2.1. Emotsy LTD, based on cooperation between the Parties, shall provide the Company with the possibility to send e-mails to recipients listed by the Company, connecting to the Website servers. Emotsy LTD guarantees to send Company’s text messages to identified recipients.

2.2. The data necessary for the use of services (e-mail databases, e-mail texts, e-mail designs, etc.) shall be provided by the Company unless otherwise agreed to in writing by the Parties. The Company shall be held fully responsible for the legitimacy of the acquisition and processing of the data and/or data content itself.

2.3. The Company, in order to access the services of the Website, upon registering on the Website, shall choose a username and password (hereinafter in the text referred to as “User’s account”).

2.4. Each Party separately shall be held responsible for the confidentiality and nondisclosure of User’s account passwords.

2.5. The actions performed by the Company on the Website shall be recorded and the allocated/chosen services (details, service plans, etc.) shall be confirmed automatically and stored in the Website memory.

3.1. Emotsy LTD rights and responsibilities:

3.1.1. Emotsy LTD shall guarantee the Company’s rights of access to the Website and the Services every day, 24 hours a day, and a 99% monthly access possibility. Emotsy LTD shall store the data entered in the user’s account on its own server.

3.1.2. Emotsy LTD shall record and analyze the Company’s campaigns for statistical purposes. Emotsy LTD undertakes not to reveal the information on the Company’s campaigns or general data to third parties without the prior consent of the Company but shall use it only for general statistical purposes.

3.1.3. Emotsy LTD shall not be held responsible for the liabilities of the Company. In the event that the Company violates its obligations, it shall be solely responsible for its possible consequences.

3.1.4. Emotsy LTD is entitled to process and analyze the information/data provided by the Company and entered on the Website/user’s account (including personal data) to an extent as deemed necessary to guarantee the functionality of the Website. To this end, Emotsy LTD reserves the right to use the respective technological tools (e.g., cookies).

3.1.5. Emotsy LTD may inform the Company about various upgrades and novelties of the Website, marketing tips, sponsors, and/or cooperation partners’ offers (the above mentioned also includes advertising) by sending information to the Company’s e-mail registered on the Website. For these actions, a separate Company’s permission is not required.

3.1.6. After the expiration of the Contract, Emotsy LTD shall delete the user account immediately along with all the entered information/files. When the Contract expires, Emotsy LTD within one working day shall hand over to the Company all its information/files (databases, etc.) contained in the user account in the form as considered acceptable by the Company (an excel file, or similar).

3.1.7. Emotsy LTD as a data operator (as understood in the legislation) confirms that the provision of the Services and storage of the Company’s data (incl. personal data) shall comply with the legislation on data protection of Latvia.

3.1.8. Emotsy LTD may temporarily withhold the sending of the Company’s e-mails if the bounce rate of the campaigns sent by the Company exceeds 15%.

3.1.9. Emotsy LTD shall not permit the Company to send e-mail campaigns using the Website if it has not duly paid the invoices issued by Emotsy LTD or if it has not paid within three days after Emotsy LTD has issued a warning.

3.1.10. When sending informative (service) e-mails, Emotsy LTD shall specify the operator – Emotsy – “Emotsy e-mail marketing”, and the Company shall not raise any objections. In the event that the Company wishes to modify such information, it has a possibility to subscribe for the Pro user’s status (upon payment), which permits to edit e-mail designs.

3.2. The Company’s rights and responsibilities:

3.2.1. The Company shall access the Website and/or any service provided only using the interface of the Website. When accessing the Website, any activities executed not using the allowed (on-screen) commands, or automatically executed (non-human) (using various programs, such as robots) activities shall be deemed illegal.

3.2.2. The Company shall use the Services only for legal purposes and shall comply with the legislation of Latvia and the Terms of Use of the Website.

3.2.3. The Company shall guarantee that all its employees, representatives, and/or authorized persons will comply with the Terms of Use of the Website. The Parties shall observe the norms listed in the Terms of Use of the Website. In the event of any contradictions between the Terms of Use of the Website and this Contract, this Contract and its terms and conditions shall govern.

3.2.4. The Company shall not execute any actions intended to bypass the Emotsy LTD safety systems, shall not conduct acts of unauthorized access to the Website and its systems (e.g., servers), and shall not use the Website code for illegal purposes. Moreover, the Company shall not conduct illegal acts that may hinder or obstruct the Services or any of its parts.

3.2.5. The Company shall be held responsible for the contents of its database and legitimacy of acquisition of data. The Company shall be fully aware that the first campaign may be suspended until Emotsy LTD ascertains the compliance of the Company’s database with the legislation of Latvia.

5.1. The Contract enters into legal force at the moment it is signed and is valid while the Company is registered on the Website.

5.2. The Parties may terminate this Contract, notifying the other Party in writing not later than 30 (thirty) days in advance.

5.3. The Parties may terminate the Contract, sending a notification to the other Party 7 calendar days before if:

5.3.1. the other Party was liquidated or is insolvent;

5.3.2. the other Party repeatedly fails to perform (i.e., more than twice) the payment for its contractual liabilities.

5.4. Termination of the Contract does not liberate the Parties from the fulfillment of their obligations/liabilities.

4.1. The Company shall pay the subscriber fee for the received Services depending on the chosen data volume plan (“Subscriber fee”). Such fee shall be paid once a month or as chosen by the user for a 6 or 12-month period, the invoice should be paid 14 days after the invoice creation.

4.2. The Company may settle payments automatically on the Website by entering its account, issuing an invoice, and settling the payment using a payment card.

4.3. If the Company does not use the Services, or uses it for fewer subscribers, or does not use all the functions offered by the Service provider, the Subscriber fee shall not be repaid.

4.4. The Company has the right to use the Services only after it has duly paid the Subscriber fee for the respective month.

4.5. The Company shall pay Emotsy LTD for the e-mail design in accordance with the agreed estimates (drawn up in written form) and the received invoice.

4.6. The use of the Services may be prolonged, and the payment – settled before the end of the active period, otherwise, the account shall be electronically suspended.

4.7. Emotsy LTD may change the prices, notifying the Company in writing not later than 30 working days before such modification.