THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY YOU REPRESENT ("You" or "Your") AND mailit.click, The Platform in Mexico ("mailit.click" or "Our" or "We" or "Us") THAT GOVERNS YOUR USE OF mailit.click CLOUD SOFTWARE SERVICES.

This Agreement consists of the following terms and conditions ("Terms"). Note: We periodically update these terms. If you have an active mailit.click subscription, we will notify you of updates via email or in-app notification.

1. Definitions

The following words and phrases have defined meanings:

• Affiliate: An entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
• User Data: Information related to an individual using mailit.click Services.
• Confidential Information: Any information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or should reasonably be understood as confidential given the nature of the information and the circumstances of its disclosure.
• Customer Data: Any data provided by the Customer that mailit.click processes on behalf of the Customer as a Data Processor in the course of providing the Services.

2. Acceptance of Terms

You must be of legal age to enter into a binding agreement to accept the Terms. If you do not agree with the Terms, do not use any of our Services.

3. Services

3.1 Free Trial: We offer new customers a license to try our product for free ("Trial") for a limited period. You have no obligation to purchase a subscription to use any paid Service as a result of your trial subscription.

3.2 Beta Services: We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for testing and evaluation purposes. You agree that we have sole discretion to determine the testing and evaluation period for the Beta Services.

4. Restrictions on Use

You must not: Transfer or make the Services available to third parties. Provide any service based on the Services without prior written permission. Use third-party links to sites without accepting their terms and conditions.

5. User Obligations

5.1 Prerequisites: You are responsible for obtaining internet access and the necessary equipment to use the Services.

5.2 Registration Obligations: You agree to provide true, accurate, current, and complete information about yourself as required by the registration process.

6. mailit.click Obligations

6.1 Security: mailit.click will maintain administrative and technical security measures to protect the security, confidentiality, and integrity of your data.

7. Fees, Payments, Cancellations, and Refunds

7.1 Automatic Renewal and Fee Review: If you activate the paid subscription after your free trial period ends, subscriptions will automatically renew at the end of each subscription period.

7.2 Non-Refundable Fees: All fees specified in the Order Forms are non-refundable.

8. Subscription Term, Termination, and Suspension

8.1 Term and Renewal: The initial subscription term will be specified in your order, and your subscription will automatically renew for the subscription term or one year, whichever is shorter.

9. Ownership of Data

We respect your right to ownership of the content and data created or stored by you. You own the content created or stored by you.

10. Communications from mailit.click

The Service may include certain communications from mailit.click, such as service announcements, administrative messages, and newsletters.

11. Confidentiality

Your Confidential Information includes your data; Our Confidential Information includes our Services; and each party's Confidential Information includes the terms and conditions of this Agreement and all Order Forms (including pricing).

12. Customer Data Deletion and Storage Policy

Regarding Customer Data, the DPA incorporated here by reference will apply, and the parties agree to comply with the terms defined in the DPA.

13. Referral Programs

mailit.click may, at its discretion, make available participation in referral programs that reward participants for referring customers to mailit.click.

14. Modification of Terms of Service

We may modify the Terms upon notice to you at any time. You will be notified of such modification by email or by posting the changes to the Terms of Service on the website.

15. Trademarks

mailit.click, the mailit.click logo, mailit.click CRM Cloud, and the mailit.click CRM Cloud logo are trademarks of mailit.click Systems (Mexico) Private Limited. You agree not to display or use, in any manner, the trademarks of mailit.click without the prior consent of mailit.click.

16. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

17. Limitation of Liability

IN NO EVENT SHALL mailit.click'S TOTAL LIABILITY TO YOU AND YOUR AFFILIATES WITH RESPECT TO ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID FOR SUCH SERVICE IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT GIVING RISE TO LIABILITY.

18. Indemnification

You agree to indemnify and hold harmless mailit.click, its officers, directors, employees, suppliers, and affiliates, from and against all losses, damages, penalties, and expenses (including attorneys' fees and costs) arising out of or related to any claim that you used the Services in violation of another party's rights, in violation of any law, in violation of any provision of the Terms, or any other claim related to your use of the Services.

19. Governing Law, Jurisdiction, Arbitration, and Notices

19.1 Governing Law and Jurisdiction: This Agreement will be governed, interpreted, and enforced in accordance with the laws of the State of Mexico.

20. End of Terms of Service

Please contact us for any inquiries related to this agreement. Contact us at soporte@esforzados.com.