Terms & Conditions

These Terms & Conditions (the “Terms”) govern your access to and use of the Buzzmark transactional email platform, websites, APIs, dashboards and related services (together, the “Service”), provided by Hola Money Sociedad Limitada (“Hola Money S.L.”, “Buzzmark”, “we”, “us” or “our”). By creating an account, accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

1. Who we are

The Service is operated by Hola Money Sociedad Limitada, a company incorporated in Spain (NIF B26671347; Registro Mercantil de Almería, Hoja AL-66006), with its registered office at C/ Granada 7, 04820 Vélez-Rubio, Almería, Spain. You can reach us at support@buzzmarkapp.com.

2. Definitions

• “Account” - the account you register to use the Service.
• “Customer Data” - the messages, recipient details, content, metadata and any personal data you submit to, or generate through, the Service.
• “Hive” - a Buzzmark sending stream with its own API token, settings and logs.
• “Recipient” - a person to whom you send email through the Service.
• “Documentation” - our published guides and API reference.

3. The Service

Buzzmark is a transactional email platform offering a sending API and SMTP relay, open and click tracking, inbound message parsing, webhooks, suppression management and deliverability tooling. We may add, change or remove features over time. The Service is intended for transactional and permission-based email and is not designed for unsolicited bulk marketing.

4. Eligibility & accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your registration details, for all activity under your Account, and for keeping your credentials and API tokens secure. A Hive’s API token doubles as its SMTP password - treat it as a secret. Notify us promptly at support@buzzmarkapp.com of any suspected unauthorised use.

5. Acceptable use & anti-spam

You agree that you will not, and will not permit anyone to, use the Service to:

• send email to a Recipient without a lawful basis and, where required, their consent, in line with the GDPR, the ePrivacy rules and any other applicable anti-spam law in the Recipient’s jurisdiction;
• send unsolicited bulk email (spam), or email that omits a functioning unsubscribe mechanism where one is required;
• distribute malware, phishing, fraudulent, deceptive, harassing, hateful or unlawful content;
• send to addresses harvested without consent, to purchased or rented lists, or to addresses on your Hive’s suppression list;
• misrepresent the sender, forge headers, or send from a domain you do not control or have not verified;
• infringe intellectual-property or privacy rights, or breach any applicable law;
• circumvent rate limits, probe or attack the Service, or interfere with its operation or other customers.

We operate suppression lists and may automatically suppress addresses that hard-bounce or register spam complaints. Excessive bounce or complaint rates may result in throttling or suspension to protect deliverability for all customers.

6. Your content & sending obligations

As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive licence to host, transmit, process and display Customer Data solely as needed to provide and support the Service. You are solely responsible for your Customer Data and for ensuring you have all rights and permissions necessary to send it. Where we process personal data on your behalf, we do so as your processor under our Data Processing Agreement, and you act as the controller.

7. Fees, billing & taxes

Paid plans are billed in advance on the cadence shown at sign-up. Volume above your plan’s monthly allowance may incur overage charges billed per thousand messages. Fees are exclusive of VAT and other applicable taxes, which we will add where required. Except where required by law, fees are non-refundable. We may change pricing on reasonable prior notice; changes take effect at your next renewal.

8. Free tier

We may offer a free tier subject to monthly limits. The free tier is provided “as is”, without any service-level commitment, and we may modify or withdraw it at any time.

9. Suspension & termination

You may close your Account at any time. We may suspend or terminate your access immediately if you breach these Terms (including the acceptable-use rules), fail to pay, or where required to protect the Service, our other customers, or third parties. On termination, your right to use the Service ends. For a limited period after termination you may export your data; thereafter we will delete or anonymise it in accordance with our Privacy Policy and the DPA, except where retention is required by law.

10. Availability & support

We work hard to keep the Service available but do not guarantee uninterrupted operation except where an applicable service-level agreement says otherwise. We may perform maintenance and will use reasonable efforts to limit disruption. Support is provided through the channels stated for your plan.

11. Intellectual property

The Service, including its software, design, trademarks and Documentation, is owned by Hola Money S.L. and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, modify, reverse-engineer, resell or create derivative works from the Service except as permitted by law.

12. Data protection

Our handling of personal data is described in our Privacy Policy. Where we process personal data on your behalf as a processor, the Data Processing Agreement applies and forms part of these Terms. Data residency commitments are set out on our EU Data Residency page.

13. Third-party services & sub-processors

The Service relies on infrastructure and sub-processors (for example hosting, outbound mail transfer and content delivery). A current list is maintained in the DPA. We remain responsible for our sub-processors’ performance of the obligations we have delegated to them.

14. Disclaimers

Except as expressly stated and to the fullest extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that any email will be delivered to, or accepted by, a Recipient’s mail server, which is outside our control. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including statutory rights of consumers.

15. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to the Service in any twelve-month period will not exceed the fees you paid to us for the Service in that period. These limits do not apply to liability that cannot be limited by law (such as for death or personal injury caused by negligence, fraud, or wilful misconduct).

16. Indemnification

You will defend and indemnify Hola Money S.L. against third-party claims, damages and costs arising from your Customer Data, your use of the Service in breach of these Terms, or your violation of law or third-party rights.

17. Changes to the Service or these Terms

We may update these Terms from time to time. If we make material changes, we will give reasonable notice (for example by email or in-product). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Governing law & jurisdiction

These Terms are governed by the laws of Spain, without regard to conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of Almería, Spain, without prejudice to any mandatory consumer-protection rights you may have in your country of residence.

19. General

• Entire agreement. These Terms, the Privacy Policy and the DPA are the entire agreement between us regarding the Service.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or successor.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may send notices to your Account email; legal notices to us should go to legal@buzzmarkapp.com.

20. Contact

Hola Money Sociedad Limitada, C/ Granada 7, 04820 Vélez-Rubio, Almería, Spain. General: support@buzzmarkapp.com · Legal: legal@buzzmarkapp.com.