Terms of Service

Last updated: [DATE]

1. Parties and scope

These Terms govern the use of the OutreachEU platform provided by QARYA S.r.l. [to verify company details] ("Provider") to the business customer ("Customer"). The service is for businesses and professionals only, not consumers.

2. Account and workspace

The Customer is responsible for its users' credentials and for actions taken in its workspace. Workspace legal details must be accurate and up to date.

3. Privacy roles

For contact data the Customer is the controller and the Provider is a processor under Art. 28 GDPR, according to the DPA the Customer accepts before its first campaign launch.

4. Acceptable Use Policy

The Customer undertakes to:

1. Not send to purchased, rented or collected lists without a documented legal basis. Every contact must have its source and legal basis recorded in the platform.
2. Not send spam or deceptive communications (misleading sender, subject or content).
3. Not send to personal addresses (e.g. Gmail, Outlook) without a valid legal basis, typically prior consent.
4. Comply with the GDPR and the ePrivacy rules of the recipient's country, including for Italy Art. 130 of the Privacy Code (Legislative Decree 196/2003) on unsolicited commercial communications, and the equivalent national rules in other EU Member States.
5. Provide recipients with the Art. 14 GDPR notice within the required time (at the latest at the first communication), e.g. using the template available in the platform.
6. Honour unsubscribe and objection requests immediately; never bypass the suppression list.
7. Not use the platform for unlawful content, phishing, malware or to circumvent technical and anti-abuse limits.

5. Suspension

The Provider may suspend sending or the whole account, also without notice, in case of breach of the Acceptable Use Policy, abnormal bounce or complaint rates, requests from authorities or risk to infrastructure reputation. The Provider will state the cause and, where possible, the steps to reactivate.

6. Fees

[TO BE DEFINED with billing: plans, renewals, invoicing, termination.]

7. Limitation of liability

The Provider supplies technical tools; the lawfulness of communications sent and data uploaded remains the Customer's sole responsibility. Except for wilful misconduct or gross negligence, the Provider's total liability is limited to the amounts paid by the Customer in the [12] months preceding the event. The Provider is not liable for loss of profit, non-attributable data loss or indirect damages. The Customer indemnifies the Provider against third-party claims arising from breach of these Terms.

8. Governing law and jurisdiction

Italian law. Exclusive jurisdiction of the courts of [CITY].