Terms and Conditions of Service

This agreement constitutes the Terms and Conditions of Service (hereinafter, the "Terms") between the user (hereinafter, the "Customer" or "User") and movingWords Srl (hereinafter, the "Provider"), with registered office at Via Carlo Rosselli, 26 - 89124 Reggio Calabria, Tax Code / VAT Number IT02961320807, relating to the use of the AnyLetters cloud email marketing platform accessible via https://app.anyletters.it (hereinafter, the "Service").

Acceptance of these Terms occurs through registration on the platform, use of the services offered, payment for a plan, or purchase of credits. The contract between the Customer and the Provider consists of these Terms and Conditions, the Privacy Policy, and the Data Processing Agreement (DPA).

The Provider assumes the risk of service completion, committing to organize, execute, and oversee its delivery with complete autonomy, using its own organization and resources, and to guarantee the best technical and quality standards, in compliance with the following clauses. The Provider commits to performing the Service professionally, with the required diligence and expertise.

AnyLetters is a professional cloud email marketing platform that allows the Customer to manage unlimited contact lists, create and send professional email campaigns, use the drag & drop editor to create responsive templates, configure behavioral automations and workflows, segment contacts with advanced filters and tags, create custom subscription forms and popups, integrate the service via REST API and webhooks, monitor performance with real-time analytics, verify email address validity, and automatically manage bounces and feedback loops.

The Service has the duration indicated in the plan chosen by the Customer and will automatically renew for an equivalent period, unless written notice is given at least 30 (thirty) days before expiration. The Free Plan has no expiration and can be used indefinitely within the provided limits.

Under the Consumer Code, the "Consumer" Customer has the right to withdraw within 14 days of subscription without penalties. If the Customer requests the start of Service execution before the withdrawal period expires, they accept losing this right once the service has been fully performed.

For subscription services, the Customer can withdraw at any time from the control panel; the service remains active until the end of the already paid period and no refunds are provided for the remaining period. Purchased credits remain available without expiration.

The Provider has the right to terminate this Contract by written notice in the following cases: a) Non-payment of fees within agreed terms; b) Violation of these Terms or Acceptable Use Policies; c) Improper use of the service, fraudulent activities, sending spam or illegal content; d) Repeated exceeding of plan limits without purchasing additional credits.

The Customer commits to paying the amounts indicated in the chosen plan, according to the specified methods. Payment can be made via credit/debit card (Visa, Mastercard, American Express), PayPal, or bank transfer (Enterprise plans only).

AnyLetters offers various subscription plans (Free, Professional, Business, Enterprise) and the option to purchase additional on-demand credits (Sending Credits and Verification Credits). Specific features, usage limits, and prices for each plan are detailed on the Pricing page.

Monthly plans automatically renew using the payment method selected by the Customer. Purchased credits do not expire and do not automatically renew.

Any price changes will be communicated to the Customer with at least 30 days' notice and will only apply to subsequent renewals. In case of non-payment, the Provider reserves the right to suspend Service delivery after notifying the Customer.

During or after service delivery, any modifications, customizations, and/or interventions of any kind not included in the chosen subscription plan, whether technical, organizational, graphic, or consultative (such as, but not limited to, advanced email template customizations, custom integration development, strategic email campaign consulting, advanced configuration of complex automations, dedicated technical assistance beyond plan limits, personalized team training, data migration from other platforms, setup and configuration of custom domains), will be quoted separately based on the Provider's current prices at the time of request.

The Customer will be informed in advance of costs related to additional services and must provide written approval before execution.

The Customer retains full ownership of all content uploaded to the platform, including contact lists and associated data, email templates and campaign content, images and multimedia files, configuration data. The Customer grants the Provider a limited, non-exclusive, and revocable license to store and process content necessary for service delivery.

The Customer is solely responsible for uploaded content and sent emails. The Provider does not perform preventive content checks and cannot be held responsible for illegal or defamatory content, violations of third-party rights, or damages resulting from email sending.

The Provider performs daily backups with 30-day retention. However, the Customer is responsible for maintaining their own copies of important data. Upon service termination, the Provider retains data for 30 days to allow export and permanently deletes all data after 30 days.

It is prohibited to use AnyLetters to send spam or unsolicited emails, illegal, defamatory, obscene or offensive content, malware, viruses or malicious code, content violating intellectual property rights, phishing or fraud attempts, content promoting violence, hatred or discrimination.

It is also prohibited to purchase or use unverified contact lists, send emails without explicit recipient consent, falsify headers or sender information, use the service for illegal activities, attempt to breach platform security, use scraping or email harvesting techniques.

The Customer commits to obtaining explicit consent from recipients before sending, providing a functional unsubscribe mechanism in every email, respecting data subject rights (access, rectification, deletion), maintaining consent records, and sending only to contacts who have given explicit consent, in compliance with GDPR.

In case of Acceptable Use Policy violation, the Provider reserves the right to immediately suspend the account, terminate the contract without notice, retain payments made, and take legal action.

Each subscription plan has specific limits on the number of emails that can be sent monthly and technical limits that may include storage, file upload, API rate limiting, automations, lists, segments, domains, and users. Specific limits for each plan are available on the Pricing page.

Exceeding monthly limits requires purchasing additional sending credits or upgrading to a higher plan.

The Provider commits to ensuring a deliverability rate above 98%, but cannot guarantee that all emails will reach recipients' inboxes, as it depends on sender domain reputation, DNS configuration (SPF, DKIM, DMARC), contact list quality, email content, and email provider spam filters.

The Provider retains all intellectual property rights to the AnyLetters platform and its source code, the "AnyLetters" trademark and logo, templates and content provided by the Provider, documentation and support materials. The Customer does not acquire any rights to Customer content transmitted through the Service, including intellectual property rights. Intellectual property of Customer content remains exclusively with the Customer.

The Customer obtains a non-exclusive, non-transferable, and revocable license, valid only for using the Services as provided in the contract. It is prohibited to copy, modify, distribute, sell, or reverse engineer the software licensed by the Provider for Service delivery.

The Provider reserves the right to include the Customer's Brand and/or Company Name in its presentations, marketing materials, client lists, and financial reports, unless explicitly requested otherwise.

The Customer expressly authorizes the Provider to use third-party subcontractors for Service execution. In any case, the Provider will remain solely and exclusively responsible to the Customer for proper fulfillment of all Contract activities, including those subcontracted.

The Customer may not assign, in whole or in part, the Contract or obligations arising from it to third parties, except with prior written consent from the Provider. The Provider may assign these Terms in case of merger, acquisition, or asset sale.

The Parties commit to maintaining strictly confidential all information, data, and documents exchanged during negotiation, conclusion, and execution of this contract, except as required by law. These confidentiality obligations also extend to employees, collaborators, and subcontractors of the Parties.

Confidential information includes, but is not limited to, technical data and configurations, commercial and business information, contact lists and customer data, marketing and communication strategies, financial information, access credentials and passwords.

Confidentiality obligations remain in effect even after contract termination for a period of 5 years.

AnyLetters offers integrations with third-party services via REST API, webhooks, native connectors (WooCommerce, Shopify, etc.), and automation platforms (Zapier, Make). The Customer can also configure external SMTP providers (Amazon SES, SendGrid, Mailgun, etc.).

The Provider is not responsible for third-party service malfunctions, changes to third-party APIs, data loss caused by external services, additional costs of third-party services, SMTP provider costs, provider-imposed limits, or deliverability issues related to the provider.

AnyLetters offers different support levels based on the chosen subscription plan, which may include email support with varying response times, priority support for higher plans, phone assistance for advanced plans, dedicated account manager for Enterprise plans, and access to documentation, guides, and online resources.

The Provider commits to providing support during business hours (Monday-Friday, 9:00-18:00 CET), unless otherwise specified for plans with extended or dedicated support. Support channels include email ([email protected]), support panel in the platform, and phone (Business and Enterprise only).

The Provider commits to ensuring 99.9% uptime on a monthly basis, excluding scheduled maintenance, force majeure, Customer connectivity issues, and DDoS attacks or security events.

The Provider reserves the right to perform scheduled maintenance, communicating it at least 48 hours in advance. Urgent maintenance may be performed without notice.

The Customer retains ownership and responsibility for provided materials (texts, logos, images, documents, contact lists, email content, etc.), relieving the Provider of any verification or responsibility for their use and content.

Use of services is at the Customer's risk; the Provider's liability is limited to the value of the service purchased by the Customer, does not guarantee any earnings from using its services, and is not liable for damages caused by Customer modifications, indirect damages, data loss, interruptions, image damage, lost profits, technical malfunctions, cyber attacks, force majeure, or incompatibility with obsolete systems.

The Provider reserves the right to make technical, organizational, or contractual modifications via PEC or email; such changes, motivated by operational needs or technological evolution, do not involve substantial alterations to agreed services, except for regulatory updates or different written agreements.

Modifications to these Terms will be communicated via email with at least 30 days' notice and published on the website. Continued use of the service after the effective date of modifications constitutes acceptance of the new Terms. In case of disagreement, the Customer may withdraw from the service.

Any dispute relating to and/or connected with this Contract, including those concerning validity, interpretation, execution, or termination thereof, shall be submitted to the exclusive jurisdiction of the Court of the Customer's place of residence or domicile, if they are a consumer. In all other cases, the Court of Reggio Calabria shall have jurisdiction.

These Terms are governed by Italian law. Before taking legal action, the parties commit to attempting amicable dispute resolution through direct negotiation.

The Provider processes the Customer's personal data in compliance with European and national privacy regulations, with particular reference to Regulation (EU) 2016/679 (GDPR). The purposes and methods of personal data processing are detailed in the privacy policy available on the Provider's website, which the Customer declares to have read and understood upon accepting this Contract.

With reference to personal data processed during Service delivery, the Customer declares to appoint the Provider as Data Processor, pursuant to Article 28 of GDPR. The content of said appointment is defined by the parties in the DPA attachment, which is an integral and substantial part of this Contract.

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce a provision does not constitute a waiver of the right to enforce it subsequently.

These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between the parties and supersede any previous agreement.