Terms of Use — Everinbox

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you (or the entity you represent, "Customer") and Everinbox Serviços de Email Ltda. ("Everinbox," "we," "us," or "our") governing your access to and use of the Everinbox platform and all related services, APIs, and documentation (collectively, the "Services").

By creating an account, accessing, or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a legal entity, you represent that you have authority to bind that entity. These Terms are effective as of the date you first access or use the Services.

If you do not agree to these Terms, you may not use the Services.

2. Service Description

Everinbox provides a cloud-based email sending platform designed for transactional and marketing email delivery. The Services include:

SMTP relay and API-based email sending infrastructure
Deliverability tools including dedicated IP pools, reputation monitoring, and domain authentication management (SPF, DKIM, DMARC)
List management, segmentation, and suppression features
Campaign analytics including delivery, open, click, bounce, and complaint tracking
Webhook and integration capabilities for connecting to third-party systems
Customer support and technical documentation

We may update, modify, or discontinue features of the Services at any time. We will provide reasonable notice for material changes that adversely affect your use of the Services.

3. Account Obligations

As a registered user of the Services, you agree to:

Accurate information: Provide accurate, current, and complete information during registration and keep your account information updated. Providing false information may result in immediate account termination.
Password security: Maintain the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. Notify us immediately at security@everinbox.com.br if you suspect unauthorized access.
One account per entity: Maintain only one active account per legal entity unless explicitly permitted by Everinbox in writing. Creating multiple accounts to circumvent usage limits or suspensions is prohibited.
Authorized use: Use the Services only for lawful purposes and in accordance with these Terms and all applicable policies.

4. Acceptable Use

Your use of the Services is subject to our Acceptable Use Policy and Anti-Spam Policy, which are incorporated into these Terms by reference.

The following activities are strictly prohibited, regardless of recipient consent or business justification:

Spam: Sending unsolicited bulk email, including to purchased, rented, scraped, or harvested address lists.
Phishing: Sending messages that impersonate another company, brand, or individual to obtain credentials, financial information, or personal data.
Malware distribution: Sending emails containing or linking to malicious software, viruses, or exploits.
Illegal content: Distributing content that violates applicable law, including content that infringes intellectual property rights, promotes illegal activities, or constitutes hate speech or harassment.
Platform abuse: Interfering with or disrupting the integrity or performance of the Services or attempting to gain unauthorized access to any system or network connected to the Services.

Violations of acceptable use standards may result in immediate account suspension or termination without refund.

5. Service Credits and SLA

Everinbox commits to a monthly uptime target of 99.5% for its core email sending API and SMTP relay services, measured on a rolling 30-day basis and excluding scheduled maintenance windows communicated at least 48 hours in advance.

If uptime falls below 99.5% in a given calendar month, you may request a service credit as follows:

99.0% to 99.5% uptime: credit equal to 5% of monthly subscription fees
95.0% to 99.0% uptime: credit equal to 10% of monthly subscription fees
Below 95.0% uptime: credit equal to 25% of monthly subscription fees

Service credits must be requested within 30 days of the incident by contacting support@everinbox.com.br. Credits are applied to future invoices and do not constitute a cash refund. Credits are your sole remedy for service availability failures.

6. Intellectual Property

Everinbox retains all intellectual property rights in the platform, software, documentation, trademarks, and all technology underlying the Services. Nothing in these Terms grants you ownership of or a license to any Everinbox intellectual property except the limited right to use the Services as described herein.

You retain full ownership of your content, including your email templates, campaign copy, and recipient list data. By using the Services, you grant Everinbox a limited, non-exclusive license to process, transmit, and store your content solely as necessary to provide the Services.

You represent that you have all rights necessary to submit your content and recipient data to the platform, and that doing so does not infringe the rights of any third party.

7. Payment Terms

Your use of the paid Services is subject to the following payment terms:

Subscription fees: Fees are charged in advance on a monthly or annual basis per the plan selected at signup. Fees are listed in Brazilian Reais (BRL) unless otherwise specified.
Auto-renewal: Subscriptions renew automatically at the end of each billing period unless cancelled. By providing payment information, you authorize us to charge the applicable fees to your payment method on each renewal date.
Cancellation: You may cancel your subscription at any time. To avoid charges for the next billing period, cancellation must be completed at least 30 days before the renewal date. No refunds are provided for the remaining portion of a paid period unless required by applicable law.
Price changes: We reserve the right to change subscription pricing with at least 30 days prior notice. Continued use after the effective date of a price change constitutes acceptance of the new pricing.
Overages: Usage exceeding plan limits will be billed at the applicable overage rates published in your account dashboard.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

Exclusion of consequential damages: Neither Everinbox nor its officers, directors, employees, or agents will be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, business interruption, or the cost of substitute services, even if advised of the possibility of such damages.
Liability cap: Everinbox's total aggregate liability to you arising out of or related to these Terms or the Services will not exceed the total fees paid by you to Everinbox in the three calendar months immediately preceding the event giving rise to the claim.
Basis of the bargain: The limitations in this section are a fundamental element of the basis of the agreement between you and Everinbox, and the Services would not be provided on the terms set forth here without them.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any liability that cannot be excluded under applicable Brazilian law.

9. Termination

Either party may terminate the Services with 30 days written notice. You may provide notice by cancelling your subscription through your account settings or by emailing support@everinbox.com.br. We will provide notice to your registered email address.

Everinbox may terminate or suspend your account immediately and without notice if:

You violate the Acceptable Use Policy, Anti-Spam Policy, or any other incorporated policy
You fail to pay fees due after a 10-day cure period following written notice
Continuing to provide the Services would expose Everinbox to legal liability or harm third parties
You are the subject of insolvency proceedings

Upon termination, your right to use the Services immediately ceases. We will retain your data for 30 days following termination, during which you may request an export. After that period, data is deleted in accordance with our Privacy Policy.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the courts of the city of Sao Paulo, State of Sao Paulo, Brazil.

11. Updates to These Terms

We may update these Terms from time to time to reflect changes in our Services, business practices, or applicable law. For material changes, we will provide at least 30 days notice before the changes take effect, either by email to your registered address or by a prominent notice within the platform.

Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services and cancel your account before the effective date.