Terms of Use for Davkasoftware Ltd Mass Email Service

1. What We Offer You with the Service

Davkasoftware Ltd provides a Software as a Service (SaaS) platform for sending bulk emails, including marketing campaigns, transactional emails, and automated email workflows. The Service is fully hosted and managed by Davkasoftware Ltd, and all emails are delivered exclusively through Mailgun, our designated third-party email service provider.

We ensure the Service operates in compliance with industry standards and applicable legal requirements, including the UK General Data Protection Regulation (UK GDPR).

2. Use of the Service

2.1. Davka Software Ltd owns or licenses all rights to the Service, including copyrights under UK law. As the system is hosted on our servers, you will not have access to the source code of the Service.

2.2. You may not:

• Modify, copy, sublicense, lease, sell, reverse engineer, or exploit the Service in any way.
• Introduce viruses, malware, or destructive items to harm the Service.
• Use the Service to harass, defame, or harm others, or promote illegal activities.
• Send emails that violate laws, infringe privacy, or contain prohibited content (see Section 2.3).
• Attempt unauthorized access to restricted parts of the Service.
• Overload our infrastructure or interfere with its operation.

2.3. Prohibited Email Content: We do not allow emails related to:

• Illegal goods or services.
• Violations of the UK Privacy and Electronic Communications Regulations (PECR) or CAN-SPAM Act.
• Pornography or sexually explicit content.
• Gambling, payday loans, multi-level marketing, or affiliate marketing.
• Other content we deem, at our discretion, harmful to our reputation or deliverability.

2.4. You must:

• Provide accurate and up-to-date account information.
• Obtain explicit consent from recipients for marketing emails, per PECR requirements.
• Include a functional unsubscribe option in every email, honoring requests within 5 business days.
• Maintain a spam complaint rate below 0.1% and a bounce rate below 10%. Exceeding these may result in account review or suspension.

2.5. We may send you service-related emails. Feedback you provide may be used to improve the Service without obligation to you.

3. Compliance with Laws

You are responsible for ensuring your use complies with applicable laws, including:

• The UK Privacy and Electronic Communications Regulations (PECR).
• The UK General Data Protection Regulation (UK GDPR).
• The Data Protection Act 2018.

We may suspend or terminate your access if we suspect non-compliance.

4. Intellectual Property

The Service, its software, and content remain the property of Davka Software Ltd or our licensors. Your subscription grants usage rights only, not ownership. You retain ownership of your uploaded content but grant us a limited license to process and distribute it as necessary to provide the Service.

5. Data Protection

5.1. We process personal data on your behalf as a processor under UK GDPR, while you act as the controller. By using the Service, you consent to our Data Processing Agreement and Privacy Policy Privacy Policy.

5.2. We advise against using the Service for sensitive personal data due to email’s inherent insecurity. You are responsible for determining the legal basis for processing recipient data.

5.3. Privacy Features:

• Double opt-in: New subscribers receive a confirmation email; unconfirmed data is deleted.
• Default unsubscribe: All emails include an unsubscribe link.
• Unsubscribe tracking: We maintain a list of unsubscribed recipients to prevent re-subscription.

5.4. You must erase subscriber data upon request and manage your employees’ data appropriately.

6. Termination

6.1. We may suspend or terminate your access at our discretion, without liability, for breaches of these Terms, suspected misuse, or legal requirements.

6.2. You may terminate your subscription, but paid license fees are non-refundable, and outstanding usage fees remain due.

7. Updates and Support

7.1. We may update the Service at our discretion without prior notice.

7.2. Support is available via email. We aim to respond promptly but do not offer training.

8. Limitation of Liability

To the fullest extent permitted by UK law, we are not liable for indirect, incidental, or consequential damages. Our total liability is limited to the fees you paid in the preceding 12 months. The Service is provided “as is” without warranties of fitness or uninterrupted operation.

9. Indemnity

You agree to indemnify Davka Software Ltd, its affiliates, and officers against claims, damages, or costs (including legal fees) arising from your misuse of the Service, breaches of these Terms, or infringement of third-party rights.

10. Changes to These Terms

We may update these Terms at our discretion. Material changes will be notified via email. Continued use after changes implies acceptance.

11. Governing Law

These Terms are governed by the laws of England and Wales. Disputes shall be resolved exclusively in the courts of London, unless otherwise required by law.

12. Contact Us

For questions or support, contact us at:

• Address: 280-282 Church Road, Birmingham, West Midlands, England, B26 3YH