costs arising other than transmission costs at basic rates;
- The customer has not objected.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
7.3. E-mail format
In accordance with our sender policy and rules, you must follow this delivery criteria:
- The contracting entity for a business-related mail must be clearly identifiable. In every email sent, an easily recognizable legal notice must be contained as full text. The legal notice must contain the following details:
- The name and address where the sender is established; for legal entities also the legal structure, the commercial register, the association register, partnership register or the register of cooperatives in which they are recorded and the applicable register number;
- Contact information, at least one valid telephone number or an electronic contact form, and an email address;
- A sales tax identification number or a business identification number, if applicable.
- The option to revoke permission to send emails must be indicated in every email. Unsubscribing from emails must always be possible without the recipient having to know any access data (for example, login and password).
- Exceptions can be granted in individual cases if different handling is required due to certain particularities of the service offered;
- The sender and the commercial nature of the message may not be obfuscated or concealed in the header and subject line of the email. An obfuscation or concealment occurs when the header and subject line have been intentionally designed such that the recipient, prior to viewing the content of the communication, receives either no information or 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 customer have acquired from third parties, the sender and/or their customer are obliged, prior to carrying out advertising activities, to ensure that only those recipients are actually contacted who have granted consent under the terms of these Admission Criteria. This consent has to refer not only to mailing by a third party but also by the sender and/or their customer
Obtaining address data for third parties (for instance via co-sponsoring) must be transparent to the user. In particular, address data obtained in this way may only be used for a mailing, if, when collecting:
The companies, for which the address data was generated, were transparently and individually named with details of the sector; the user was easily and clearly able to be aware of the list of companies and
the number of companies and/or persons for which the address data was collected; is reduced to an extent that excludes forwarding user data to a disproportionately large number of third parties; and permits the user to easily grasp the significance and scope of their consent and to easily monitor the lawful handling of their data.
7.4. Reporting abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from an Emailchef customer, please report it to our abuse team. (Every email Campaign sent through the Service has an embedded campaign tracking ID in the email header, making it easy to report suspected spam.) If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our Copyright and Trademark Policy.
OTHER IMPORTANT STUFF
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from
- your Content,
- your use of the Service,
- your violation of any laws or regulations,
- third-party claims that you or someone using your password did something that, if true, would violate any of these Terms,
- any misrepresentations made by you,
- a breach of any representations or warranties you’ve 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.
Any notice to you will be effective when we send it to the email or physical address you gave us or when posted on our Website in the administration area.
It is possible to send the notification to the e-mails indicated in each specific area or to the physical address published on our website, paying attention to the area (Europe or the rest of the world) concerned.
We may change any of the Terms by posting revised Terms on our Website. Unless you terminate your account, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.
12. Notification of security incident
If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Emailchef for such incident.
We and our Team are not responsible for the behavior of any third parties, linked websites, or other Customers.
14. Entire agreement
These Terms and any Additional Terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings.
UPDATE August 20, 2019