Terms & Conditions

Please read these Terms and Conditions ("Terms") carefully before using the Theevy email marketing and delivery platform ("Service") operated by Theevy ("we", "us", or "our"). By creating an account or using any part of the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (an individual or the entity you represent) and Theevy. By accessing or using the Service, you confirm that:

• You are at least 18 years of age or the age of majority in your jurisdiction.
• You have the authority to bind yourself or the organisation you represent.
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Use of the Service

Subject to these Terms, Theevy grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes. You may use the Service to create, manage, and send email marketing campaigns to contacts who have given their consent to receive communications from you.

You are responsible for all activity that occurs under your account, including the actions of any users you invite or authorise. You must keep your login credentials secure and notify us immediately if you suspect unauthorised access at security@theevy.com.

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will endeavour to give advance notice of material changes where practicable.

3. Prohibited Uses

You agree not to use the Service for any of the following:

• Sending unsolicited commercial email (spam) or messages to recipients who have not given prior consent.
• Violating any applicable law or regulation, including CAN-SPAM, CASL, GDPR, or other anti-spam and data protection laws.
• Transmitting content that is unlawful, defamatory, obscene, harassing, threatening, hateful, or otherwise objectionable.
• Distributing malware, phishing content, or any material designed to deceive recipients or compromise their security.
• Attempting to gain unauthorised access to the Service, our systems, or other users' accounts.
• Reverse engineering, decompiling, or disassembling any part of the Service.
• Reselling, sublicensing, or otherwise commercially exploiting access to the Service without our prior written consent.
• Using the Service in a way that degrades performance or availability for other users (e.g., excessive API calls beyond documented limits).

We may suspend or terminate accounts that engage in prohibited uses without prior notice and without liability.

4. Intellectual Property

The Service, including its design, software, features, content, and trademarks, is owned by Theevy and protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership rights to you.

You retain full ownership of all content you upload, create, or transmit through the Service ("Your Content"). By using the Service, you grant Theevy a limited, worldwide, royalty-free licence to host, store, process, and transmit Your Content solely as necessary to provide the Service to you. We will not use Your Content for any other purpose without your explicit consent.

You represent and warrant that you own or have the necessary licences and permissions to use Your Content, and that Your Content does not infringe the intellectual property or other rights of any third party.

5. Limitation of Liability

To the maximum extent permitted by applicable law, Theevy and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of the Service — including but not limited to loss of revenue, loss of data, loss of goodwill, or business interruption — even if we have been advised of the possibility of such damages.

Our aggregate liability to you for any claim arising from or related to the Service shall not exceed the total fees paid by you to Theevy in the twelve (12) months preceding the event giving rise to the claim, or one hundred US dollars (USD $100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by law.

6. Termination

You may cancel your account at any time through your account settings or by contacting our support team. Upon cancellation, your access to the Service will cease at the end of your current billing period.

We may suspend or terminate your access to the Service immediately, without prior notice or liability, if we reasonably believe you have breached these Terms, engaged in fraudulent activity, or if required to do so by law. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall remain in effect.

7. Changes to Terms

We reserve the right to update or modify these Terms at any time. When we make material changes, we will notify you by updating the "Last updated" date at the top of this page and, where feasible, by sending you an email notification or displaying a notice within the platform.

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree with the revised Terms, you must stop using the Service and cancel your account.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in England and Wales to resolve any dispute arising out of or related to these Terms or the Service.

Notwithstanding the above, Theevy reserves the right to seek injunctive or other equitable relief in any jurisdiction to prevent or halt infringement of its intellectual property rights.

9. Contact Us

If you have any questions about these Terms, please contact us:

• Email: legal@theevy.com
• Website: emails.theevy.com

We will make every effort to address your enquiry promptly and to resolve any concerns in good faith.