Legal

END USER LICENCE AGREEMENT (EULA)

Grezzio · Version 1.1

IMPORTANT: Please read this agreement carefully before installing and using the software. By installing or using Grezzio you accept the terms of this agreement. If you do not accept them, please cancel the installation and do not use the software.

1. PARTIES

Licensor:
Logosphere
Vreeswijkstraat 693
2546 AS 's-Gravenhage
The Netherlands
Chamber of Commerce (KVK): 42130887
E-mail: info@logosphere.nl
Phone: +31 6 17807340

Licensee: the natural or legal person who has acquired a licence for Grezzio (the "User").

2. SUBJECT OF THE AGREEMENT

Grezzio (the "Software") is a computer program that runs locally on the User's computer, intended for running business-to-business (B2B) e-mail campaigns, including a feature that provides information about market rules applicable to e-mail marketing.

3. GRANT OF LICENCE

3.1. The Licensor grants the User a non-exclusive, non-transferable, perpetual licence to use the Software.

3.2. The licence covers installation and use of the Software by the User on computers under the User's control, within the User's own business.

3.3. The licence is granted to one natural person or one business entity. It does not include the right to make the Software available to third parties, nor to provide services consisting of operating campaigns for third parties by means of the Software, without the Licensor's separate consent.

3.4. The Software remains the property of the Licensor. This agreement does not transfer any copyright to the User.

4. RESTRICTIONS

The User may not:

• a) resell, rent, lease or otherwise make the Software available to third parties;
• b) decompile, disassemble or otherwise reverse engineer the Software, except to the extent expressly permitted by mandatory law;
• c) remove or alter any authorship notices or licence information;
• d) use the Software for unlawful purposes, in particular for sending unsolicited messages where the law prohibits this.

5. RESPONSIBILITY FOR LEGAL COMPLIANCE - KEY PROVISION

5.1. The Software includes a feature providing information about rules applicable to e-mail marketing in individual countries. This information is PROVIDED FOR GUIDANCE ONLY.

5.2. This information DOES NOT CONSTITUTE legal advice, a legal opinion, or a confirmation that the User's activities comply with the law.

5.3. The rules contained in the Software are based on the source document identified in the Software's interface, together with the date on which it was prepared. Laws change and their application depends on the circumstances of each case. The Licensor does not warrant that this information is current, complete or correct.

5.4. SOLE RESPONSIBILITY for the lawfulness of campaigns carried out using the Software, including compliance with data protection law (GDPR), electronic communications law and national legislation, RESTS WITH THE USER.

5.5. The User is responsible for the lawfulness of the source of the address data entered into the Software, and for fulfilling information obligations towards the data subjects.

5.6. Before running a campaign on a new market, the User is advised to confirm the legal position with a lawyer.

6. PERSONAL DATA AND PROCESSING

6.1. The Software runs LOCALLY on the User's computer. Recipient data, message content, mailbox passwords and API keys are stored solely on the User's computer.

6.2. The Licensor HAS NO ACCESS to the data processed by the User in the Software and does not process that data in any form. For the purposes of the GDPR the Licensor is a software supplier and NOT a processor of the User's data.

6.3. Accordingly, a data processing agreement between the parties is not required.

6.4. The User is the controller of the personal data entered into the Software and is responsible for fulfilling the related obligations.

7. THIRD-PARTY SERVICES

7.1. The Software uses an external artificial intelligence provider to generate message content. The User supplies their own API key and enters into a separate agreement with that provider.

7.2. The User bears the cost of using the AI provider's service and is bound by that provider's terms. The Licensor is not responsible for the operation, availability, pricing or output of the AI provider.

7.3. The Software sends messages via the mail server designated by the User. The Licensor is not responsible for message deliverability, spam classification, or the actions of the mail provider.

8. NO WARRANTY

8.1. The Software is provided "AS IS".

8.2. The Licensor does not warrant that the Software will operate uninterrupted or error-free, or that it will be fit for the User's particular purpose.

8.3. Nothing in this clause excludes or limits any consumer rights arising from mandatory provisions of law.

9. LIMITATION OF LIABILITY

9.1. The Licensor is not liable for indirect damage, loss of profit, loss of data, administrative fines, third-party claims or reputational damage arising in connection with use of the Software.

9.2. The Licensor's total liability is limited to the amount actually paid by the User for the licence.

9.3. These limitations do not apply in the case of intentional damage, gross negligence, or in any other case where limitation of liability is not permitted by law.

10. UPDATES AND SUPPORT

10.1. The licence covers the Software as it stands on the date of purchase. The Licensor may, but is not obliged to, provide updates.

10.2. The Licensor does not undertake to provide technical support unless separately agreed.

11. RIGHT OF WITHDRAWAL (CONSUMERS)

11.1. A consumer has the right to withdraw from a distance contract within 14 days.

11.2. For digital content delivered immediately upon purchase, the right of withdrawal EXPIRES once the download begins, provided the consumer has given prior consent and acknowledged the loss of that right. This consent is obtained during the purchase process.

12. TERMINATION

12.1. The licence terminates automatically upon a material breach of its terms by the User.

12.2. Upon termination the User must stop using the Software and remove it from their devices.

12.3. Data collected by the User within the Software remains the User's property and is not deleted by the Licensor.

13. FINAL PROVISIONS

13.1. This agreement is governed by the laws of the Netherlands.

13.2. Disputes shall be settled by the competent court in the Netherlands, subject to consumer protection rules which may designate a different jurisdiction.

13.3. If any provision of this agreement is held invalid, the remaining provisions remain in force.

13.4. In the event of any discrepancy between language versions of this agreement, the English version prevails. Where the User is a consumer, however, any ambiguity in this agreement, including one arising from a discrepancy between language versions, is interpreted in the consumer's favour.

Licence enquiries: info@logosphere.nl