Terms of Use

ESPUTNIK SP. Z.O.O., Poland, 02-972, voivodeship Mazovetsky, Warsaw city, Adama Branickiego Street, No. 21, office U3.

General Rules

This document contains the Terms of Use of the eSputnik Service, general rules of the campaign content, rules of campaign moderation, import rules, anti-spam policy of the Service, and terms of public offer. Please read these Terms of Use that serve to ensure legitimacy and high communication efficiency.

Please carefully read the Privacy Policy that is mandatory for all customers.

Terms and Definitions

Offer - a real public agreement for the provision of information services.

Service - an online service eSputnik, a specialized software accessed via the Internet that is designed to create and send advertising and informative messages to third parties - recipients - and is located on the Internet at https://esputnik.com.

Offer Acceptance - complete and unconditional acceptance of the Offer. Access to the Service is only possible after the Offer is accepted.

Customer - a user of the service, who has accepted the Offer on the terms as contained in this Offer.

Provider - an authorized (licensed) representative of the Service in the region.

Additional Service Agreement - an agreement between the Customer and the Provider that defines the provision of additional services applicable to the Service functions.

Account - all Customer data stored in the Service that is used for authorization (authentication) and access to the Customer’s profile and settings in the Service.

Registration - a creation of a new Account in the Service in order to gain access to its functionality.

Pricing Plan - the amount of services provided to the Customer. The information on Pricing Plans is publicly available on the Service's website.

Content - information, documents and other material placed by the Customer in the Service.

Public Offer

The eSputnik Platform is a specialized software accessed via the Internet that is designed to create and send advertising and informative messages to third parties - recipients - and is located on the Internet at https://esputnik.com (thereinafter Service).

The User of the Service (hereinafter Customer) gets access to the Service via an authorized (licensed) representative of the Service in the region (thereinafter Provider).

The Provider creates and administers the Customer's Account and thus gives the customer access to a specialized software - the eSputnik Service.

By signing up in the Service in any way, a company, an organization, or a legally capable private individual whose data was provided at the time of registration (hereinafter Customer), hereby accepts the Terms of Use (described below) and shall use the Service in accordance with these Terms. The party that accepts this Offer becomes the Customer (Offer Acceptance is equivalent to the Service Agreement on the terms defined in the Offer). If a private individual registers in the Service, they hereby guarantee that they are authorized to do so (and do so) on behalf of the Customer.

This Service Agreement (Offer) is considered to be concluded (accepted) from the moment the Customer registers on the Site, or registers in any other way.

The Provider and the Customer provide mutual guarantees of their legal authority required to conclude and implement this Service Agreement.

In the case of the Additional Service Agreement with a licensed Provider, none of the provisions of such an agreement may limit the rights or extend liability of the Service.

By accepting the Offer, the Customer thus confirms that these Terms of Use do not infringe on the legitimate rights and interests of the Customer. Please read carefully the Offer, and should you not agree with any of the provisions defined by this document, do not register and do not use the Service. The Provider reserves the right to reject any of the Customer’s requests, deny a registration request or a subscription application for any reason and without reason at any time unless such rejection is illegal.

1. Terms of Use of the Service

The Provider gives the Customer access to the eSputnik System by creating an account for the Customer. The Account is created by entering the customer data and/or configuring it in the Service so that the Customer can use the Service effectively. The Provider provides the Customer with the information to access the Account (link, the email to log in and default password for the account administrator), and the Customer gets access to the functionality of the eSputnik System where the Customer may perform the following actions:

create (using templates or custom code) advertising and informative emails, SMS, web push notifications, mobile notifications, Viber messages, and WhatsApp messages;
send advertising and informative emails, SMS, web push notifications, mobile notifications, Viber messages, and WhatsApp messages (bulk and/or transactional) to recipients from their own contact base;
analyze campaign results;
manage the contact base (create segments, etc.);
integrate with the External Solution Services and automate marketing processes.

Technical Requirements

The Provider guarantees that the Service shall operate on the basis of the most recent official version of the following browsers: Internet Explorer, Mozilla Firefox, Google Chrome, and Safari. To use the Service, the Customer shall have a device that allows to access the Internet, has registered with an email client and an Internet browser with plugins that support Flash technology, accept cookie policy, and have activated JavaScript. The Customer agrees and confirms that the Service shall not bear responsibility for ensuring the above settings and technical requirements and that the quality of the materials that are sent, uploaded, transferred or otherwise published using the Service may differ from the quality of the downloaded files to the extent that is necessary to ensure compliance with data standards, networking services, devices, or the Service requirements.

Content Policy

In the eSputnik System, the Customer may not send messages that violate the current laws of the countries in which the Customer operates as well as international laws. Campaigns containing the following materials may not be sent via the eSputnik System:

spam and spam advertising;
advertising of financial pyramids, trading, Forex, online earnings;
inaccurate information that may harm readers;
offensive language;
malware and unlicensed software;
racial, religious, and sexual discrimination;
copyright materials and trademarks of third parties used without their permission;
pornographic material;
sports betting and bookmaker information;
debt collection, refinancing, and debt restructuring;
mortgage, pawnshops and lending service;
political agitation and other materials that may be used for political purposes;
religious materials;
advertising of online casinos and gambling;
any other goods and services that the eSputnik Service may deem unacceptable to mention or promote via the Service at own discretion without notice or explanation.

The Provider reserves the right to block such campaigns and, in some cases, the Customer's Account without a refund.
If necessary, other measures may be taken against the offender in accordance with the current legislation.

Campaign Moderation Rules

Due to the terms of the Service's anti-spam policy, any campaign may be subjected to moderation to verify the content of the message and/or contact base.

Moderation is carried out in +03 GMT, and takes no more than 10 minutes during working hours (Mon-Fri - 08 am - 07 pm; Sat-Sun - 09 am - 06 pm).

In the evening time and on holidays, moderation can take 1-3 hours.

Moderation is not carried out at night.

Contact Import Rules

By importing a contact base, the Customer confirms that:

the Customer has a legally collected contact base;
all subscribers have given their consent to the use of their contact details specifically for campaigns by the Customer;
all subscribers have performed double subscription confirmation.

Anti-Spam Policy for Email

The eSputnik Service does not spread spam. The Service has a strict policy towards customers who attempt to use the Service to send spam.

Campaigns are considered spam if:

spam complaint rate exceeds 0.2% for any domain;
delivery error rate (fake or inactive email address, full inbox, etc.) exceeds 5%;
unsubscribe rate exceeds 1% of the contact list for a particular campaign;
open rate is lower than 3%;
campaign is blocked by the current DMARC policy of the sender domain (the Customer has incorrectly set up the domain's DMARC policy, or send campaigns from a domain whose owner did not give such permission);
campaign is blocked as spam by a major email client;
recipient list coincides with the organization lists available for public use;
number of recipients in the contact list is significantly higher than the standard figures typical of the particular sender (e.g., sudden rapid growth of the contact base);
sender's address does not belong to a domain that is associated with the company;
campaign is ordered by third parties to advertise their product, service or website;
there is no permission reminder in the email as to why the recipient receives this message from the Customer (the phrase should be visible and easy to read);
there is no unsubscribe option in the email (the recipient who no longer wants to receive emails from the Customer should be able to quickly find the Unsubscribe link in the email, otherwise, campaigns may be filtered as spam);
Unsubscribe button does not work. A click on it does not lead to the immediate exclusion from the contact list for the particular campaign;
text of the campaign offends the reader;
sender's address or domain has been changed to send different campaigns; such change is considered a fraud;
Customer’s contact list contains a spam trap (one spam trap per bulk campaign is enough to identify the sender as a spammer).

Should the Customer be suspected of sending spam, the Service may temporarily suspend the campaign sending from the Customer’s Account until the investigation is complete.

When working in the Service, the Customer is under obligation to the following:

Send campaigns only to contacts who have explicitly consented to receive campaigns and confirmed their email address by clicking on the confirmation link in the confirmation email.
Remove contacts from the contact base upon the first request of the owners and do not include them back without repeat registration, email address confirmation and consent to receive campaigns by the owner of the email address.
Remove contacts with two or more delivery errors (User does not exist; The email address is inactive; etc.) unless such removal is done automatically by the Service.
With offline collection of contacts, start sending regular campaigns to these contacts only after they confirm their email address and consent to receive digital campaigns.
Keep full, reliable information about the date/time and details of confirmation and consent to receive campaigns for each contact from the Customer’s contact base.
For the sender domain, set up correct SPF, DKIM, and DMARC signatures.
Use only own domain as a sender address. To test the Service, it is possible to send from free public addresses to 2-3 test contacts (note: such tests have a high risk of being labeled as spam).
The sender address is to be monitored by the person in charge. All emails that come to this address in response to the campaigns are to be answered. If an empty email (with no text by the recipient) comes in response to the campaign, the Customer is to unsubscribe that recipient from the campaign.
In the Service, the Customer may not use a no-reply address or any other sender address which name does not presuppose the possibility of response.
In the text of each message, all bulk campaigns are to have valid non-digital contact information about the sending organization, including the telephone number and physical address.
If the contact list includes contacts who are located on the territory of the EU, this list is to comply with the GDPR rules.

By using the Service, the Customer agrees that the Service has the right:

Ask for proof that the Customer has permission from recipients to send campaigns to their addresses.
Block the Customer’s Account without a refund should the Service find out that the Customer sends emails without the permission of the recipients.
Ask the Customer for access to the information on the postmaster for the domain that causes problems for campaigns.
Block Customer’s campaigns and terminate the service should the Service find out that campaigns damage the reputation of the Service.
Block campaigns due to unfair contact limit practices

Anti-Spam Policy for SMS

Send messages that violate the Content Policy.
Advertise alcohol, cigarettes, goods and services confined to the R18 category.
Send messages without the consent of the phone number owner.
Save contacts after the number owner asked to remove it from the contact base.

When sending SMS messages via the Service, the Customer may not:

Illegal sale that can harm the business reputation of the International Payment Systems. The illegal sale objects include:

weapons and ammunition prohibited by law enforcement agencies;
drugs and accessories for their use;
unlicensed medicine;
tobacco products, gambling, casinos, lotteries.

Sale of offensive materials that have no art value (e.g. sexual images, images of cruelty and violence).

Payment Terms of Use

The Customer’s payment may be denied in the following cases:

Create the Customer's Account on the website and provide access to the Service no later than five business days after the registration in the Service.
On the day the Account creation, send the Customer an email to the email address used for registration with the login details (user name and default password).
Consult the Customer on how to use the functionality of the eSputnik System during the validity period of the Offer.
Provide the Customer with technical support to the eSputnik System by phone, email or messenger during the validity period of the Offer, namely:

receive and process requests from the Customer on the incorrect operation of the eSputnik System and on failures to access the Service;
fix failures of the Service operation as soon as possible;
provide support on the integration with the eSputnik System and on activation of new functionality/features of the System.

Upon request of the Customer, provide additional advice on information support/improvement and implementation in the Customer's operation of the email communication strategy.
Ensure the security of the Customer’s data, including contact bases, which the Customer uploads to the Service, and do not allow third parties to access the Customer's data without the Customer’s direct written consent.
Do not use the Customer data, including contact bases, and information uploaded into the Service for purposes other than determined by this Offer, and do not transfer it to third parties.
Inform the Customer in writing at least 24 hours in advance on the scheduled maintenance which may affect the operation of the Service.
In the event of an unscheduled breakdown of the Service, fix the failure after it is identified or reported by the Customer.

Refunds

We’ll give you a refund for a prepaid month or reimburse you for unused Pay as You Go Credits if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund or credit from us under any other circumstances. We may, at our sole discretion, offer a refund, discount or credit.

2. Rights and Responsibilities of the Provider

The Provider undertakes the following liabilities:

Demand payment for all the services provided as determined by this Offer.
Should any spam be detected, temporarily suspend the campaign until the investigation is complete.
Ask for proof that the Customer has permission from recipients to send campaigns to their addresses.
Block the Customer’s Account without a refund should the Customer send emails without the permission of the recipients.
Ask the Customer for access to the information on the postmaster for the domain that causes problems for the Customer’s campaigns.
Block the Customer’s campaigns and terminate the service should the Customer’s campaigns damage the reputation of the Provider or the Service.
Make unilateral changes in the Pricing Plans and prices for additional services by placing new prices on the Service website. New prices apply to all new accounts and updated Pricing Plans. Prices for fully pre-paid service do not change during the validity period of this service.

The Provider has the right:

Demand from the Customer payments for all services provided to him properly.
In case of suspicion of spamming, the Provider may temporarily suspend the sending of customer mailings until the end of the investigation.
Demand proof that the Customer has the explicit consent of the recipients to send your mailings to their addresses.
If it turns out that the Customer sends messages without the explicit consent of the recipients, the Provider blocks the Customer's Account without a refund.
Request from the Customer access to the information of the postmaster of the problem domain for your mailings.
Block the Customer’s mailings and terminate the service if it turns out that the Customer’s mailings harm the reputation of the Provider and / or the Service.
Unilaterally change the Pricing Plans and prices for additional services by posting new prices on the Prices page on the Service website. New prices apply to all new accounts and updated tariff plans.
The price of previously paid by the Customer services is not subject to change if they were paid fully before the moment of change of the Pricing Plans, except for rates of paid channels (SMS, Viber, and similar). At the same time, the money paid into the account balance but not used to subscribe for the Pricing Plans or other services are not prepaid.
In cases when the Customer violates the Terms of the Offer and/or in cases when the Provider suspects the Customer of violation, including (but not limited to): violation of the anti-spam policy terms and/or the terms of use of payment systems and/or the absence of the recipients' agreement to receive campaigns, the Provider and/or the Service have the right, among other things, at their own discretion, to initiate an internal investigation of the identified violations, which may include: the Customer undergoing the verification of their identity (status); the Customer’s obligation to fill in, sign (legalize) the electronic digital signature and send to the Provider additional electronic forms of documents (statements, etc.), as well as copies of the documents and other evidence at the request of the Provider.

3. Rights and Responsibilities of the Customer

The Сustomer agrees and undertakes the following responsibilities:

Do not grant access to the eSputnik System to third parties without the prior written consent of the Provider.
Do not send messages that do not comply with the international law, international rules on marketing communications, current laws of the countries of operation of the Customer, the Service or the Provider, including messages that contain:

spam and spam advertising;
inaccurate information;
offensive language;
malware and unlicensed software;
racial, religious, and sexual discrimination;
copyright materials and trademarks of third parties used without their permission;
pornographic material;
weapon advertising;
other materials specified in the Content Policy.

Comply with the Anti-Spam Policy for Email, Anti-Spam Policy for SMS, and Payment Terms of Use.
Change the default password of the Customer when logging into the eSputnik System for the first time. The Customer is to ensure the confidentiality of the password and other authorization data.
Immediately notify the Provider and the Service of any service failure and problems in the use of the Service by sending an email to [email protected].
Use the Service in accordance with the international law, international rules on marketing communications, current advertising laws of the countries of operation of the Customer, and current Terms of Use. Use the Service to send information only to those recipients who consented to receive it.
The Customer is the only owner of the contact base, including phone numbers, email addresses and other personal data of subscribers, that is uploaded in the System by the Customer.
The Customer is the creator and sender of messages (SMS, email, Viber messages, WhatsApp messages, web push notifications, mobile push notifications), from text preparation and content editing to sending messages to contacts. The Service only serves as a technical channel for sending messages.
The Customer is responsible under the current legislation for the improper or illegal sending of messages and their content. The Provider may not be found to have violated any rights and legitimate interests of the recipient or third parties, as well as any legislation that has been violated when using the Service. The Provider or Service may not be considered the appropriate recipients of complaints or penalties. The Customer shall take full responsibility for such violation, and undertakes to resolve all disputes arising during the use of the Service without the involvement of the Provider and Service. The Provider may inform the Customer of such complaints or claims, and, if necessary, oblige the Customer to defend a claim or refer the Customer's contacts upon founded and properly executed request by the state or local authorities, or upon request of the parties whose rights and legitimate interests have been violated. The Customer agrees to reimburse the Provider or the Service all expenses incurred by the Provider or the Service due to such requests.

The Customer has the right:

Require that the Provider or the Service ensures timely and high-quality service provision under the terms defined by this Offer.
Contact the Service's support and receive advice on the use of the Service during the validity period of this Offer.

4. Cost of Service

The Customer shall pay for the use of the Service in accordance with the Pricing Plans specified on the Service's website.

All Pricing Plans are given in the currency of the corresponding region (USD, Euro, etc.) excluding VAT, turnover tax and other indirect taxes.

Service payment is to be made by the Customer in advance by using any payment method specified in the Customer’s Account.

Additional Services and their payment to the Provider are specified in a separate agreement between the Provider and the Customer.

The proper provision of services to the Customer shall be confirmed by the Service Agreement. The Agreement is provided to the Customer no later than on the 10th day of the month following the month of service provision. Within ten working days after Agreement reception, the Customer has the right to sign the Agreement or declare a reasoned refusal to sign the Agreement. The Service Agreement is considered to be signed if the Customer has not provided a reasoned refusal to sign it within ten days after Agreement is issued.

5. Responsibility of the Parties

The Provider shall not bear responsibility for unforeseen breakdowns of the Service caused by third parties (Internet providers, data centers, SMS providers, etc.) provided the Service operation is restored on time.

The Customer shall bear full responsibility for the information sent via the Service, guarantee its reliability and compliance with the international law, international rules on of marketing communications, these Terms of Use and the Privacy Policy.

To the maximum extent permitted by law, the Customer agrees and consents that (i) the Customer shall bear full responsibility for any losses incurred as a result of using the Service; (ii) the Provider and the Service shall bear no responsibility for any penalties, direct or indirect damage under any circumstances even to the extent due to negligence, even if the Provider or the Service were informed on the possible damage; (iii) in any calendar month, total liability of the Service to the Customer arising from the Offer or the usage of the Service - should it be subject to the Agreement, delict (including negligence), violation of statutory obligations or otherwise - shall not exceed the payment made by the Customer for the Service in the previous month.

For clarity, the Provider or the Service shall bear no responsibility on no condition for any damage the Customer may suffer due to violation of these Terms of Use, regardless of whether the Provider or the Service has deleted or suspended the Customer’s Account due to such violation.

To the maximum extent permitted by law, the Provider shall provide the Service without warranty of any kind, either expressed or implied, except as otherwise provided by these Terms of Use.

The Customer agrees to discharge the Service and the Provider from any penalty, including claim costs, that directly or indirectly arises from any claims that are not resolved under these Terms of Use. The Customer agrees to recover damage and discharge the Service and the Provider from any penalty, including claim costs, that arises from the placement of the material directly or indirectly related to (i) the Customer’s content, (ii) the use of the Service by the Customer, (iii) violation by the Customer of any laws or regulations, (iv) statements made by third parties that the Customer or other party using the password of the Customer violated any of the current Terms of Use, (v) any distorted information provided by the Customer, (vi) violation of any statements or guarantees given by the Customer to the Provider.

Violation of these Terms of Use can cause irreparable harm to the Service. Therefore, the Provider has the right to seek a court injunction or other judgment should the Customer violate these Terms of Use.
Should the Provider be required to provide information upon request for summons, court order or other legal, governmental or regulatory requests related to the Customer’s Account, the Provider may charge the Customer with the claim cost, including the cost of the lawyer.

The Customer's refusal to facilitate the investigation initiated by the Provider and/or the Service in the cases provided in the Offer, and/or the Customer's refusal to fill in electronic forms of the documents issued by the Provider, and/or provide the documents requested by the Provider and/or the Service and/or their provision by the Customer's not in time and/or in an inappropriate volume or of an inappropriate format (inappropriate legalization, etc.) results in the automatic termination of the Offer without the refund to the Customer. The Provider also has the right in this case to give the materials of the conducted investigation to the competent government authorities for further investigation and possible prosecutions of the perpetrators according to the current legislation.

6. Termination

The Customer may terminate the Offer at any time and for any reason by closing own Account in the Service or by notifying the Provider or the Service.

The Provider or the Service may terminate the Offer at any time and for any reason by notifying the Customer.

The Provider or the Service may suspend the Customer’s Account at any time for or without any reason. Should the Provider delete the Customer’s Account without reason, provided the Customer has been using the paid account plan, the Provider shall refund a proportional part of the Customer’s monthly payment for the monthly plan or refund the unused prepayment. The prepayment shall not be refunded if the Customer’s Account is suspended or blocked due to the damage caused to the Service or due to any violation of these Terms of Use. Should the Customer’s Account be inactive for 24 months or more, the Provider has the right to delete it. The Customer agrees and consents that after the Customer’s Account is deleted, all the corresponding data will be deleted from the System forever.

The Provider has the right to unilaterally terminate the Offer if the Customer does not fulfill the obligations under this Offer.

7. Warranties

The Provider guarantees that the Provider has all the rights and authority required to conclude and implement the Agreement.

By agreeing to the Terms of this Offer via the Offer Acceptance, the Customer assures and guarantees that:

The Customer has provided reliable data in the payment documents on the payment of the Service.
The Customer concludes the Agreement voluntarily, and the Customer a) has carefully read the Terms of the Offer; b) fully understands the subject of the Offer; c) fully understands the consequences arising from the conclusion and implementation of the Agreement.
The Customer has all the rights and authority required to conclude and implement the Agreement.
The Customer guarantees that the Customer fully understands all the Terms of the Offer and agrees to be bound by this Offer in its entirety and without reservation.