Terms and conditions

Version 2026-10

A clause marked (requires separate express acceptance) is also listed in section 18 under Article 1203 of the Romanian Civil Code. General acceptance at registration does not record that separate acceptance. Public working draft: this text is being revised for organisations and individuals, including consumers and customers outside Romania. It is not an effective contract. The consumer purchasing and withdrawal flows, tax treatment and operational promises must be verified before it can take effect. (under verification)

These terms are the proposed contract between [Details pending confirmation], a company registered in Romania (tax ID [Details pending confirmation], trade register [Details pending confirmation], EUID [Details pending confirmation], share capital [Details pending confirmation] RON, registered office [Details pending confirmation], email [Details pending confirmation]) (“Azimea”, “we”, “us”) and the person or organisation that opens an account (“you”, “the Customer”). Azimea provides an email marketing and automation service for shops and digital products, available at azimea.com and dashboard.azimea.com (the “Service”). The contract is concluded in English and the English version binds.

1. Who the Service is for

1.1 Who can subscribe. A company or another legal entity may open an account through a person authorised to bind it. A natural person may also open an account in their own name, whether acting in a professional capacity or as a consumer. If you act for an organisation, you confirm that you have authority to accept these terms for it; otherwise you contract personally. The name entered at registration identifies your workspace in the app, which some screens call a “company”. It is not, by itself, proof of legal status or the name to put on an invoice. We ask for the purchaser’s billing identity and location before a paid subscription. A consumer is a natural person acting for purposes outside their trade, business or profession; mandatory consumer rights apply according to the actual purpose of the purchase, not the label of the workspace. Section 19 adds the consumer rules. Availability in a country remains subject to applicable law, payment availability and the restrictions in the Acceptable use policy.

1.2 You must be at least 18 years old.

1.3 If you act for an organisation, “you” includes that organisation. You are responsible for the people you invite to your account to the extent the law permits; this does not make you responsible for a failure caused by Azimea.

2. Your account and how the contract is made

2.1 You give us accurate details and keep them up to date. Each person uses their own login; you do not share passwords.

2.2 You keep your password, your two-factor codes and your API keys secret, manage your users’ permissions and revoke access when it is no longer authorised. You are responsible for instructions given by your authorised users and integrations. Use of valid credentials is evidence of account activity, but does not by itself make you responsible for a compromise caused by our breach of this contract. You can require two-factor sign-in for everyone in your company in the settings.

2.3 You tell us at once at security@azimea.com if you think your account was accessed without permission.

2.4 We may end a session after a period of inactivity. This is a security measure, not a fault.

2.5 How the contract is made. The steps are: you fill in the sign-up form; you tick one box to accept these terms and confirm that you have read the Privacy policy; you press “Create account”; and you confirm your email address. Before you press the button you can read and correct what you typed. The contract starts when your registration is accepted and the account is created; email verification is a subsequent security step. We send an acknowledgement email identifying the version accepted and the time of acceptance, with a link to the versioned terms. We keep a record of when and how you accepted (version, date, time and acceptance submitted) and you can ask us for a copy. The terms stay available to you at azimea.com/legal, in a form you can save and print, for as long as the contract lasts. (under verification)

3. The Service and the plans

3.1 The plans, their prices and their limits (active contacts, emails per month, shops, senders, AI credits) are those shown on azimea.com/pricing and in the app at the time you subscribe. All plans have the same features. The limits are the only difference between the standard paid tiers, subject to the agency arrangements in section 16 and the availability of features expressly identified as beta or preview. Your selected plan and the price and limits confirmed when you subscribe form part of the contract; a later change to a pricing page does not by itself change an existing subscription.

3.2 Contacts that count. A contact counts towards your plan when it is subscribed, that is, when you can email it. Unsubscribed, bounced, complained and erased contacts do not count.

3.3 Limits. Contact additions and sending are subject to your plan’s limits. At the monthly email limit, further sending is blocked until capacity becomes available or you upgrade. The email allowance is measured by calendar month in UTC, which may differ from your subscription’s payment dates. A limit or suspension can delay a scheduled message; messages may expire or no longer be eligible under your automation rules. We do not promise that every held message will later be sent. We do not charge automatic overage fees or delete your data merely because you reached a plan limit. (requires separate express acceptance)

3.4 Sending limits for your protection. Trial accounts have a daily sending limit that can grow as their sending history meets the reputation checks. Paid plans are governed by their monthly email allowance rather than that trial daily cap. Bounce and complaint checks and the suspension rules in section 8 apply to every plan to protect the shared sending infrastructure. Paying for a plan does not exempt an account from anti-abuse checks. (requires separate express acceptance)

3.5 Availability. We run the Service with reasonable care and monitor it, and we aim for it to be available. We do not promise a specific uptime. We may take it down for maintenance and will try to do that outside working hours and to announce it when it matters. If this changes (for example, with a public status page), we will say so in these terms. (requires separate express acceptance)

3.6 Support is available through the contact channels shown in the app and on the website. Response times displayed in the app are targets, not a guaranteed resolution time or a contractual service-level agreement. (under verification) (requires separate express acceptance)

3.7 Changes to the Service. We improve the Service continuously. We may add, change or remove features for a valid reason, such as security, a legal requirement, compatibility with a third-party service or a necessary technical improvement. If a change removes a feature you rely on in a way that matters, we tell you at least 30 days before, and you may end the contract before it applies (section 14.1), except where a change is needed sooner for security or the law. A change beyond what is necessary to keep a digital service conforming is free for consumers. If it negatively affects a consumer’s access or use other than to a minor degree, we give advance notice on a durable medium and the consumer may end the contract without charge within the period that applicable law provides, including the 30-day period in Romanian law. (requires separate express acceptance)

3.8 Third-party platforms. The Service connects to the shop platforms you choose (for example WooCommerce, PrestaShop, OpenCart, Magento, Shopware). We are not responsible for those platforms, for their changes, or for data they hold. You are responsible for the access you give us to them. This does not exclude our responsibility for our own integration code or for sub-processors engaged by us under the Data Processing Agreement.

3.9 Campaigns, automations and reports. You check the audience, message purpose, content, links, prices, discounts, timing and automation conditions before activating them. An active automation can send further messages without individual approval, in accordance with the rules you configured. You must pause or correct it when those instructions are no longer appropriate. Scheduling is subject to queues, sending limits and recipient providers. Delivery, open, click, conversion and attributed revenue figures are measurements and estimates affected by blocking, privacy tools, automated traffic and the attribution model; they do not guarantee that a person read a message or that the message caused a sale. We do not guarantee sales, a particular return on investment, inbox placement or delivery at an exact time. This does not reduce our obligation to provide the Service with reasonable skill and care. (requires separate express acceptance)

4. Free trial, prices and payment

4.1 Trial. A new account has a 14-day free trial from the day it is created, without a card. The trial has the limits shown on azimea.com/pricing. When it ends without a paid plan, sending stops; your data stays in your account (section 14.2).

4.2 Prices and taxes. Plan prices are shown in euros. The total payable, including any applicable tax, is shown before you confirm a paid subscription or plan change. The checkout identifies the recurring amount and billing interval before you place a paid order. Tax treatment can depend on the place of supply, the buyer’s status and the rules applicable to the transaction; we do not promise that every invoice will be free of VAT. We may ask for the billing details needed to determine and document that treatment. You must give accurate details, tell us before your next renewal if they change and may ask us to correct an invoice. Corrections follow the applicable tax rules and section 4.10. (under verification)

4.3 Payment. Plans are paid monthly in advance by card, through Stripe. We do not see or store your full card number. When you subscribe, you authorise Stripe to charge your card the total shown at checkout, including any applicable tax, every month until you cancel; the total for a later renewal may change only as these terms and applicable law allow. Your bank may ask you to confirm the first payment (strong customer authentication). We issue an invoice using the billing details you provide, whether you buy in your own name or on behalf of an organisation. We send it to your billing email and show it in the app. (under verification)

4.4 Renewal. A paid plan renews automatically every month for a further month at the price in force, until you cancel. You can cancel renewal at any time through the billing portal opened from the app; the plan ends at the end of the period you paid for and is not renewed. Closing the company is a separate action with the effects described in section 14.1. (requires separate express acceptance)

4.5 Changing plan. The billing portal shows the effective date, revised recurring total and any prorated charge or credit before you confirm a change. Those displayed conditions govern the change. A billing credit is applied to the subscription; it is not a cash refund unless we expressly confirm that. We issue any invoice correction required by the applicable tax rules. Check that your usage fits the lower limits before choosing a smaller plan. (under verification)

4.6 Price changes. We may change the prices. We tell you by email at least 30 days before the change applies to you. A change never applies to a period you have already paid for. If you do not accept the change, you may end the contract before it applies, with no fee, and we refund any payment you made for a period that starts after the end date you chose. (requires separate express acceptance) (under verification)

4.7 Failed payments. If a payment fails, Stripe may retry it under the payment schedule shown in your billing information. We notify you of the failure and how to update your card. If an amount remains due after a reasonable opportunity to remedy the failure, we may pause sending, with a notice stating the reason and how to restore it. You retain access to your data. Any mandatory consumer notice and remedy period applies. We do not charge a late-payment fee. (under verification) (requires separate express acceptance)

4.8 Advance payment and refunds. The monthly subscription fee pays for the billing period in advance. If you cancel renewal under section 4.4, the Service remains available until the end of the paid period and you are not charged for a further period. We do not give a discretionary or prorated refund merely because you cancel, close your workspace early, do not use the Service or do not use your full allowance. We correct duplicate charges. A refund expressly due under another clause of these terms, for our breach or failure to provide the Service, or under mandatory law remains available. In particular, a consumer’s withdrawal and digital-service remedies are described in section 19. To report an incorrect charge or request a refund that is due, write to support@azimea.com with the account and payment details. We use the original payment method unless the law requires or you agree to another method, and correct the invoice where tax rules require it. This clause does not remove a refund entitlement in an earlier offer accepted by you. (under verification) (requires separate express acceptance)

4.9 Agencies. An agency’s plan is priced per client company, as shown on azimea.com/pricing. What an agency charges its own clients is between them and does not involve Azimea.

4.10 Invoices. Azimea is the supplier of the Service; Stripe processes payments and does not take over our invoicing and tax obligations. We issue invoices and, where required, corrected invoices or credit notes for plan changes and refunds. The invoice records the tax treatment applicable to the transaction. Where RO e-Factura is mandatory for an invoice, including an invoice to an individual for a supply located in Romania, a card receipt or a PDF available in Stripe does not replace that submission. (under verification)

4.11 Late payment. Plans are paid in advance. If a payment is not received we may pause your sending as section 4.7 says. We do not charge interest or fees on unpaid amounts.

5. Your data and how we use it

5.1 Your data is what you or your shops put into the Service: contacts, orders, events, email content, files and settings. As between you and Azimea, you retain your rights in that material. Personal data remains subject to the rights of the people concerned. You grant us a non-exclusive licence to host, copy, transmit, format and otherwise use your material only as needed to provide the Service, follow your documented instructions and meet our legal obligations. We may permit our contracted service providers to do this only for those purposes and subject to the Data Processing Agreement where applicable. You must have the rights and permissions needed for the content, brands, images and data you submit.

5.2 Roles under data protection law. Where you determine the purposes and means of processing your contacts’ personal data, you are the controller and we are the processor. Our Data Processing Agreement is part of these terms and applies to that processing from the moment you use the Service. For your account details and for data about how you use the Service, we are the controller; see our Privacy policy. For the narrow purposes of protecting the shared sending reputation (the protective suppression list and statistics that do not identify anyone) we act as controller, as the Data Processing Agreement and the Privacy policy describe. (under verification)

5.3 Hosting and recipients of data. The core application data is hosted with OVHcloud in France. This is not a promise that every processing operation or recipient is in the EU: AI processing and international transfers are described in the Data Processing Agreement and Privacy policy. Email delivery necessarily transmits messages to your recipients and their mail providers, whose locations depend on the addresses you choose. Our sub-processors and their processing locations are listed at azimea.com/security. Authorisation, advance notice of changes and objections follow the Data Processing Agreement. (under verification)

5.4 Export. The account Owner can request a company export in the app, free of charge, in the formats listed in Annex 1. Individual API endpoints provide the data documented for those endpoints; the API is not a promise of an identical full-account export. Section 14 explains retrieval after closure and assistance with switching. Keep independent copies of data you need for your own records; the Service is not a statutory archive or your sole backup. This does not reduce our obligations under the Data Processing Agreement.

5.5 Data about the Service. We use technical and usage data (for example delivery results and complaint rates) to run, secure and improve the Service, to protect the shared sending reputation, and to produce statistics that do not identify you or your contacts.

5.6 Security. We protect the Service with the measures listed in the Data Processing Agreement, annex 2. No system is perfectly secure; we do not promise that the Service will be free of unauthorised access, but we handle incidents as the Data Processing Agreement describes.

5.7 Where our infrastructure is subject to law. The information that the EU Data Act requires us to publish about the jurisdiction to which our infrastructure is subject, and about our measures against unlawful access by non-EU authorities to non-personal data, is at azimea.com/legal, in the section “Where our infrastructure is subject to law”. We keep it up to date.

5.8 Data requiring special protection. Unless we first agree in writing on the permitted purpose and appropriate safeguards, you must not upload special categories of personal data under Article 9 GDPR, criminal-conviction data under Article 10 GDPR, identity-document copies, complete payment-card details, account passwords or authentication secrets as contact data, content or AI prompts. Credentials entered in the designated integration and authentication settings are handled for those functions. The Service is not designed to maintain medical records or to support decisions with legal or similarly significant effects about individuals. You must not use it to target children or build profiles of them. Inform us promptly if prohibited data was uploaded so that we can agree appropriate containment and deletion measures.

6. Your responsibilities when you send email

6.1 You are responsible for the contacts you add, the content you send, and the legal basis for sending it. You send marketing email only to people who have given their prior consent (by a clear action, not a pre-ticked box), or to your own customers in the cases the law allows (the address obtained directly from the customer in a sale, a similar product or service of yours, and a free, easy way to object at collection and in every email). This applies to business email addresses as well as private ones. You can show how and when each person agreed and the wording they saw, if we or an authority ask.

6.2 When you import contacts or connect a shop, you confirm what the app asks you to confirm about where the contacts come from. This confirmation is a promise we rely on. A contract with the person who gave or sold you a list is not proof of consent.

6.3 Every marketing email shows who sends it (your name or organisation’s name and a postal contact address), is recognisable as advertising, and has the working unsubscribe link and the one-click unsubscribe header the Service provides. You do not remove them. You honour unsubscribes and objections without delay and do not re-add people who unsubscribed.

6.4 You follow the Acceptable use policy, which is part of these terms. In short: no bought, rented or scraped lists; no misleading senders or subjects; no illegal, deceptive or harmful content; no circumventing limits or the suppression list.

6.5 You are responsible for the cookie notices and consent on your own shops and websites, including the storage that the Azimea plugin or script places on your visitors’ browsers to recover carts (see the Cookie statement).

6.6 You use the email addresses and domains you control, and you set up the DNS records we show you (SPF, DKIM, DMARC).

6.7 Rules of the recipient’s country. The rules on marketing email and tracking differ between countries (for example France, Germany, Italy, Poland, Spain). You apply the rules of the countries where your recipients are. The Acceptable use policy lists the main ones where provided; it is not an exhaustive country-by-country legal assessment. A GDPR lawful basis for storing an address does not by itself authorise marketing email. A previous purchase, an abandoned cart, a public business address or a business card does not on its own establish permission to send. You assess the applicable marketing rules as well as GDPR.

6.8 Tracking. Emails sent through the Service can measure opens and clicks. Under EU law, measuring individual opens or clicks may need the recipient’s consent, depending on the country and the purpose. You decide whether to use tracking, you inform your recipients, and you obtain and record consent where the law requires it. The Service lets you, for your whole workspace, switch tracking off, measure only people who agreed, or measure everyone except people who said no, and switch click counting off on its own. Every email that measures carries a link with which the recipient asks not to be measured. A person’s consent to being measured is recorded with the contact, through the API or an import. For the tracking you switch on, you are the controller and we are the processor. The availability of an opt-out setting does not make that setting lawful where prior consent is required. Consent to receive marketing and consent to optional tracking are separate matters; neither is obtained merely by importing a contact.

6.9 Instructions that break the law. We process your contacts’ data on your documented instructions. If an instruction or a sending breaks data protection or marketing law, we may refuse or stop it (section 8) and we will tell you why.

6.10 Service messages. A transactional or service purpose must match the actual content and the recipient’s request or relationship with you. Do not label marketing as a service message to reach an unsubscribed contact or avoid consent and unsubscribe requirements. Any genuine new subscription must be supported by new, verifiable permission and recorded through the supported consent process; it must not bypass hard-bounce or complaint protection.

6.11 Compliance checks. On a reasonable request related to suspected abuse, provide relevant evidence of list origin, permission and sender authority through a secure channel. Limit the evidence to what is necessary. A technical readiness check, successful import, domain verification or approval to resume sending is not legal approval of your campaign and does not replace your obligations under this section. Our own obligations under applicable law remain unchanged.

7. AI features

7.1 Some features use artificial intelligence to suggest or write text, images, subject lines, segments or summaries. They are included in all plans, within a monthly allowance of credits shown in the app.

7.2 Results are suggestions generated by AI systems. You review them before you use them and you remain responsible for what you send. AI output can be wrong, offensive, inaccurate or similar to other output.

7.3 AI features send the material needed for the selected task to the providers identified in our sub-processors list. This can include your prompt, content to edit or translate, brand and catalogue context and aggregate report data. AI assistance used by our support team can also process the text of a support conversation, as described in the Privacy policy. Avoid including identifiable contact data and do not submit the restricted data listed in section 5.8. Text may itself contain personal data; we do not represent that every request is automatically anonymised. The Data Processing Agreement governs customer personal data that is processed, including applicable transfer safeguards.

7.4 As between you and Azimea, you may use the results for the purposes allowed by these terms. We do not claim rights in the content you create. This is not a guarantee that an output is unique, protected by copyright or free of third-party rights. Check factual claims, licences, trademarks, likenesses and permissions before publication. AI suggestions do not constitute professional advice or certification that a message complies with the law. (requires separate express acceptance)

7.5 Labelling. The Service adds machine-readable AI-origin metadata to the JPEG and PNG images it generates and identifies them with an AI badge in the image gallery. Do not deliberately remove provenance information or required disclosures. Metadata and an editor badge do not replace any visible disclosure required when you publish content, including a deep fake or certain AI-generated text on matters of public interest. You comply with the disclosure duties applicable to your use; we remain responsible for duties that the AI Act places on Azimea itself. (under verification)

7.6 Forbidden uses. You do not use the AI features to deceive or manipulate recipients (for example false scarcity or false urgency, fake endorsements, impersonation), to exploit vulnerabilities of recipients, to create sexual images of a real person without that person’s consent, or to create sexual material involving minors. We may stop an AI feature for your account if you break this.

7.7 Your staff. You make sure that the people using AI features on your behalf understand their limitations and review their outputs with care appropriate to the intended use.

8. Protecting the sending reputation; suspension

8.1 We monitor bounces and complaints. As described on azimea.com/security, a rising rate slows your sending and a high rate stops it automatically. A person at Azimea reviews the account before sending restarts. (requires separate express acceptance)

8.2 We may suspend sending, part of the Service, or the whole account, immediately and without prior notice, only if we reasonably believe that: (a) you seriously or repeatedly broke the Acceptable use policy or section 6; (b) your use puts the Service, other customers or recipients at risk or damages the shared sending reputation; (c) the law or an authority requires it; or (d) a payment is overdue after the notice in 4.7. We limit the suspension to what is needed (for example one campaign, one sender or sending only) and, for a case in (b) that is not urgent, we first give you [Details pending confirmation] to fix it. (requires separate express acceptance)

8.3 When we suspend or restrict you, we send you at the same time or immediately after, to the email address we have, a statement that says what we restricted and for how long, the facts and the rule of these terms or the law that we rely on, whether automated tools were used, and how you can ask us to review the decision (reply to that email or write to support@azimea.com: a person reviews it and answers). You may also seek a judicial remedy and use any applicable out-of-court remedy. This does not mean that Azimea is an online platform subject to every platform-specific dispute mechanism. We may withhold information only where legally required or permitted and only to that extent. Once the grounds for a restriction are resolved, we restore the affected access unless the contract has lawfully ended or another justified restriction remains. (under verification)

8.4 Messages that were held during a suspension may be sent when it ends, or discarded, if that is safer for recipients. (requires separate express acceptance)

8.5 Illegal content. If you or anyone else tells us that content in your account is illegal, at abuse@azimea.com or through the contact form (topic “Report abuse or illegal content”), saying where the content is, why it is illegal and who is reporting, or if we learn it, we may remove it or stop it being sent. Identify the message or exact location, explain the alleged illegality and confirm your good-faith belief that the information supplied is accurate and complete. Supply contact details where required by law; a report concerning the child-sexual-abuse offences covered by Article 16(2)(c) DSA does not require the reporter’s name and email. Do not send us unlawful imagery as an attachment. We may report apparently illegal activity and give relevant data to competent authorities when the law requires or permits it, subject to applicable data-protection safeguards.

8.6 How we moderate. We use automated checks (for example bounce and complaint rates and pre-send checks) and people at Azimea; the rules we apply are those in these terms and in the Acceptable use policy. You can complain about a decision by replying to the statement we sent you or writing to support@azimea.com; we answer within [Details pending confirmation] working days.

9. Intellectual property

9.1 The Service, its software, design, documentation and the Azimea name belong to Azimea or its licensors. You get a non-exclusive, non-transferable right to use the Service during the contract for the purposes allowed by these terms.

9.2 You may not copy or resell the Service, reverse engineer it or attempt to extract its source code, except where mandatory law permits it. The agency use expressly allowed by section 16 is permitted. Separately licensed plugins, libraries or other open-source components remain subject to their own licences; this clause does not remove rights granted by those licences. Do not interfere with other accounts, evade security or usage controls, or perform testing that disrupts the Service without our prior written authorisation.

9.3 You give us the right to use your name and logo as a customer reference only if you agree in writing.

9.4 If you send us feedback, we may use it without owing you anything.

10. API

10.1 You may use the API with the keys you create, within the permissions and rate limits shown in the documentation at docs.azimea.com. We may limit or block use that threatens the stability of the Service. We do not limit or charge for the API in a way that prevents you from exporting your data when you leave. (requires separate express acceptance)

10.2 You keep API keys secret and give each integration only the permissions it needs.

11. Confidentiality

11.1 Each party protects the other’s non-public business, technical and account information with reasonable care, uses it only to perform this contract or exercise its legal rights, and discloses it only to people and contracted providers who need it for those purposes and are subject to appropriate confidentiality duties.

11.2 This does not cover information the receiving party can show became public without breach, was already lawfully known, was independently developed or was lawfully received without a confidentiality restriction. Where disclosure is legally required, the receiving party limits it to what is required and, where permitted, gives advance notice so the other party can seek protection. Personal data remains subject to the Data Processing Agreement and applicable law in every case.

11.3 These duties continue after the contract ends for as long as the information remains confidential. Disclosure to our providers for an AI feature remains subject to these duties and section 7; selecting that feature does not make your input public.

12. Warranties and liability

12.1 We provide the Service with reasonable skill and care and, for consumers, subject to mandatory conformity rules. For professional Customers, beyond what these terms state, the Service is provided “as is”. We do not promise uninterrupted or error-free operation or that emails will reach every inbox. Deliverability depends on many things we do not control, including the mailbox providers and your own practices. (requires separate express acceptance)

12.2 Nothing in these terms limits or excludes liability for intent, fraud, gross negligence, death or injury, or any other liability that cannot be limited or excluded by mandatory law. (requires separate express acceptance)

12.3 For a Customer acting in a business or professional capacity, subject to 12.2, our total liability to you for everything that arises from or relates to the Service, whatever the legal basis, in any period of 12 months is limited to the greater of (a) the fees you paid us in the 12 months before the event and (b) EUR [Details pending confirmation]. Related claims from the same underlying event count together. This allocation is between Azimea and the Customer; it does not bind a supervisory authority or restrict a data subject’s rights, including under Article 82 GDPR. Mandatory liability and contribution rights, and any precedence required by the applicable standard contractual clauses, remain intact. Refunds expressly due under these terms are not reduced by this cap. This contractual cap does not apply to a consumer’s statutory remedies or liability that cannot lawfully be limited. (under verification) (requires separate express acceptance)

12.4 For a business or professional Customer, subject to 12.2, we are not liable for indirect or consequential loss, or for lost profits, revenue or business, or for loss of goodwill, that we could not reasonably foresee when you accepted these terms. (requires separate express acceptance)

12.5 Your responsibility if you act in a business or professional capacity. You will compensate us for third-party claims, and for reasonable costs (including legal fees) of defending them, that arise from your contacts, content or sending practices (for example sending without consent), to the extent they result from your breach of these terms. We will tell you promptly, let you control the defence if you ask, and cooperate at your cost; neither of us settles in a way that admits fault of the other without consent. Our right to compensation is reduced to the extent that we or a third party we are responsible for contributed to the loss, or could have avoided it with minimal diligence. A consumer is responsible for their own unlawful conduct under applicable law, without this contractual indemnity. No clause automatically transfers regulatory fines to you; any claim concerning a fine must have an independent lawful basis and satisfy the applicable rules on causation and responsibility. You are not required to compensate us for our own breach or to accept a settlement imposing obligations on you without your consent. (requires separate express acceptance)

13. Changes to these terms

We may update these terms for a valid reason, including a change in the law, a security requirement or a material change to the Service, which we identify in the notice. We tell you by email and in the app at least 30 days before a change that matters to you takes effect, and show the old and the new text. If you do not accept the change, you may end the contract before it takes effect, at no cost, and we refund payments for periods that start after the end date you chose. If you do not end the contract, the new terms apply from the date shown. For a change to a clause in section 18, we ask you in the app to accept the new text expressly; until you do, the old clause continues to apply. Changes required by law may take effect sooner to the extent necessary to comply with that law. For consumers, a contractual change cannot remove mandatory rights. We ask for express agreement to a material change of consumer rights or obligations unless mandatory law permits the particular change on notice with a right to end the contract; silence or continued use alone is not express agreement. A change to the digital service also follows section 3.7 and the notice and termination rights required by applicable law. (under verification) (requires separate express acceptance)

14. Ending the contract

14.1 You may end the contract at any time in the app: the owner of the workspace does it in Settings > Your data > Close your company, by typing the company’s name and their own password. The company closes at once and your paid plan ends with no further charge; we do not refund the part of the period already paid merely because you close the company; the refund rights in section 4.8, other express refund rights, a consumer’s withdrawal and conformity remedies, and remedies for our breach remain available. We tell the owners and admins by email. We may end the contract with [Details pending confirmation] days’ notice sent to your email, and immediately for serious or repeated breach (section 8) or if the law requires it. If we end the contract without breach on your side, we refund the part of the period you paid for that has not run. (requires separate express acceptance)

14.1a A company with no plan. If the trial or paid service period ends without a replacement plan, reminders to the owners and admins are scheduled after 14 and 27 days. Closure is scheduled after 30 days, and never earlier than three days after the final warning. A delayed warning therefore delays closure. At closure the Owner’s retrieval period in section 14.2 starts; it does not start merely because the trial expired. A company covered by an agency is not closed for this reason. (requires separate express acceptance)

14.2 Your data after closure. For 90 days from the company’s actual closure date, your account stays available for export only: the owner can still sign in, take all the data and, if the owner closed the company, reopen it (this period is longer than the 30 days that section 14.4(d) requires). A company that we closed can be reopened only by us. After that we delete your data from the Service, with your company’s sandboxes and the accounts of people who belong to no other company, except what the law requires us to keep (for example invoices) and our own audit log, which has a retention of its own. Copies in backups expire according to the backup schedule. We keep a short record that the deletion happened (the company’s name, the date and how many rows were removed) as proof of it. The one thing we keep about an address after that is on our protective list (DPA 3.4(b)): a keyed hash, the reason and the date, for 24 months, only for addresses that bounced for good or whose owner marked an email as spam. A company’s own list of people who unsubscribed is deleted with the rest of its data. (under verification) (under verification) (requires separate express acceptance)

14.3 Clauses that by their nature continue (payment, liability, confidentiality, data protection, governing law) continue after the end.

14.4 Leaving Azimea: switching to another provider or to your own systems. (a) You can ask us, in the app (the account Owner does it in Settings > Your data > Leave Azimea) or by email to support@azimea.com, to help you switch to another provider or to move your data to your own systems, or just to delete it. Your request starts the switching process after a notice period that you choose and that is at most two months. (b) After the notice period, a transitional period of 30 calendar days starts, during which this contract stays in force, we give you reasonable help (including the information you need for your exit plan), we keep the Service running, we tell you of any known risk to continuity, and we keep the security level of the contract. You may extend the transitional period once, for as long as you consider appropriate. If 30 days is technically impossible we tell you within 14 working days why and give you another period of no more than seven months, during which the Service continues. (c) The contract ends when switching is completed, or at the end of the notice period if you only want your data deleted; we confirm this to you in writing. (d) You can retrieve your data for at least 30 calendar days after the transitional period ends (we keep your data for 90 days, section 14.2). (e) What you can port is listed in Annex 1. The excluded categories are specified in Annex 1; an exclusion must not impede or delay switching. (f) After the retrieval period, once switching is complete, we erase your exportable data and digital assets, including your company’s unsubscribe records, subject to mandatory retention and the separately identified processing in section 14.2 and the DPA. Backup deletion follows the DPA. (g) We charge nothing for switching or export, and there is no early-termination fee. Ordinary subscription fees remain payable while the contracted service continues; no subscription fee is charged for the export-only retrieval period. We do not guarantee that another provider will reproduce every Azimea function or import every configuration without adaptation.

An extension, an earlier completed switch or a technical obstacle must be handled through support before the scheduled closure. The statutory limit on notice is two calendar months, even if an interface offers a number of days. The 14-working-day period for notifying technical infeasibility runs from the switching request. A deletion instruction under the DPA can be made without waiting for the default retrieval period, subject to mandatory retention. (under verification)

15. Special services

15.1 Free migration. The scope, supported files and responsibilities of a migration are confirmed with you before work starts. You provide files through the agreed secure channel, with consent evidence and unsubscribe records needed to prevent unlawful re-enrolment. Do not send passwords or API secrets in files or support messages. You retain a source copy and check the import report before enabling sending. An import does not create consent that did not exist at source. Migration working files are used for that task and deleted under the agreed schedule and the DPA. (under verification)

15.2 Sandboxes. A sandbox is a test company. Emails sent from a sandbox are captured inside the app and do not reach your contacts.

15.3 Founding customer programme and beta features. A beta or preview label means the feature is under evaluation and may change. It does not remove mandatory rights or the protections applying to production data. An exception from the Data Act’s switching chapter is used only for an actual non-production service supplied for testing and evaluation for a limited period, with the excluded obligations disclosed before contracting, as Article 31 requires. A free trial or founding-customer discount does not by itself create that exception. Any special programme scope, price, duration or commitment is confirmed in writing.

16. Agencies

16.1 An agency uses an agency workspace to manage client companies. The client company has its own account and its own data, and is the controller of its contacts’ data. Where the agency processes it, the agency does so on the client’s instructions.

16.2 An agency gets access to a client company by creating it and handing it over, or by the client’s approval. A client can end the agency’s access at any time in the app. Ending access does not delete the client’s company or data. The client company accepts these terms itself; the agency’s acceptance does not replace it. Clauses in section 18 require separate express acceptance where applicable.

16.3 The agency is responsible to Azimea for its own users and for what it does in a client’s account within the agency’s role. The identity of the payer and the scope and end date of agency coverage must be clear to both parties. Ending agency access does not transfer a subscription or erase outstanding fees; the client must arrange its own plan when agency coverage ends. Each party’s data-protection role follows its actual instructions and purposes; an agency acting as a processor must have the necessary mandate and processing agreement with its client. (under verification)

17. General

17.1 Notices. We send notices to the email you gave us and may show them in the app. You send notices to [Details pending confirmation]. We send you service messages without asking for consent (for example security, billing and legal notices). We send you marketing emails only if you agree.

17.2 Contract documents and precedence. The agreement consists of these terms, the selected plan and order confirmation, any expressly agreed written special conditions, the Acceptable use policy and the Data Processing Agreement. Mandatory law and applicable standard contractual clauses prevail; the DPA prevails for customer personal data; otherwise individually negotiated terms prevail over standard terms, followed by the specific plan and order conditions, these terms and the Acceptable use policy. The Privacy policy explains processing for which Azimea is controller; acknowledging it is not blanket consent to processing or marketing. Marketing statements do not silently amend an existing agreement, without prejudice to any mandatory legal effect they may have.

17.3 Assignment. You need our written consent to transfer the contract. We may transfer it to a successor of our business if we tell you. (requires separate express acceptance)

17.4 Force majeure. A party is excused from liability only to the extent performance is prevented by an event meeting the requirements of force majeure under applicable Romanian law. It must notify the other party without undue delay, explain the effect and take reasonable mitigation measures. Ordinary supplier failures, lack of funds and preventable security incidents are not automatically force majeure. Accrued payment obligations remain due. Mandatory termination rights remain available. (requires separate express acceptance)

17.5 If part is invalid, the rest still applies.

17.6 Language. The contract is concluded in English and the English version binds where the law permits this. If the law of a consumer’s country requires pre-contract information or contractual terms in another language, Azimea must provide them before taking a paid order from that consumer; an English-only clause does not remove that requirement.

17.7 Governing law and courts. Romanian law applies to these terms and to everything that arises from them. For any dispute, the courts of [Details pending confirmation], Romania, have exclusive jurisdiction. This applies between Azimea and professional Customers and does not affect any right that the law gives to a person who uses the Service as a consumer to bring a claim in the courts of the place where that person lives, or the rights given by mandatory rules that cannot be excluded by agreement. A consumer in a country to which we direct the Service retains the protection of mandatory provisions of the law of their habitual residence where applicable conflict-of-laws rules provide it. Either party may seek interim protective measures in any court competent under applicable law. You and we agree that this choice of court is made in electronic form that gives a durable record of the agreement. (under verification) (requires separate express acceptance)

17.8 Contact. [Details pending confirmation], [Details pending confirmation]. Email: [Details pending confirmation]. Privacy: privacy@azimea.com. Abuse reports: abuse@azimea.com.

18. Clauses requiring express acceptance (Civil Code art. 1203)

The following clauses may require separate express written acceptance under Civil Code article 1203. The registration checkbox records agreement to the Terms generally; it does not record separate acceptance of these clauses. They must not be treated as expressly accepted through registration. The clauses limit our liability, give us the right to end the contract or to suspend its performance, make the contract renew automatically, set the applicable law and the competent courts, or are otherwise to your disadvantage: (under verification)

• 1.1 (authority to bind an organisation and the account holder’s personal responsibility);
• 3.3 to 3.6 (limits; sending limits; no promise of uptime; support targets);
• 3.7 (changes to the Service);
• 3.9 and 7.4 (limits of scheduling, results, reports and AI assurances);
• 4.4 (automatic monthly renewal);
• 4.6 and 13 (changes of prices and terms);
• 4.7 (stopping sending when a payment fails);
• 4.8 (advance payment and no discretionary refund on cancellation, without excluding other express or mandatory remedies);
• 8.1, 8.2, 8.4 (slowing down, stopping or suspending sending or the account, without prior notice where 8.2 allows, and discarding held messages);
• 10.1 (limiting or blocking the API);
• 12.1 to 12.5 (warranty “as is”, limit of liability, exclusion of indirect loss, your responsibility);
• 14.1 and 14.1a (our right to end the contract; closure after service expiry and notice);
• 14.2 (deletion of your data after the contract ends);
• 17.3 and 17.4 (assignment and force majeure);
• 17.7 (Romanian law and exclusive Romanian courts).

If we change any of these clauses, we ask you to accept the new text in the same way (section 13).

19. Additional terms for consumers

19.1 When this section applies. A consumer is a natural person who buys the Service for a purpose outside their trade, business or profession. This depends on the real purpose of the purchase, not whether the person has a registered company, uses a workspace name or has a VAT number. This section prevails over a conflicting general clause. Nothing here limits rights that mandatory consumer law grants in the country whose law applies to the purchase. A professional natural person remains covered by the general terms but is not a consumer merely because they buy in their own name.

19.2 Before a paid order. The offer and checkout must identify Azimea as the seller, the main features and limits of the selected plan, its total price with applicable taxes, monthly renewal, cancellation method, relevant compatibility and interoperability information, and the legal rights and contact route for complaints. Your free account does not require a card. We collect the billing name and address for a paid order; a consumer is not required to invent a company or tax ID. The final payment action must clearly say that the order creates an obligation to pay. We confirm the paid contract and the required pre-contract information on a durable medium. You can keep the version of these terms and the order confirmation. (under verification)

19.3 Withdrawal from an online subscription. Where the law grants a right of withdrawal, you can tell us within 14 days after the relevant contract is concluded that you withdraw, without giving a reason. This can also apply to an eligible trial supplied in exchange for personal data, depending on how the account is used and applicable law. A longer period applies if mandatory law requires it or if we fail to provide required information. You may use the online withdrawal function, the model withdrawal form in Annex 2, or any clear statement sent to support@azimea.com. The online function must be visible and accessible throughout the withdrawal period, let you identify the contract and send the declaration, and confirm receipt to you promptly on a durable medium. A cancellation of future renewals or closure of a workspace is different from withdrawal; tell us that you are withdrawing if that is what you intend. We do not make use of the Service, account creation or the start of a trial an automatic waiver of the right. (under verification)

19.4 Service during the withdrawal period. If you ask us to begin a paid service during the withdrawal period and later withdraw, any amount due for service already supplied is calculated only as applicable law permits and only if the required request and information were provided. The statutory exception for a service performed in full does not apply merely because you signed in or sent an email. We will not present the ongoing monthly subscription as digital content supplied in one act in order to remove the right of withdrawal. (under verification)

19.5 Conformity of the digital service. You have the statutory rights applicable to a digital service that is not supplied or does not conform: to request supply or correction, and where the legal conditions are met, a proportionate price reduction or termination and refund. We provide updates required to keep the Service conforming for the applicable period. The advance-payment and cancellation rules in section 4.8 do not limit these rights. Statements in sections 3.5 and 12 about availability or results do not exclude the promised features or mandatory conformity obligations.

19.6 Refunds and data after withdrawal or statutory termination. We make a refund required by consumer law without undue delay and within the statutory limit, normally 14 days after we receive the withdrawal or the decision to invoke a statutory digital-service remedy, using the original payment method unless you expressly agree otherwise and incur no refund fee. We handle your personal data under the Privacy policy and let you retrieve eligible content you provided or created as required by law; sections 14 and Annex 1 describe the general export process. Mandatory law controls if an export or deletion period there would give you less protection.

19.7 Liability, changes and disputes. The business liability cap and indemnity in sections 12.3 to 12.5 do not apply to a consumer. Any future express acceptance of section 18 would not waive a consumer protection or make an unfair term enforceable. Sections 3.7 and 13 operate only within the mandatory rules on changes to a continuous digital service or to consumer contract terms. You may complain at support@azimea.com; we identify any applicable out-of-court remedy before contracting. The consumer safeguards in section 17.7 govern applicable law and courts. (under verification)

Annex 1: What you can export when you leave, and what stays with us (Data Act art. 25(2)(e)-(f))

You can export (CSV or JSON; the account Owner starts it in Settings > Data, and it is ready to download as one ZIP file for 14 days): contacts with their attributes, tags, consent status and consent history; topics and opt-outs; unsubscribes and suppressed addresses of your company; segments (definitions); products and catalogue items; orders, carts and customer events; campaigns with their recipients; flows and their settings; email templates, saved rows and your uploaded pictures (the files themselves, and a list with name, type, size and link); delivery and engagement records (sent, delivered, bounced, opened, clicked) for the periods we still keep; your company’s profile and settings, connected stores, tracking settings, webhooks, API-key names and scopes, sending domains (with the DNS records) and senders, plan and subscription, the invoices (number, date, total and status, with the link to the page and the PDF of each), and the members with their name, email and role. Secrets (API keys, signing keys, store credentials and webhook secrets) are never in the file.

Stays with us (internal operating data protected by our trade secrets or by the security of the Service): source code, models and rules we use to classify machine opens, security and operations logs. This does not delay switching.

Annex 2: Model consumer withdrawal statement

You may use this model if you wish to withdraw from a subscription within the applicable legal period. Send it to support@azimea.com, or use the online withdrawal function described in section 19.3. You can also send any other clear statement of your decision.

To: Azimea, [Details pending confirmation], support@azimea.com

I hereby give notice that I withdraw from my contract for the Azimea subscription identified below.

• Subscription or order identifier: ________
• Date the subscription was concluded: ________
• Consumer’s name: ________
• Consumer’s address: ________
• Email used for the account or order: ________
• Date of this notice: ________
• Signature (only if sent on paper): ________

(under verification)