TERMS AND CONDITIONS

Welcome to Emailwiz!

Emailwiz is owned and operated by Treecom Initiatives and Investments Ltd.

These are the terms and conditions for: 

• Emailwiz Shopify App

The following terms and conditions apply to your use of Shopify's Emailwiz app, which provides access to email and email marketing services. This includes the mobile and tablet versions, as well as any other version of Emailwiz accessible via desktop, mobile, tablet, social media or other devices.

By downloading, installing and using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refer to the Shopify application and the Emailwiz website as a whole, "we", "us", "our" and "Emailwiz" refer to Emailwiz, and "you" and "user" refer to you, the Emailwiz user.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING ANY OF OUR SERVICES.

1. ACCEPTANCE OF TERMS

By downloading, installing and using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our services and our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modifications to these terms and conditions when you use Emailwiz following the posting of such modification; therefore, it is important that you review this agreement regularly.

By downloading, installing and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS 

By providing your email address to Emailwiz, you agree that we may use your email address to send you notifications about Emailwiz. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.

3. USER REGISTRATION

By downloading, installing and integrating the Emailwiz app into your Shopify store, the user automatically registers and opens an account with Emailwiz. During this process, the user's data stored with Shopify, including but not limited to name, email address, store address and any other relevant information, will be provided to Emailwiz for the sole purpose of completing the registration and setting up the user's account on our platform.

User warrants that the information provided through Shopify is accurate, complete and up-to-date. Emailwiz will use this data solely to manage the User's account, provide email marketing services and comply with our contractual and legal obligations.

You are responsible for maintaining the confidentiality of your account and password, as well as for all activities that occur under your account. Emailwiz shall not be liable for any loss or damage resulting from your failure to comply with this security obligation. If you suspect that your account has been compromised, you should immediately notify Emailwiz so that we can take appropriate measures to protect your account.

Emailwiz reserves the right to suspend or terminate the account of any user who violates these terms and conditions, uses the services inappropriately or violates any applicable law or regulation. Termination of the account does not relieve the user of any outstanding obligations, including payment obligations.

By using the Emailwiz application, you agree to receive electronic communications from us related to your account and our services. These communications may include, but are not limited to, software updates, service announcements, account information and security notifications.

Emailwiz is committed to protecting the privacy and security of user data in accordance with our privacy policy and applicable data protection laws. User information will be used in an ethical and responsible manner, always respecting the user's rights and complying with the highest standards of information security.

4. SERVICES

Emailwiz provides email marketing services through integration with users' Shopify stores. By installing and using the Emailwiz app on your Shopify store, you authorize Emailwiz to access and use your store data, including product, customer and transaction data, for the purpose of providing personalized email marketing services.

Emailwiz enables the creation and sending of email marketing campaigns, order notifications, abandoned cart emails and other automated emails that help improve communication with your customers and increase sales. Users can manage and customize their campaigns directly from the Emailwiz platform, using the tools and templates provided.

It is the user's responsibility to ensure that all emails sent through Emailwiz comply with applicable marketing and privacy laws and regulations, including but not limited to obtaining the necessary consent from recipients. Emailwiz is not responsible for your failure to comply with these laws.

By using Emailwiz, you agree that the platform may collect and store data related to email campaigns and email campaign performance in order to improve our services and provide detailed analytics. We are committed to protecting the privacy and security of the data stored and to use it only for the purposes described.

Emailwiz reserves the right to modify, suspend or discontinue any aspect of the service at any time, with or without notice, and will not be liable for any disruption or loss of data that may result from such actions.

5. SUBSCRIPTION PLANS

Emailwiz users can use the application for free up to a limit of 100 emails per month. Beyond this limit, it will be necessary to subscribe to one of our paid plans. The price of the subscription plans will vary depending on the number of emails the user wishes to send for email marketing on their Shopify store.

Our subscription plans are designed to offer flexibility and scalability, allowing users to select the plan that best suits their marketing needs. Plans will be automatically billed and renewed each month, unless the user chooses to cancel the subscription before the end of the current billing period. Subscription fees will be automatically charged to the user's designated payment method in their Shopify account.

Users can change their plan at any time from their account settings on the Emailwiz platform. Plan changes will be applied starting with the next billing cycle. In the event that a user exceeds the email limit allowed by their plan, Emailwiz reserves the right to temporarily suspend sending additional emails until the plan is upgraded or the new billing period begins.

Users have the option to cancel subscription plans at any time, either through the Emailwiz billing section or by uninstalling the Shopify app. By canceling in this manner, automatic billing will not take place in the following month. However, users will continue to have access to Emailwiz services until the end of the current billing period.

Emailwiz undertakes to notify users of any changes in subscription plan prices reasonably in advance. Users are responsible for keeping their payment information up to date and for managing their subscriptions in accordance with their marketing needs.

In the event of non-payment or inability to process payment, Emailwiz reserves the right to suspend or terminate access to the application services until the billing issue is resolved. Suspension or cancellation of the service for payment reasons does not relieve the user of the obligation to pay any outstanding amounts.

6. BILLING AND PAYMENTS

By installing the Emailwiz app on your Shopify store, you authorize Shopify to handle the billing and collection of our subscription plans through your payment and billing systems and methods. Emailwiz subscription plans will be billed and charged directly by Shopify, using the payment method you have designated in your Shopify account.

The billing process will occur automatically on a recurring monthly basis on the start date of your subscription, unless you cancel your plan before the end of the current billing period. Shopify will issue an invoice corresponding to the selected subscription plan, and the charge will be reflected in your designated payment method.

In the event of a payment processing failure, Shopify will attempt to reprocess the charge. If the problem persists and the payment fails to complete, Emailwiz reserves the right to temporarily suspend access to the services until the billing issue is resolved. Suspension of service does not relieve the user of the obligation to pay outstanding amounts.

Users are responsible for keeping their payment information in their Shopify account up to date to avoid service interruptions. Any changes to payment information must be made directly through the Shopify platform.

If you decide to cancel your subscription plan, you can do so at any time through the billing section of Emailwiz or by uninstalling the Shopify app. When you cancel your subscription, you will not be automatically charged in the following month, but you will continue to have access to Emailwiz services until the end of the current billing period.

7. APPROPRIATE CONTENT

By using Emailwiz services, users agree to send only appropriate and legal content through their emails. Sending any content that is illegal, offensive, defamatory, libelous, obscene, threatening, harassing, abusive, harmful, invasive of another's privacy, or otherwise inappropriate is strictly prohibited. This includes, but is not limited to, content that promotes illegal activities, violence, discrimination, hatred or any form of exploitation or harm to minors.

The user is responsible for ensuring that all content submitted complies with applicable laws and regulations, including data protection, privacy and intellectual property laws. Users must obtain all necessary permissions and clearances for the use of any content protected by copyrights, trademarks or other intellectual property rights of third parties.

Emailwiz reserves the right to review, monitor and remove any content submitted through our services that we deem, in our sole discretion, to violate these terms or to be inappropriate for any reason. In addition, Emailwiz may suspend or terminate access to our services to any user who repeatedly violates our content policies or applicable laws.

User agrees to indemnify and hold Emailwiz and its affiliates harmless from any claims, losses, damages, liabilities and expenses (including attorneys' fees) arising out of or related to content User submits through our Services.

It is the user's responsibility to periodically review these terms of use to be aware of any updates. Emailwiz reserves the right to modify this clause at any time, and any changes will be effective immediately upon posting on our websites. By continuing to use our services, you agree to comply with the most recent versions of these terms and conditions.

8. LIMITATION OF LIABILITY

Emailwiz provides email marketing and bulk emailing services with the goal of helping users improve their communication with customers and increase their sales. However, to the fullest extent permitted by applicable law, Emailwiz, its affiliates, directors, employees, agents, suppliers and partners shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:

• The use or inability to use Emailwiz services.

• Unauthorized access to or alteration of your transmissions or data.

• Statements or conduct of third parties on the service.

• Any other matter related to Emailwiz services.

Emailwiz does not warrant that the services will be uninterrupted, secure or error-free. Nor does Emailwiz warrant the results that may be obtained from the use of the services or the accuracy or reliability of any information obtained through the services. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Emailwiz services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

Emailwiz shall not be responsible for the content submitted by users through the Emailwiz services. Marketing campaigns created by users for email marketing are the sole responsibility of the users. Users are solely responsible for ensuring that their content complies with all applicable laws and regulations, including, but not limited to, data protection laws and intellectual property laws.

In no event shall Emailwiz's total liability to you for all damages, losses and causes of action exceed the amount paid by you, if any, for accessing Emailwiz's services during the six (6) months immediately preceding the date on which the claim arose.

Further, Emailwiz shall not be liable for any delay or failure to perform its obligations under these terms if such delay or failure results from causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, power, energy, labor or materials.

You agree to indemnify and hold Emailwiz, its affiliates, directors, employees, agents, suppliers and partners harmless from any claim, demand, damage, loss or expense, including reasonable attorneys' fees, arising out of or in connection with your use of the Emailwiz services, your violation of these terms and conditions, your violation of any third party rights, including but not limited to any intellectual property rights, or any harm caused to any third party by content you submit, post or transmit through the Emailwiz services.

Emailwiz reserves the right to modify this limitation of liability clause at any time. Any changes will be effective immediately upon posting on our websites. By continuing to use our services, you agree to the revised terms and acknowledge that you have read and understand the current terms of this disclaimer.

9. LICENSE TO USE THE PLATFORM

Emailwiz grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Emailwiz platform, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.

The user agrees not to use the platform in a negligent, fraudulent or unlawful manner. It also undertakes not to carry out any conduct or action that could damage the image, interests or rights of Emailwiz or third parties. Emailwiz reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if Emailwiz considers that the user has violated any of these terms.

10. COPYRIGHT OF USER CONTENT

Emailwiz users retain all copyright and other intellectual property rights in the content they provide through our platform. By using our services, you grant Emailwiz a worldwide, non-exclusive, royalty-free, fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content solely for the purpose of operating, promoting and improving our services, and to send emails on your behalf.

This license includes Emailwiz's right to use the content in emails sent through our platform, as well as in materials related to the provision of our services, such as email templates and marketing tools. Emailwiz agrees not to use your content for any purpose other than in connection with the operation and improvement of our services.

You warrant that you own all necessary rights in the content you provide through Emailwiz, including, without limitation, copyrights and other intellectual property rights, and that you have the right to grant the license described herein without infringing the rights of third parties. It also undertakes to obtain all necessary consents and authorizations from individuals whose personal data may be included in such content.

Emailwiz does not claim ownership of user content, and nothing in these terms and conditions shall be construed as an assignment of its rights in such content. You are and shall remain the exclusive owner of all right, title and interest in and to your content.

In the event of any claim, dispute or demand arising in connection with the copyright or intellectual property rights in the content provided, you agree to indemnify and hold Emailwiz and its affiliates harmless from any liability, loss, damage and expense, including legal fees, resulting from any such claim, dispute or demand.

11. PLATFORM COPYRIGHT

All the content available on the platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Emailwiz or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Emailwiz are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Emailwiz prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Emailwiz or any part of the material for any purpose other than its intended purposes is strictly prohibited.

12. COPYRIGHT INFRINGEMENT 

Emailwiz will respond to all inquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in national and international copyright and intellectual property laws and regulations. Emailwiz respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the platform infringes your copyright or other intellectual property rights, please submit your request using our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement specifically identifying the location of the infringing material. 

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

13. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

• Deep-link to any portion of the services for any purpose without our express written permission.

• "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written authorization.

• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by Emailwiz.

• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content. 

14. DISCLAIMER OF WARRANTIES 

Due to the nature of the Internet, Emailwiz provides and maintains the platform on an “AS IS”, “AS AVAILABLE” basis and does not promise that use of the platform will be uninterrupted or error-free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Emailwiz for any loss or damage caused as a result.

Emailwiz shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

Subject as aforesaid, to the maximum extent permitted by law, Emailwiz excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Emailwiz and Emailwiz shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.

• The infringement by any person of any Intellectual property rights of any third party caused by their use of the platform.

• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Emailwiz.

• All representations, warranties, conditions and other terms which but for this notice would have effect.

15. ELECTRONIC COMMUNICATIONS

Emailwiz will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

16. INDEMNIFICATION

You agree to defend and indemnify Emailwiz from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.

• Your violation of any law or the rights of a third party.

• Your use of the Emailwiz platform.

17. CHANGES 

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. 

18. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Emailwiz, shall constitute the entire agreement between you and Emailwiz concerning and governs your use of the platform.

19. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

20. FORCE MAJEURE

Emailwiz shall not be liable for any failure due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. 

21. TERMINATION

Both the user and Emailwiz acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Emailwiz reserves the right to unilaterally terminate the user's access to and use of the platform. Emailwiz may take this action without prior notice, and the user will automatically lose all rights to access and use the platform. Furthermore, Emailwiz shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by Emailwiz: If Emailwiz fails to comply with its obligations under the agreed terms and conditions, the user shall be entitled to terminate the agreement and stop using the platform. The user shall notify Emailwiz in writing of the breach and allow a reasonable time for Emailwiz to remedy the situation. If Emailwiz does not remedy the breach within the set period, the user may proceed with the termination of the agreement. 

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.  

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

22. DISPUTES

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these Terms, whether for breach, termination, performance, interpretation or validity, as well as any aspect of the use of the platform and services, shall preferably be resolved by binding arbitration between you and Emailwiz. However, both parties retain the right to bring individual claims in a court of competent jurisdiction if they deem it necessary.

In the event of any dispute arising in connection with your use of the platform and services or your breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognised and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, you agree, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with your use of the platform and services. This commitment seeks to promote a more agile and personalised resolution of any conflict, favouring arbitration and individual legal actions over collective proceedings.

23. GOVERNING LAW AND JURISDICTION

Although the platform and services will be available internationally, these terms and conditions shall be governed by and construed in accordance with the laws of Israel. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the courts of Israel. This applies unless binding arbitration is agreed to under the applicable section.

24. FINAL PROVISIONS

The use of our platform and the services offered by Emailwiz is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or enforced.

Our commitment to the enforcement of these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including, but not limited to, those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.

In the event that any provision of these terms is held invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while maintaining the protection of and respect for our intellectual property rights and prerogatives at all times.

25. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Treecom Initiatives and Investments Ltd - Emailwiz.

Email: team@emailwiz.ai